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I am aware that a judgement clarified that EU261 was applicable to flights from B to C where the plane was on a journey that originated in EU country A.
Do I have the same protection under UK261 for fifth-freedom flights where the aircraft originated in the UK?
Specifically, I am looking at my rights for a BA flight I was due to travel on from The Bahamas to Grand Cayman that was cancelled at Gatwick. I was ticketed by BA LGW-GCM-LGW with a four-night stopover in NAS on the outbound.
Thanks in advance for any legal insight.
NAS/GCM is a LHR departure but this is an interesting question. Do you know the reason for the cancellation (this route is a bit jinxed, IME!)? If it was down to circumstances outside BA’s control, like weather, then no compo would be due in any case.
Incidentally, how were you charged for this? Did you have to pay for the 2 legs separately?
You’re right, it was Heathrow. Doh!
One ticket, one payment.
At this stage, I’m focussed on re-routing rights rather than the compensation aspect. It not being possible to get through to BA despite much trying by various means, I had to re-route myself, and I want to understand whether the claim for the additional cost should be sent to BA or my insurer.
@MKB – if the question is whether you have UK261 rights on a flight between NAS-GCM as a standalone sector, I think the answer is no as it’s a flight between two third countries (GCM not being part of the United Kingdom and the Bahamas being an independent nation). The fact the flight/aircraft originated in the UK and is/was on BA, a UK carrier, doesn’t change anything. Even if you don’t have UK261 rights, you may well have other rights and/or the basis for an insurance claim but you haven’t told us the nature of the issue and the claim you wish to make. Was this a package or linked travel arrangement?
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