FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Sep 15, 2017, 10:08 am
  #1391  
Tobias-UK
Ambassador, British Airways Executive Club, easyJet and Ryanair
 
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
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Originally Posted by AbileneBound
I finally got a response from BA addressing my query as to the explanation for the cancellation and refusal of compensation. It reads:

"I’ve reviewed your claim and as per our records your flight BA0193 was cancelled due Industrial Action being in place which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

On the day you were due to travel, industrial action was carried out by British Airways cabin crew. Strikes are an extraordinary circumstance and are outside of our control. I’m afraid this meant we had no option but to delay your flight.

Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed flight.

I realise this will be disappointing for you but I hope this information will help you to understand our decision."

As expected, they are claiming that the industrial action was an "extraordinary circumstance". However, the CAA's page on this says that extraordinary circumstances would include "Strikes (unrelated to the airline such as, airport staff, ground handlers, or air traffic control)". However, this strike was very definitely related to the airline so it seems to me (and I believe others here) that this would NOT be considered extraordinary.

The only question remaining is, has anyone actually succeeded in claiming compensation because of a cancellation caused by the cabin crew? Or will I be the first?
The text above in red should be your response to BA.
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