FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Oct 11, 2017, 3:12 pm
  #1531  
serfty
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Originally Posted by holloway1000
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The last email i had from BA was:

I’ve reviewed your claim and on the day you were due to travel our crew needed to rest due the change of aircraft type. Our crew can only fly a certain number of hours and this is primarily for your safety but also so we meet legal requirements. I’m afraid this meant we had no option but to delay your flight BA0188.

We always want to maintain as stable an operation as possible. This isn’t only because of the disruption to our customers, but also because of how difficult it is to recover from a delayed 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.
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Not having further information regarding the reson for the delayed inbound, it seem this is almost an "auto-text" reply with just a few parameter filled in. Standard obsfucation.
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