Originally Posted by
mason1999
thanks for your replies, still doesn't really make it clear what falls under "extraordinary circumstances" does it, I have spoke with BA again today and told my case will remain on hold until this court case ends with a decision, I said if they thought they didn't have a case to answer to then they would have closed it straight away, I was informed, current legislation stands this would fall under EC, but they would not like to close it then have to re open it if the EU legislation changes.
This legislation won't be changing for a few years at least, the current legislation and judicial interpretation are clear that technical shortcomings, with some obscure exceptions, are not Extraordinary Circumstances. The National Enforcement Bodies issued a draft guideline which BA were relying on to reject claims, however as soon as anyone moved court action they immediately paid up. A draft guideline is not legislation, it's, well, a draft guideline. The Flyertalk thread is a guideline too, except it's not draft. BA's information to you simply deserves the Mandy Rice-Davies reply.
What I believe they meant to tell you is that as a result of the recent Huzar legal case they are now reviewing their approach.
If you want a textbook way on how to handle this, one post in the thread already quoted gives a good example, in my opinion.
http://www.flyertalk.com/forum/23021874-post832.html