Reply To: Are we entitled to claim for compensation? Grateful for guidance.

[JDB]

@timmyg the onus is on BA to prove ‘extraordinary circumstances’ existed if they choose to cite them in order to get out of paying compensation. However, it’s unlikely they will provide evidence to you so your only option if you think they are trying it on is to go to CEDR to whom they will have to provide evidence in order to win. Don’t go to MCOL in this situation because if they provide evidence, you’ll lose the case and your application fee.

Don’t rely on the fact that Storm Noa was on the Wednesday and the fact you landed smoothly from Nassau the day after the storm is proof of nothing. The storm was much worse than anticipated and caused significant ATC restrictions, go arounds and then diversions so many aircraft and crews were displaced such that the schedule was affected for several days and EC261 allows for this sort of disruption on previous rotations. I have no idea whether your flight was in fact affected by this, but is is quite possible.