Originally Posted by
JobsaGoodun
Flybe (as an operator), have no responsibility for operational or commercial performance for the Flybe branded, Stobart Air operated services at SEN. The responsibility for EU261 lies with the operator of the flight, not the company under which the flight is branded. When you purchase a flight operated as a codeshare, you may have booked through one airline but be travelling with another. It can't be the responsibility of the airline that you purchased the flight from to pay compensation if they have no influence or part to play in delivery of the service by the partner airline.
Well, if you do not believe me that the state of the law is different, let#s hear from the horse's mouth, the ECJ:
CURIA - Documents
Particularly paras 20-21:
It follows that an air carrier which, in the course of its air passenger carriage activities, decides to perform a particular flight, including fixing its itinerary, and, by so doing, offers to conclude a contract of air carriage with members of the public must be regarded as the operating air carrier. The adoption of such a decision means that that air carrier bears the responsibility for performing the flight in question, including, inter alia, any cancellation or significantly delayed time of arrival.In the present case, it is common ground that Thomson Airways merely leased the aircraft and the crew which performed the flight at issue in the main proceedings, but that the fixing of the itinerary and the performance of the flight were determined by TUIFly.