FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Dec 5, 2017, 7:54 am
  #1734  
MLE1
 
Join Date: Aug 2017
Programs: BA Gold
Posts: 3
Dear All,
Just checking if I am insane and what my next step should be. Please let me know what you guys think.

On November 2nd I went with my best friend to Abu Dhabi (Fairmont hotel = great!) to do nothing (drinking).

Routing
Outbound: AMS-LHR-AUH on Nov. 2nd.
Inbound: AUH-LHR-AMS Nov. 6st at 2.05 am.
The AUH-LHR flight was cancelled and rerouted from DXB.

On Friday November 3rd at 3.45 pm I received an email our flight (BA0072) was cancelled. We were put on the 2 pm flight from DXB, also on November 6th.
I Called BA: reason of cancellation was unknown. Only other option was same 2 am flight on November 5th or same flight on November 8th.
Arrived more then 12 hours later in AMS on November 6th.

A week later I filed an expenses claim and a separate EC/261 claim.
Expenses claim was awarded but EC/261 was not. BA is not taking responsibility because of technical failure.

Within 10 days after I filed for both (separately) I received he following reply:

"Dear Sir Rambo,

Thanks for your recent emails about your flight from Abu Dhabi on 06 November in Club World. I know how stressful it can be when your flight’s cancelled, mainly because you have to change all your plans. You certainly don’t expect this to happen when you fly with us and I’m sorry we let you and Mr Chuck Norris down.

I’m afraid however, your compensation claim’s been refused because BA0072 on 06 November 2017 was cancelled because of technical reasons, which wasn’t caused by British Airways and prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
To explain further, there’s currently an issue with the Rolls Royce engines on all B787 aircraft. British Airways and all other airlines operating these aircraft are therefore under instruction from Boeing to remove these aircraft from service for further inspection. I’m afraid this was out of our control and caused unforeseen disruption to our schedule.

We take all reasonable measures to avoid cancelling a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the cancellation was necessary in this case.

Of course, we’ll fully cover your hotel, food and transport expenses you had as a result. I’ve therefore arranged a refund of €1,2 Million to your bank account and this will be with you shortly.

Thanks again for getting in touch with us so we could explain the background. We value your loyalty as a Gold member of our Executive Club and I hope you enjoy your flight with us in February. Please feel free to contact me directly using the blue link below if I can help you with anything else.

Best regards

Pamela Anderson”


Am I wrong to say these technical reasons are not “extraordinary circumstances”?
And/or is this technical issue sincere and is it a serious reason that BA would not be liable for the compensation?

BTW. Common sense tells me BA had more then enough time to find another aircraft.


Looking forward to what you guys think and/or advice what my next step should be or that I just let it be...

Thanks a lot!
M.
MLE1 is offline