Originally Posted by
corporate-wage-slave
Well that's indeed incorrect. But this means you can quote CJEU case LE v Transportes Aéreos Portugueses SA (case C-74/19), since their refusal to book on that service makes them liable for EC261 even if they think the original cancellation was extraordinary circumstances. Make sure you quote that case in any CEDR or MCOL submission. However fundamentally you can argue that just because HAL asks for something, doesn't void the need to do the right thing for the passenger, given that it was BA's decision to cancel your flight and BA decision not to offer a rebooking at the earliest opportunity. If you are able, I would be tempted to go MCOL but it is more work and you may have to attend a court hearing.
BA responded:
Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel flight, BA0373, on 20 June. I understand this is something you feel strongly about and I appreciate why you're unhappy with our previous reply.
I’ve had another look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the response you’ve received about the eligibility of your EU compensation claim are correct.
Your flight was cancelled because Heathrow Airport Limited asked airlines to reduce their flight schedule by 10% due to the ongoing baggage issues. Therefore, it means you’re not eligible for EU compensation.
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 cancelled flight.
Down the MCOL route I go!