FlyerTalk Forums - View Single Post - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Old Sep 3, 18, 6:46 pm
  #1260  
rbAA
 
Join Date: May 2003
Location: Bangkok, Thailand. No longer Palm Coast, FL though still exiled, again, from the Bay Area.
Programs: Only the good ones
Posts: 5,153
BA 787 engine issues

So, if you've been following my claim regarding the cancellation of my April LAX-LHR flight due to the 787 engine issues, the CEDR arbitrator just awarded me Article 7 compensation of 600 euro, denied my Article 8 claim for a refund of half the ticket cost, and BA already paid the Article 9 compensation at the time they filed their response in the CEDR matter. The arbitrator specifically found that engine issues such as the RR Trent 1000 presented are extraordinary circumstances. However, since BA has known of this issue since at least October 2017, the arbitrator ruled that BA did not meet their burdan of proof that they took reasonable precautions to avoid these cancellations. Therefore, BA can't use the extraordinary circumstances defense in these matters.

Further, it didn't matter that I arrived in OSL at the same time as my originally scheduled arrival. The time factor is the delay in arriving at the destination of the cancelled flight, even if you make your original connection for onward flights.

Decision is attached.
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