Old Dec 5, 17, 11:37 am
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
2019 FlyerTalk Awards
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 37,713
Originally Posted by MLE1 View Post
Dear All,
Just checking if I am insane and what my next step should be. Please let me know what you guys think.
As indicated up thread, mechanical defects generally don't allow for airlines to get out of EC261, but in a number of CJEU cases the issue has been mulled over as to what would be an example of extraordinary circumstances where mechanical issues were involved - in order the draw the contrast with the more usual technical issues which most certainly are not extraordinary. And in that, the example quoted was if an airline manufacturer issued an urgent recall of its aircraft to fix a fault, thereby ground an airline's schedule. More over this 787 issue has hit a number of airlines, not just BA, and is well documented on the web.

Now I can see another line of argument - which I am not convinced would work - where it could be argued that this is a grounding of only part of the fleet, and therefore the airline could be challenged whether "all reasonable measures" had be taken: they could have shuffled their fleet around better, leased some aircraft, made arrangements with other airlines and so on. With good legal advice and a sympathetic judge this may get somewhere, otherwise it's clutching at straws. I put that down to give the other side of the equation.

I trust you greatly enjoyed your final night in AUH, with that level of spending I would have thought the trifling matter of a few extra hours of such lavish relaxation would not be a huge concern.
corporate-wage-slave is online now