FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Sep 28, 2017, 4:31 am
  #1430  
bradders81
 
Join Date: Apr 2013
Location: UK (MAN)
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Originally Posted by Tyzap
What the captain told you was not correct.

MAN has 2 runways and the second runway remained open throughout with aircraft landing and departing from it. The airport did not close but was severely restricted from roughly 18.30 to 19.30 whilst the main runway was closed following the appearance of a hole that needed urgent repair. The BA1402 shuttle did not enter the hold at MAN but diverted to LPL whilst en route.
Within a few minutes (5 - 10) of you landing at LPL both runways were operational again at MAN.

After you landed at LPL why did the captain need extra fuel before being able to hop the 30 miles to MAN. Only minimum fuel had been used on the journey from LHR with no holding. To add some context to BA's handling of the situation a comparison should be made with the Emirates EK19 A380 which entered the hold at MAN at about 18.50. After holding for around 15 - 20 mins it diverted to BHX and then returned to MAN landing at around 22.15. Passengers relatively happy to be at destination with a 3+ delay. Did BA take all reasonable measures to ensure passengers were not delayed?
Well possibly not compared to the EK flight who were at their destination by 22.15, over two hours earlier than the BA passengers.
The regs stipulate that to be exempted from paying compensation the airline must meet both limbs of the extraordinary circumstance (Wallentin) test. The first was met but the second limb says...

That party must establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able – unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time – to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

In this regard there are a few areas of doubt imo.

1)Did the aircraft carry sufficient fuel for holding.
2)Could the passengers have been transferred to MAN by coach in a more expeditious manner.
3)Was the right diversion airport chosen given that the runway at MAN was closed around 15 mins after BA1402 departed LHR or would a return to LHR have been a better option. Why divert to LPL which is not normally used by BA.
4)Problems refuelling at LPL are not an EC.

I’d ask for your claim to be passed to CEDR if BA turn you down, they can take a view on the above.
I was also on this flight and BA have just contacted me to deny the EU261 compensation.

In speaking with the agent, the log he read seems to stretch the truth, certainly about what was announced onboard. I felt like it had been doctored frankly.

They are admitting on the phone that the contract for fuel or lack of at LPL is a problem and that had it been a "BA airport" we'd have gotten to MAN. He told me that NATS made the call on where to divert 1402 which I have to admit, seems odd. Would they not look at fuel load etc and make a call? If it's diverted on route, wouldn't that open up East Midlands? (I've been on a diverted MAN there before and there is a cargo fuel contract I believe)

Looking at the comments from CWS, I also feel this is difficult now. I'll refer it and see where it goes.
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