Originally Posted by
armouredant
It appears BA are still playing hardball (or, at least, the Indian contact centre)! My friend got the following response after contacting them again and challenging their earlier decision to deny EC261/04 compesation:
"Thanks for coming back to us about your EU compensation claim.As previously advised, your flight BA0055 on 15 April was delayed due to damage not caused by British Airways. This caused a flight safety shortcoming that had to be assessed by our Engineering team.Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove 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. Please feel free to contact me directly using the blue link below if I can help you with anything else".
I presume we just progress to a standard "letter before action" and await their next response?