FlyerTalk Forums - View Single Post - The BA Compensation Thread: Your guide to Regulation 261/2004
Old Jan 24, 2014, 5:53 am
  #152  
Tafflyer
 
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Originally Posted by dwallfort
i was dealyed on a flight from Rio for 20 hours towards the end of last year due to a sick captain.

BA are claiming extrordianry circumstances, I wondered what people's thoughts are and whether you felt there would be a dstrong chance of success if this went to court.

I would argue that staff ilnness is something that every company experiences and should have adequate contingency plans in place. My understanding regarding the reasonableness point is that this only becomes relevant if it is found that staff illness, is in itself, an extraordinary cicrumstance.

As a side note, BA have already paid compensation to another passenger on the flight but have claimed this was a mistake.

Really appreciate any thoughts.
Only one course here. Notice before action letter followed by a small claims action if BA do not pay. I don't see how it can be an extraordinary circumstance for one passenger and not for another. Even if BA were ultimately correct in their EU261 interpretation, they would be victims of their own inconsistency here.
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