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LHR-PRG via DRS, possibily due compensation?

LHR-PRG via DRS, possibily due compensation?

Old Jul 24, 2022, 5:51 am
  #1  
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LHR-PRG via DRS, possibily due compensation?

On 23/7/2022 I flew BA862 LHR-PRG and ended up arriving 4h42m later than scheduled. I'm not sure this is eligible for compensation, so I'll run the story by the hive mind and see what the consensus is

1. Flight was originally scheduled to depart LHR at 9:50 but was delayed and departed at 10:40
2. At 13:30 at what I would estimate to be a couple hundred meters from the ground, at most, PIC aborted the landing. I noticed it was raining as we climbed back up from the airport but there wasn't any turbulence. PIC announced that the weather caused the go-around. Didn't seem that bad but I'm not the one up front.
3. We circled for about 30m but the rain shower seemed to park itself above PRG so we diverted to DRS
4. We land at DRS at 14:21. This is when we go from annoying to outright silliness. BA didn't have the ability to pay for fuel, so we spent over 2 hours waiting until BA corporate sent the proper paperwork enabling the plane to be refueled
5. We depart DRS at 16:59 and arrive at PRG at 17:37

On one hand, the diversion was caused by weather. On the other hand, if we hadn't of left 50m late, we wouldn't have required a diversion and the 2.5 hour delay in DRS seems to have been avoidable

Thoughts?
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Old Jul 24, 2022, 5:55 am
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Can we just drop the proactive compensation seeking here?

The pilot, entrusted with the safety of everyone onboard due to his highly specialised training, decided a landing was unsafe. Your armchair piloting capabilities think that because of no turbulence, the captain was wrong.

Gosh.
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Old Jul 24, 2022, 8:18 am
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Originally Posted by SKT-DK
The pilot, entrusted with the safety of everyone onboard due to his highly specialised training, decided a landing was unsafe.
I absolutely agree with this, the delay will be classified as a weather delay and, personally, I see no other way of viewing it.

One cannot start to claim that a previous delay, even one not caused by exceptional circumstances, gave direct cause to a delay that will rightly be seen as being caused by exceptional circumstances and so is the true causative effect of the delay.

The delay with regards to fuelling is not necessarily all that surprising if it is an airport at which BA does not have a refuelling contract (I do not know if this is the case but is seems a reasonable supposition based on the events as described); what would the other options be save for BA to submit the correct paperwork, I dont think asking the pilot just to shove it on his credit card would be particularly fair, and this delay was purely the effect of a weather-related diversion and so remains an effect of the weather-related delay.

EU/UK261 gives the highest level of consumer protection for any group of airline passengers and where a delay is caused by factors under the airlines control and has caused genuine disruption and inconvenience, I agree people should be correctly compensated (although I abhor the compensation culture that seems to have been created as a result a well meaning legislation), but in this case I cannot see that this is anything other than a weather-related delay.
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Old Jul 24, 2022, 9:38 am
  #4  
 
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Originally Posted by Catbert10
On 23/7/2022 I flew BA862 LHR-PRG and ended up arriving 4h42m later than scheduled. I'm not sure this is eligible for compensation, so I'll run the story by the hive mind and see what the consensus is

1. Flight was originally scheduled to depart LHR at 9:50 but was delayed and departed at 10:40
2. At 13:30 at what I would estimate to be a couple hundred meters from the ground, at most, PIC aborted the landing. I noticed it was raining as we climbed back up from the airport but there wasn't any turbulence. PIC announced that the weather caused the go-around. Didn't seem that bad but I'm not the one up front.
3. We circled for about 30m but the rain shower seemed to park itself above PRG so we diverted to DRS
4. We land at DRS at 14:21. This is when we go from annoying to outright silliness. BA didn't have the ability to pay for fuel, so we spent over 2 hours waiting until BA corporate sent the proper paperwork enabling the plane to be refueled
5. We depart DRS at 16:59 and arrive at PRG at 17:37

On one hand, the diversion was caused by weather. On the other hand, if we hadn't of left 50m late, we wouldn't have required a diversion and the 2.5 hour delay in DRS seems to have been avoidable

Thoughts?
what makes you think you would have been able to land rather than divert if you took off earlier?

I have In the past circled for 40 minutes, then made 2 approaches before a decision to divert.

from what you have written you have a pretty standard weather delay. Based on what you have written I doubt you would be succesful with any eu261 claim
SKT-DK, wrp96, athome and 1 others like this.
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Old Jul 24, 2022, 10:59 am
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If your delay was more than the hours set for this flight in EC261 before the diversion you might have a case. If the compensation delay includes the diversion you would not be entitled to the compensation. BA diverted to an airport where they do not have a fuel agreement, not the greatest from an operational excellence pov but also not mandated by regulation. The diversion was still caused by weather and BA got you to your destination.

Globalist
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Old Jul 24, 2022, 11:17 am
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Originally Posted by SKT-DK
Can we just drop the proactive compensation seeking here?

The pilot, entrusted with the safety of everyone onboard due to his highly specialised training, decided a landing was unsafe. Your armchair piloting capabilities think that because of no turbulence, the captain was wrong.

Gosh….
So, suppose the OP can show that, but for the ground delay at LHR of 50 minutes, they would more like than not arrived on time? In other words, the storm and credit card issues would never have arisen if they were ready to leave LHR on time?

Then what? Is there redress under Consumer Rights Act (for not providing the service with reasonable care and skill for the LHR delay element, and perhaps the credit card element) and/or EC261?
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Old Jul 24, 2022, 11:22 am
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Originally Posted by cauchy
So, suppose the OP can show that, but for the ground delay at LHR of 50 minutes, they would more like than not arrived on time? In other words, the storm and credit card issues would never have arisen if they were ready to leave LHR on time?

Then what? Is there redress under Consumer Rights Act (for not providing the service with reasonable care and skill for the LHR delay element, and perhaps the credit card element) and/or EC261?
No

This is the same question the op asked
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Old Jul 24, 2022, 11:24 am
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Originally Posted by scottishpoet
No
It would be helpful for the OP if you said why. We need the definition of causation for EC261 and the Consumer Rights Act.
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Old Jul 24, 2022, 11:25 am
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Originally Posted by cauchy
It would be helpful for the OP if you said why.
the previous posts already explain that. Its the same question the op asked
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