I flew a year ago to Mexico from the UK. My flight was delayed by over 24 hours. I sought compensation from the airline. After one year and 3 weeks they replied with this. What should be my next step? I don't care about the flight delay compensation, as much as recovering money that I lost by making a second booking for an internal flight in Mexico and losing one night at my hotel. Any advice would be appreciated. This is their response -
Now that we've received your correspondence, we've looked in detail at the circumstances that surround your experience. So let's look at the specific cause of your delay.
We've looked in detail at the circumstances that surround your experience and I can see from our internal airline reports that the aircraft experienced unforeseen technical issues with the engine. The aircraft was on the ground due to a flap slat Electrical defect. Despite multiple attempts from the engineering team the aircraft remained unserviceable for the majority of the day. At 12.00 the decision was made to move the flight to a non-premium B763 aircraft. This meant a complete re-cater and an estimated departure of 16.30. Due to the length of delay, however, this required a new crew and despite best endeavours we could not get another crew to operate the flight. The decision was therefore made to night stop the flight and operate the following day.
As confirmed by the Court of Justice of the European Union ("CJEU") in the judgment on Nelson v Lufthansa and C629/10 TUI, British Airways, EasyJet and IATA v United Kingdom Civil Aviation Authority, the question whether a specific delay triggers an obligation to pay a proscribed amount of compensation pursuant to Article 7 of the Regulation requires consideration as to whether the long delay is a result of extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. It's important to note that the "all reasonable measures" test applies to the occurrence of the EC not the delay that may have been its effect.
Plainly speaking, a small number of passengers may be entitled to compensation for a delay that results in those passengers reaching their destination airport in excess of three hours after their ticketed arrival time. However, if the cause of the delay was not the airline's fault (i.e. the result of Extraordinary Circumstances), there is no requirement to pay that compensation.
The definition of what amounts to "Extraordinary Circumstances" is given in paragraph 14 of the preamble of the Regulation, which states:
".obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier."
In case of your flight, the cause of the delay an "unexpected flight safety shortcoming" arising from the discovery of a technical defect or failure of a part.
Maintenance of the fleet of aircraft is conducted to some of the highest standards in the world. It's another area that we take extremely seriously as it affects safety, cost and on-time performance. Our approach is to have a regime that results in a schedule of assessment, service and part replacement which is significantly better than the manufacturer's recommendations.
It is clear that failure of a part outside of its life expectancy is not inherent in the operation of an air carrier and is actually quite unusual.
As a result of this part failure, repairs had to be made to aircraft before it could leave the hangar, and this resulted in an unexpected delay to your flight.
As these circumstances were entirely unexpected and outside of our control, there is no entitlement for compensation for the delay.