Old Aug 29, 18, 9:25 am
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Originally Posted by nickplaton View Post
I was due to fly on BA188 on Thursday 30th August between EWR-LHR. I made initial contact via twitter about claiming under EC261. The response was I would not be entitled to compensation because the 787 was having engine checks. Where do I stand?
Personally I think it is very much up for challenge. BA simply don't have enough aircraft to run the schedule, and the 787 is a long term issue. It would be an even stronger argument if it was LHR-EWR, but on the basis that there is presumably no LHR-EWR service either then personally I don't think BA have a strong case. They do have some legal backing for their argument, but my view would be that those court cases would relate to an immediate grounding of a large fleet for immediate safety works, rather than the situation BA is in. Now because BA do have some basis for refusing your claim, if you were UK based I would be looking at MCOL rather than CEDR. Assuming, of course, the replacement service is outside the timeframes explained at the top of the thread.

Unfortunately despite all those affected by this long running saga, not one single FTer has been prepared to take this all the way through MCOL and then explain what happened here.
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