golfmad

Oh, Ok. I didn't read the post history

NickB

The concept of an "extraordinary circumstance" and that of an "event that cannot be avoided even if all reasonable measures have been taken" are not the same thing. In order to be exempted, you need to show both:
1) that the event constitutes an extraordinary circumstance, viz. something that is not inherent to the normal exercise of the activity; AND
2) that it could not be avoided even if all reasonable measures had been taken.

Showing 2) does not exempt you from have to show 1) or vice-versa. If something can be regarded as part of the normal events likely to occur routinely in the normal course of business and form part of the ordinary risks associated with the business, then it is most probably not an "extraordinary circumstance" whether or not you can prevent it.

golfmad

Do you feel that a bird strike falls into this category?

NickB

I think that there is room for argument. Occasional bird strikes are to be expected. Indeed, a lot of efforts is deployed to attempt to avoid them and it is not unexpected that, every now and then, an aircraft will suffer a bird strike.

However, my point was that just saying that something cannot be avoided by any reasonable measure does not in and of itself establish that this is an extraordinary circumstance.

golfmad

Yes, I understood your point. Was just interested in your view. Thanks.

mx2

I read Q3 of post 3, but still have a question about how to calculate the distance in case of flight delay compensation.

In my case, I had a one-way ticket from A-B-C (single booking, short layover in B), with a total distance of 1613 km.

Flight A was delayed, I missed the B-C connection and was instead rebooked to A-B-D-C, total distance 1902 km, total delay to point C 3.5 hours.

However, the non-stop distance from A-C is only 1472 km.

The airline is offering me €250 compensation. Is this correct since A-C nonstop is < 1500 km, or should it be €400 since the booked and flown distance was >1500 km?

Dave Noble

The amount due is based on distance from origin to destination and so the compensation for < 1500 Km is correct

springsdxb

With regards to Bird strikes, it now appears that BA will be paying up. A Manchester County Court ruling has just been passed in favour of passengers in this context. Telegraph article can be found here.

MM00LL2

My friend, husband & child flew LHR - DEN on 24th March. They have been offered €900 = 50% compensation but no clear explanation as to why. I'm wondering if anyone here might be able to enlighten?

Dave Noble

How long was the delay ? if it was between 3 and 4 hours, then EUR300 per person is correct at 50% ; if greater than 4 hours , it would be EUR600 per person that is due

MM00LL2

Flightaware suggested their flight arrived at 7:33pm. The scheduled arrival time was 3:25pm according to Flightaware. I guess BA use a different source.

But thanks for the info

scottishpoet

I was on the inaugural krk-lhr then on to gla, due to leave krk 16:00, lhr 17:30 dep lhr 18:55 arrive gla 20:15. We are all on the flight at 16:15 but there iż a paperwork problem so we miss our slot and get a del timme of 17:05. Unsurprisingly get into Heathrow having missed conformance and am booked instead onto the 20:45, due in gla at 22:00. We arrive at 22:26, 2 hrs and 11 minutes after my scheduled arrival time. Do I have a claim?

Dave Noble

If the aeroplane arrived at the gate and the door was opened 4+ hours late, then go back to BA and ask for the other EUR300 per person.

Dave Noble

3+ hours needed for a delay payout I believe

scottishpoet

Is that due to distance? How can I confirm if its <1500km or not?