FlyerTalk Forums - View Single Post - The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
Old Jul 5, 2022, 9:32 am
  #1686  
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Originally Posted by Ells
Well, there was an ATC delay but the captain had confirmed that this was due to how late we were running (due to the technical issue at LHR) and had therefore lost our slot. The captain was also great with keeping us informed and at no point referenced weather, so I'm not sure how BA can now be using weather now as the reason...
ATC delays happen for many reasons, shortage of staff is a key one at the moment, but poor weather en route or nearby leads to ATC reducing flow rates or holding back slot times. Clearly if you think that without the technical issue there would have been no ATC led delays then you have a case, but you won't get BA to dig into that this side of CEDR or MCOL. If BA is able to argue persuasively that the delay was due to a combination of both factors then it's much harder to be successful with an EC261 claim.
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