Reply To: BA and EU 261 again

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travelworld
Participant

Stage 2. Now BA say
I’ve reviewed your claim and can see that on the day you were due to travel, industrial action was carried out by our crew. Strikes are an extraordinary circumstance and are outside of our control. I’m afraid this meant we had no option but to delay your flight.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that 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 delayed flight.

Odd that BA didn’t mention it before, but 3 March was a Mixed Fleet strike day.

Two points-internet research suggests that strikes by the airline’s own crew do not count as an extraordinary circumstance, although this view is not unanimous. And I was en route to Jeddah- not a Mixed Fleet route, I think. I guess the crew rostered for the Jeddah flight were sent elsewhere.

I’m tempted to carry on with a Money Claim Online claim, unless people think I’m definitely in the wrong…..

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