Old Sep 4, 18, 1:24 am
  #1268  
corporate-wage-slave
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Many thanks for that rbAA, it will be very useful to many others in a similar situation. The judgement wording is clear and very well laid out by the adjudicator. Namely it is extraordinary circumstances but BA failed to take all reasonable measures. Until now I advocated people take the MCOL approach, but this judgement will make it better to take the CEDR route. However 2 caveats. Firstly as far as I believe the following is incorrect in law: the Regulation says clearly "Final Destination" which can only be OSL to my mind unless this was a separate ticket (unlikely!). Maybe the adjudicator didn't notice this.

Originally Posted by rbAA View Post
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.
Secondly BA seems not to have relied on this point in their submission (hence the adjudicator's decision) but they also didn't submit anything as to what reasonable measures they had taken:
Originally Posted by CEDR
I am mindful that the airline has not provided any evidence or reasoning to demonstrate what reasonable measures were considered in respect of the Flight in particular, why these measures could not have been taken or why it would be regarded as unreasonable to have taken such measures.
So the next claim may well have something from BA that addresses this and passengers perhaps need to anticipate this in their submission. I suspect it won't fully help BA, since unless they rebook people on other airlines, get charter aircraft in, reroute oncarriage passengers etc then there will be a comeback to the passenger.
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