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Yes I was hopeful when I read that @lhar. But as the flight that was late departed from a point that was in the US and was not operated by a UK or European carrier, then EU261 sadly doesn’t apply.
The good thing about the final destination being what counts, is useful as that allows the whole return journey to be considered as one. Which is useful in getting people compensation, say, if they were ticketed on BA from, say, Moscow via London to Edinburgh. Even if Moscow to London was the cause of the final arrival in Edinburgh being, say, 4 hours late, in that case compensation would be based on the distance from Moscow via London through to Edinburgh as it was all one journey, instead of just whatever the compo would be just for the flight that didn’t run to schedule ie Moscow to London.
But in the above example, if Moscow to London flight was operated by, say, Aeroflot, then no compensation as no EU261 rights at all. If BA had been the operator of the Moscow to London flight, then EU261 rights would apply for the whole journey to Edinburgh.
To most of us it would seem that the AA flight coupled with its departure being in the US, is the same as the Aeroflot flight above so the whole return journey didn’t qualify for EU UK 261 compensation.
I’d love to be wrong on this as it says if you want 261 to cover your return or your single flight from a non-Uk non-Europe country, make sure your initial departure on the journey from that country is from a UK or European airline’s hub there so that your first flight on the journey is on a UK or Eur operated aircraft.
Yes, see the link you posted. And obviously we need to spell it out for you.
“single booking with a Community carrier, departing from an airport located in the territory of a Member State and arriving at an airport located in a third country via another airport in that third country, is entitled to compensation from the third-country air carrier which operated the entirety of that flight acting on behalf of that Community carrier, where that passenger has reached his or her final destination with a delay of more than three hours caused in the second leg of the said flight.
OP flew from Austin Texas, last time I looked at the map it’s not in the UK or EU.
@meta I’m not lost on the nuance of that specific ruling. But I’m surprised it hasn’t been tested the other way around. I don’t see the distinction if the OP booked the whole flight with BA on a single ticket. From the link I referenced:
… made a single reservation, via a travel agency, with the Community carrier Deutsche Lufthansa AG (‘Lufthansa’), for a connecting flight from Brussels (Belgium) to San José (United States), with a stopover in Newark (United States).
The entire connecting flight was operated by United Airlines, an air carrier established in a third country.I would argue EU261 Article 3 1(b) applies in this “reverse” situation. I am probably wrong, but hey.
Personally I don’t like EU261 (even though I’ve claimed a few times). It is weighted too much with the passenger. Air travel is a complex system of systems, and passengers have to “suck it up” to a greater extent. Specifically the delay/re-routing compensation is insane, which is why more low(er) cost airlines find any way to obfuscate it.
Why not have a “delay lounge” where passengers can be fed and watered whilst they are waiting, Xboxes for the kids. Throw out pizza express vouchers like it’s Fahrenheit 451. A lot cheaper than EU261, and pax are probably a lot happier (well if you provide good communication as well). IMHO
….Why not have a “delay lounge” where passengers can be fed and watered whilst they are waiting, Xboxes for the kids. Throw out pizza express vouchers like it’s Fahrenheit 451. A lot cheaper than EU261, and pax are probably a lot happier (well if you provide good communication as well). IMHO
When was the last time you had a delayed flight and were spending time at the depature gate area?
When was the last time you travelled Econ on a budget airline with a 5 hr delay?? 😉 Me neither. I’m not suggesting EU261 is bad, but it is badly skewed. Families don’t want compensation AFTER their holiday, starting off hungry and thirsty and an experience to taint their holiday. Better to spend £100/pax making their “airport experience” better than £300 after a ruined holiday.
The average Joe could have a lot of fun with £100/pax in an airport. So much better than compensation afterwards. And I was that average Joe, so yes I remember
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