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1st flight and rebooked flight got cancelled. What are my rights since it was wi...

1st flight and rebooked flight got cancelled. What are my rights since it was with separate airlines and airline is diverting blame? Very confused

I have a complex situation and I would love to be educated.

My first flight from London to Canada (AC0869) on June 26 was cancelled due to mechanical issues. This flight was with Air Canada.

I was automatically rebooked onto a British Airways-operated flight from London to Canada taking off 6 hours later (BA95). This flight was delayed 2 hours and then also cancelled due to mechanical issues. British Airways rebooked me for the following day and said I needed to book a hotel and send them any related expenses.

Logically, it sounds like I have 2 separate compensation claims (one with Air Canada and the second with British Airways). I submitted 2 delay/cancellation claims, one with Air Canada and another with British Airways. The British Airways claim included the hotel costs and Uber fees.

Air Canada have provided me with compensation as per EU guidelines, but British Airways are denying the claim, citing "Flight AC0869 is operated by Air Canada, therefore I need to speak with them about compensation." I assumed they had misunderstood my claim, so I responded that I am not talking about the AC0869 cancellation and that my claim is strictly for BA95 alone. I also forwarded all my proof: the cancellation email from BA and the BA boarding pass.

They again responded with the same copy/paste message as above, specifically mentioning that Air Canada flight AC0869 is out of their hands since they are not the operators — even though I clearly outlined that I am not after them for compensation for the Air Canada flight, only for the BA flight.

I am extremely confused and frustrated. Can someone please educate me? Is British Airways choosing to ignore the fact that I am trying to claim compensation for the BA95 flight, or is there some law that makes Air Canada responsible for both flights? To clarify, my BA95 flight was not partially an Air Canada flight; it was 100% British Airways.

Which airline is due to compensate me for my hotel and Uber fees? I am just having a hard time understanding why British Airways is trying to hold Air Canada responsible for a British Airways flight that was cancelled.



Top Answer/Comment:

You can only get compensated by who you booked with. When you bought the Air Canada ticket, there is contract between you and them. In exchange for the fare you paid, they agreed to provide you with a service. Due to the mechanical issue, they could not provide that service and so they provided you with an alternate service. Since that did not match very closely with what you booked, you were entitled to some compensation.

The important point here is that you did not have a transaction with British Airways; Air Canada did. Through some agreement between the two airlines that booking was done in your name so that you can board. This is not the same as if you bought a ticket with British Airways yourself. That is why British Airways is right in referring you back to Air Canada.

Air Canada here is responsible for compensating you for the delay you actually incurred between the original departure you booked and the actual flight you took. The same would apply if all flights were on Air Canada. Imagine that they said "we have a flight in 4 hours so you can claim X amount of the inconvenience", then that flight has a problem and got delayed an extra 6 hours, in that case you would request compensation for a 10 hour delay, not compensation for a 4 hour delay plus compensation for a 6 hour delay. That is the complaint I would make, one for the total. Some commenters have pointed out that there has been a pre-Brexit case where a court judged that they could get two compensations. Those would still be claimed from the airline that the original booking was made on.

Sometimes things fall through the cracks when more than one airline is involved. I remember being rebooked once for a delayed flight that had complementary baggage allowance to one that did not. No matter how I tried to explain that I already paid a price that included luggage, they would not let me check any in unless I paid their fees directly.

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