Article 10

Upgrading and downgrading

1. If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment.
2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse
   1. 30 % of the flight price for all flights of 1 500 kilometres or less, or
   2. 50 % of the flight pricefor all intra-Community flights of more than 1 500 kilometres, except flights
      between the European territory of the Member States and the French overseas departments, and for all other flights between 1 500 and 3 500 kilometres, or
   3. 75 % of the flight price for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.

(s) ‘ticket price’ means the full price paid for a ticket, including the air fare and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket,such as all costs for the check-in, the provision of the tickets and the issuing of the boarding cards and for the carrying a minimum amount of luggage, including an item of hand luggage, an item of checked‑in luggage and essential items, as well as all costs related to payment, such as charges for paying by credit card; .the ticket price published in advance always reflects the final ticket price to be paid.

(t) ‘flight price’ means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey(s) covered by the ticket; where a ticket price is not known, the value of any refund shall be the supplement paid for a premium seat on the flight

1. The following circumstances shall be considered as extraordinary:

i. natural disasters rendering impossible the safe operation of the flight;

ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety;

iia. damage caused by bird strike

iii. war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight;

iv. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned;

v. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities;

vi. meteorological conditions incompatible with flight safety or that have damaged the aircraft in flight or on the tarmac after service release and rendering the safe operation of the flight impossible; and

vii. unforeseen labour disputes at the operating air carrier or at essential service providers such as airports and Air Navigation Service Providers.

2. The following circumstances shall not be considered as extraordinary:

i. technical problems inherent in the normal operation of the aircraft, such as a problem identified during the routine maintenance or during the pre-flight check of the aircraft or which arises due to failure to correctly carry out such maintenance or pre-flight check; and

ii. unavailability of flight crew or cabin crew (unless caused by labour disputes).
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Thank you for contacting us. I apologise for the delay in replying to you.

Your claim for compensation has been refused because flight BA0027 on 09 December 2013 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

During the final maintenance checks, we discovered a problem with the nose gear door. There are numerous parts that the airline may be required to replace within a specific timeframe. These parts are kept fully stocked and ready to fit. As this particular ‘part’ was not due to be replaced, this constitutes as extraordinary circumstances.

Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid delaying a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to delay is made. We are sorry that the delay was necessary in this case.

Thank you for following this up with us. I do hope we have the chance to welcome you on board again soon.