Hi,
what can I do here? Is there any use pursuing this any further?
The argument here is that the delay was caused by Air Traffic Control restrictions and therefore not the fault of BA.
The flights:
May 15, 2012. BA297 LHR-ORD delayed by 96 mins, missed our connection and didn't get rebooked til next morning
original connectiontime was 105 mins (same PNR), BA4918 ORD-LAS.
There was one later flight to LAS, but we couldn't get any seats.
In the end a delay of 14 hours at final destination.
BA's latest answer:
I have reviewed your claim for compensation and flight BA297 on 15 May 2012 is not eligible for EU Compensation.
As you are aware, Your flight was delayed for a total of 96 minutes. Air Traffic Control restrictions accounted for 73 minutes of the total delay.
The departure slot time we were allocated by Air Traffic Control was 15.55 GMT which was 80 minutes later than our planned time of departure of 14.35 GMT. The departure slot came forward as we eventually departed at 15.38 GMT.
Whilst the departure delay was 63 minutes, the arrival delay was 96 minutes in total. The flight took 33 minutes longer than our usual planned flight time. This extra delay can only be caused by Air Traffic Control as once we push back from the stand we are in the hands of Air Traffic Control until we arrive on stand at our destination.
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 could not 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. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight.
Can I ask them to show documentation of this? As far as I can see, the event timeline at Flightstats does not exactly corroborate their story?
Thank you for your help!