BA Cancel flight, but dont refund passenger.

[filthiestfis]

I am asking this question on behalf of a friend. He recently flew with BA-they cancelled his flight, put him up for the night, and provided him with refreshments. He took the next available flight with them the next day, however, it is his understanding that in addition to putting him up for the night, he is also entitled to receive a refund in cash towards the value of the fare, for the affected journey. He has written to BA but they have ignored his request, citing that the flight was cancelled due to a mechanical failure.
Is he actually entitled to receive a refund for the cancelled flight? Is it the civil aviation authority that he must contact to pursue this claim?

[Buenchico]

BA appear to be relying on this part of EU Regulation 261/2004:
"An operating air carrier shall not be obliged to pay
compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".

However, while that paragraph would obviously apply to, say, fog-bound airports, it seems questionable as to whether it should apply to a mechanical defect of one of their aircraft.

See Articles 5 & 7, here:
http://europa.eu.int/eur-lex/pri/en/oj/dat/200 4/l_046/l_04620040217en00010007.pdf

The EU recognises the CAA as one of the two UK enforcement bodies, in relation to Regulation 261/2004, but the Air Transport Users Council (which is based at the CAA's offices) should probably be your friend's point of contact. Details are here:
http://ec.europa.eu/transport/air_portal/passe nger_rights/doc/2005_01_31_national_enforcemen t_bodies_en.pdf

Chris

[filthiestfis]

Thank you once again BC for a fantastic response :-)
You are the best!!