FlyerTalk Forums - View Single Post - The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261
Old Nov 2, 2023 | 2:50 am
  #2294  
rsaffer
 
Join Date: Oct 2023
Posts: 9
Originally Posted by Sigwx
I have just re looked up BA085 13th Sept 2023. The entry is as follows;



So there is a code DAMN hence your rejection by BA, but also a DAMY code too. It will be interesting to see the submission BA puts forward. I recall mentioning it at the time but just to recap the remarks section of the entry translates as follows; “Cancelled due to aircraft damage and not eligible for EU261.

Engineering remarks - Cancelled due to aircraft damage and is eligible for EU261 due to G-XWBM being in the Fleet Support Unit with 55 lightning strikes.”

So BA will be contesting this via CEDR, ultimately huzar has already concluded this to your favour but it will be interesting none the less. BA I guess will be arguing a case of how many lightning strikes is classed as extraordinary?

If any of you present here fly on G-ZBKD in the next few weeks and are staring at her through the glass windows of a gate, have a look at her lower right (starboard) forward side and count how many silver dots you see, they are all lightning strike marks that are dotted by engineering. She is riddled with them and newer carbon composite fuselages are fantastic lightning attractors, so we do get whacked a fair old bit.

I have sent my claim of to CEDR, having let BA know that was my intention, and received the following from BA, who then recommends me on to CEDR if I want to appeal:‘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/s you’ve received about the eligibility of your compensation claim are correct. This means you won't receive any further responses from us about this claim.



As your flight was cancelled due to the aircraft experiencing a lightning strike whilst operating the previous flight. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. During the inspections, damage to the aircraft was found, which meant repairs had to be carried out before the aircraft could operate. It means you’re not eligible for compensation.‘

Here’s hoping CEDR take my case! I’m kinda nervous, but I trust the Huzar case, even if BA did try and skirt around it with applying DAMN after the engineers had stated DAMY. (I’m still not sure how BA could override an engineers DAMY cancellation code)
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