FlyerTalk Forums - View Single Post - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Old Aug 13, 2018, 2:12 am
  #1129  
AdBoy
 
Join Date: Jul 2008
Location: London
Programs: BA GGL & CCR, GFL
Posts: 495
Originally Posted by leshark
Evening All,

My recent flight to from LGW to DLM was delayed by 3.5 hours as the plane allocated for the flight was out of position due to adverse weather in Amsterdam the previous day. I filed an EC/261 compensation claim as I believed airlines cannot claim extraordinary circumstances when planes are out of position and I don't believe there were any ATC restrictions at LGW the day of my flight. BA have rejected my claim for the following reason:

"Thanks for your recent email. I understand how disappointed you must have been when your flight to Dalaman was delayed, it must have disrupted your plans. Please accept our apologies.

Your claim for compensation has been refused because BA2562 on 28 July was delayed due to operational circumstances outside of our control. The aircraft due to operate your flight had been held up in Amsterdam the previous day due to adverse weather. Unfortunately even after the flight departed the delay was extended further due to Air Traffic Control restrictions. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case.

Thanks again for getting in touch with us. We value your support as a Gold member of our Executive Club. I hope you enjoy your flight with us on 11 August. Please feel free to contact me directly using the blue link below if I can help you with anything else."

I'm not fully up-to-speed on the meaning of delay codes on Expert Flyer but I believe the flight would be annotated as ZW if it was weather related:



I believe ZY means rotational delay (i.e. the previous service delayed the availability of the aircraft.) and ZO is Operation (less of an idea what this could cover). Are BA fobbing me off or have I misinterpreted the entitlement?

Thanks
I recently took EZY to MCOL about something similar. Our aircraft was out of position thanks to weather earlier in the day elsewhere on their network.

They settled on the final day of the process for the full compensation due.

Am am happy to DM my correspondence letter and the judge’s searching questions to EZY if that’s useful to others.
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