FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Jun 2, 2017 | 9:41 pm
  #717  
dera
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Originally Posted by CCayley
Oh dear, I am a lawyer and am still not sure where I stand .

Yesterday's BA2 (JFK-LCY) scheduled for 18.25 was cancelled after the tug pushing the 'plane off the stand somehow managed to strike the nose cone and we were off-loaded while the engineers worked out if the damage done represented a safety risk. BA handled the matter pretty well, and I ended up on the 19.30 flight to LHR which arrived just over an hour after BA2 had been scheduled to land at City.

I'm not terribly fussed about compensation although given BA's current attitude to service recovery issues (which essentially appears to be to throw an insulting number of Avios at people rather than compensate fairly) I might go for it if available because if BA want to rely on the letter of the law, so can passengers. What I would like is my travel costs from Heathrow: travelling with two bags at peak time I couldn't face the underground and it would have been too slow to allow me to get to an appointment, so I used one of my already-owned Heathrow Express Business First carnet tickets (not much more expensive than a walk-up standard class ticket) and took a cab from Paddington which cost £46.

So my questions to the experts: 1. Did the circumstances of the BA2 cancellation amount to extraordinary circumstances so no EU compensation or does BA's control of ground handling at JFK T7 and the fact that this was a technical fault cancellation mean no extraordinary circumstances?

2. Are BA likely/obligated to refund my additional transport costs across London, and if so is that true regardless of the answer to question 1?

Thanks in advance!
Out of curiosity, did they reroute you to LHR in J or F?
I've been told by a credible source that at least a few years ago, if the LCY-JFK was cancelled, they put the passengers in F to/from JFK.
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