FlyerTalk Forums - View Single Post - The 2020 BA compensation thread: Your guide to Regulation EC261/2004
Old Jan 17, 2020, 11:28 am
  #77  
SXP302
 
Join Date: Dec 2019
Posts: 5
Originally Posted by taranty
Before getting into the detail of the delay, worth noting that when they say "fully outside our control, so we don't have to pay" they are playing fast and loose with what the test actually is. What they actually have to satisfy is "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken." A bit of a headwind for example is absolutely not an extraordinary circumstance, despite what they seem to be claiming here that adverse winds en route are enough to enable them to avoid having to pay.

The flight held for 10 minutes on the way into Heathrow, I've just checked that, so it would seem we can attribute 11 minutes delay to headwinds en route. The 11 mins due to headwinds is not an extraordinary circumstance.

The inbound hold for 10 mins, plus the 30 minute departure delay, means ATC cost you 40 mins. Here things become a lot less helpful from your perspective. ATC delays are automatically "exceptional" if "the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft". It seems legitimate that there was an ATC delay on the ground. The reason was likely the very same winds which delayed you enroute. You can tell from the ground speeds when in the hold as well as on approach that there was a very strong westerly wind. That reduces landing rates so ATC hold inbounds on the ground rather than everything departing as normal and ending up with the hundreds of aircraft merrily flying round in circles in various parts of the south east. Whilst here the weather itself isn't an extraordinary event, unfortunately once ATC start issuing instructions because of the weather it moves into the second limb of the test and becomes extraordinary by default.

I therefore suspect your only chance is if you missed the connection by less than ten minutes, so you can argue that even with the ATC delay you would have made the connection, and thus it was the additional en route delay of ten minutes due to headwinds (not an extraordinary event, because that was physics not ATC ordering you to slow down) which was ultimately the cause of the missed connection. Even if that's the case it feels like a long shot, and I'd not expect them to cave in without you needing to take it further.

Thanks for everyone's feedback and help.

Update:
BA responded back and denied the EC261 claim on grounds that " Your flight had a delay of 52 minutes which was caused due to Air Traffic Control restrictions being beyond our control. The required minimum connecting time at LHR for your connecting flight however is 90 minutes, which was clearly undercut due to the delay."
  • I looked up BA website and they have stated the required minimum connecting time of 90 mins for flights involving terminal changes
The 31 minutes due to ATC delay ended up cuting down the time between the two flights to 1 hour 19 mins.BA has added the other 21 minutes (weather-related) also under ATC restrictions.

BA's door appears well & truly shut.

Is CEDR or other means worth it?

Thanks for your time!
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