Originally Posted by
Cymru Fach
Basically our flight BA115 Heathrow to JFK scheduled for departure at 16:10 on the 14th March 2015 was cancelled at circa 3am on the day of scheduled travel. When I read the text message alerting me of this in the morning I rang the helpline number given, I was told very specifically by the representative that it was due to "operational" reasons. I asked him several times what exactly this meant, and he couldn't provide any kind of sensible or useful answer, only make alternative flight arrangements for us (we flew the next day and landed in JFK 15 hours and 22 minutes later than scheduled).
"Your claim’s been refused because BA0115 on 14 March 2015 was cancelled because of aircraft damage which wasn’t caused by us, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."
According to the EC261 provision:
The airline is also required to pay cash compensation as described below, unless one of the following conditions applies:
the airline notifies the passengers less than one week prior to departure, and re-routes passengers so that they can: depart no more than one hour earlier than scheduled, and
arrive no more than two hours later than scheduled
the cancellation was caused by extraordinary circumstances
that could not have been avoided by any reasonable measure.
Given that British Airways operate at least 7 flights to JFK each an every day and that Heathrow is their primary operating base, there would be a degree of thinking that
a) sourcing an alternative aircraft for this flight sector (BA115/14MAR) would not be out of the question or indeed deemed extraordinary and
b) there would be sufficient opportunity to re-protect you and your travelling party on to an earlier/later departure that would not result in a delayed arrival of +15hrs.
You are also entitled to refreshments, time appropriate meals and accommodation at the cost of the airline when enforcing such delays upon you at short notice so please don't allow the airline to make you feel they are doing you any sort of favour by allowing you these things. They are your basic right in this situation.
Damage limitation (on their wallet) is what is of primary concern to the airline now and they are not breaking the law by trying to convince you to settle with what is essentially half of what you're (in my mind) eligible to.
I would definitely follow the advice that others have given before, filing a time ultimatum in writing on which the airline should respond favourably before filing a MCOL for the appropriate amount if they still fail to see sense.
Good luck!