Codeshare Flight Cancelled: Which Airline Do You Claim Against?
Loren Castillo
Founder, TravelStacks
Codeshare flight cancelled which airline claim depends on the jurisdiction. EU261 and UK261 place the obligation on the operating carrier (the airline that flew the plane). US DOT 2024 refund rule places the obligation on the airline that sold the ticket (the marketing carrier). On a Delta-marketed flight operated by Air France from JFK to CDG, EU261 sits with Air France and DOT refund sits with Delta. Filing against the wrong carrier wastes weeks.
Codeshare Flight Cancelled Which Airline Claim: The Two-Rule Split
Codeshare flight cancelled which airline claim is one of the most-asked questions in passenger rights, and the answer depends on which jurisdiction you are filing under. EU Regulation 261/2004 places the obligation on the operating carrier (the airline whose plane and crew flew the flight), regardless of whose code is on the ticket. The 2024 US DOT refund rule places the obligation on the airline that sold the ticket (the marketing carrier or 'ticketed carrier'). UK261 follows EU261. Montreal Convention applies to the actual operating carrier. On a single complex disruption, you may be filing against two different airlines under two different frameworks, in parallel.
EU261 and US DOT point to different respondents on the same codeshare. File against both, in parallel, under the correct framework.
How to Identify the Operating vs Marketing Carrier
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Boarding pass: shows the operating carrier in the small print, usually with 'Operated by [Airline]'.
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E-ticket receipt: shows both the marketing carrier code (DL, AA, UA, BA, AF, etc.) and the operating carrier separately.
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Manage Booking flow: the airline whose Manage Booking page you use is typically the marketing carrier.
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Aircraft registration and tail number: the operating carrier owns or leases the plane. Tail number lookups (FlightRadar24, FlightAware) confirm.
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Crew uniforms at the gate: the operating carrier's crew is at the gate, regardless of which code is on the ticket.
See codeshare marketing carrier vs operating carrier: legal definitions and interline ticket vs codeshare ticket differences.
EU261: Operating Carrier Owes
Article 2(b) of EU261 defines the operating carrier as 'an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger'. The CJEU has consistently held that the operating carrier is the only carrier liable for EU261 cash compensation, refund rights, and duty of care. Marketing carriers (the airline whose code is on the ticket) have no EU261 liability even if they sold and ticketed the flight. Filing an EU261 claim against the marketing carrier produces a procedural rejection: the marketing carrier forwards to the operating carrier, who then has to process. Save the time and file directly against the operating carrier from day 1.
US DOT: Marketing Carrier Owes
The 2024 DOT refund rule places the refund obligation on the airline that sold the ticket. The Department of Transportation's interpretation, reflected in 14 CFR Part 259 and the 2024 final rule, treats the ticketed carrier as the responsible party for refund processing. On a codeshare flight where Delta sold the ticket and Air France operated, Delta is responsible for the refund under DOT. Delta in turn settles with Air France through their bilateral agreement. Filing the DOT refund claim against Air France typically produces a redirection back to Delta. Save the time and file directly against the marketing carrier on US DOT claims.
When Both Frameworks Apply (Transatlantic Codeshares)
On a transatlantic codeshare flight from JFK to CDG (Delta-marketed, Air France-operated), both frameworks apply. The cancellation triggers: US DOT cash refund right against Delta (marketing carrier), EU261 cash compensation against Air France (operating carrier), Montreal Convention documented loss recovery against Air France (operating carrier). Three parallel filings against two different airlines. The platform handling the claim should orchestrate all three. See codeshare between US and EU carriers compensation path and which airline files the EU261 claim on a codeshare.
A single transatlantic codeshare cancellation can trigger filings against two airlines under three frameworks. A multi-jurisdiction platform handles all three.
Common Codeshare Confusion: Joint Ventures vs Codeshares
Joint ventures (Delta-Virgin Atlantic-Air France-KLM, American-British Airways-Iberia-Finnair-Aer Lingus, United-Lufthansa-Air Canada) blur the line. The marketing and operating carrier rules still apply, but the joint venture's revenue-sharing economics mean both carriers have economic exposure to the disruption. From the passenger's perspective, file under the framework rules: EU261 against the operating carrier, US DOT against the marketing carrier, regardless of joint venture structure. See Delta KLM joint venture codeshare rules and oneworld codeshare rebooking rules.
Hotel and Duty of Care on Codeshare
EU261 duty of care (hotel, meals, transport between airport and hotel) sits with the operating carrier. The marketing carrier has no duty of care obligation under EU261. On a Delta-marketed Air France-operated flight cancelled at CDG, Air France must arrange and pay for the hotel, regardless of which app you used to book. In practice, the marketing carrier's app may issue distressed-passenger vouchers and absorb the cost as part of the bilateral codeshare agreement, but the legal obligation runs to the operating carrier. See who pays the hotel on a codeshare delay and skyteam codeshare rebooking rules.
How to File a Codeshare Cancellation Claim
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Identify the operating carrier from the boarding pass or e-ticket.
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Identify the marketing carrier from the ticket code or Manage Booking interface.
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Determine applicable jurisdictions: EU261 if EU-departing or EU carrier into EU, UK261 if UK-departing, US DOT if US-handling, Montreal Convention if international between state parties.
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File EU261 or UK261 against the operating carrier, citing Article 2(b) and the relevant compensation article.
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File US DOT refund against the marketing carrier (the airline that sold the ticket).
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File Montreal Convention documented loss recovery against the operating carrier under Article 19.
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Track each filing's deadlines independently. EU261 and UK261 typically 2 to 6 years statute of limitations. US DOT no formal limit but practical 1-year window. Montreal Convention 2-year absolute under Article 35.
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Escalate to relevant NEB (CAA, DGAC, etc.) or DOT complaint if airlines refuse.
TravelStacks handles parallel multi-jurisdiction filings from a single intake. For the codeshare-specific pillar, see codeshare flight rights: which airline responsible. For the broader business travel pillar, see business travel flight disruption compensation. Start a claim.