EU Comp – Is this a weather delay?

[safetycard]

A flight I had from DFW to LHR was delayed by 6 hours because the incoming aircraft had to divert to Chicago to refuel due to the runways at DFW being shut by a thunderstorm.

Would this mean I’m ineligible for the EU Compensation? I would say a thunderstorm doesn’t count as a freak weather occurrence, and the fact that the runways at DFW are regularly closed due to thunder then reopened would back me up. Therefore of course I’d say, BA should’ve put enough fuel in the plane to last a potential holding pattern due to weather on arrival. But not sure what the official standing is on it,.

[Richie]

How long do you think the aircraft would’ve needed to be in a holding pattern for?

[safetycard]

Good question, I would say the runways closed for about an hour, probably a little less.

[SamG]

No chance I’d say, even when they opened back up they wouldn’t have necessarily been cleared for landing straight away so they’d have needed to carry hours worth of fuel, just wouldn’t happen

[SteveR]

Weather is exceptional circumstances

[Lady London]

SteveR wrote:

Weather is exceptional circumstances

No it’s not.

Weather is only exceptional circumstances if the weather problem is directly with your flight.

Problems with incoming aircraft, be they weather, burst tyre on the runway, damaged runway at the incoming flight’s airport of departure, staff shortages or reporting sick (that last one’s not exceptional circs even on your own flight), any of these affecting the incoming flight may be exceptional circumstance for that incoming flight, but as they occurred on the incoming flight they do *not* count as exceptional circa for your flight.

The legislation expects airlines to have backup staff and aircraft available as part of their responsibilities, even at outstations.

[JDB]

Lady London wrote:

SteveR wrote:

Weather is exceptional circumstances

No it’s not.

Weather is only exceptional circumstances if the weather problem is directly with your flight.

Problems with incoming aircraft, be they weather, burst tyre on the runway, damaged runway at the incoming flight’s airport of departure, staff shortages or reporting sick (that last one’s not exceptional circs even on your own flight), any of these affecting the incoming flight may be exceptional circumstance for that incoming flight, but as they occurred on the incoming flight they do *not* count as exceptional circa for your flight.

The legislation expects airlines to have backup staff and aircraft available as part of their responsibilities, even at outstations.

This isn’t strictly correct and ‘extraordinary circumstances’ affecting an inbound aircraft can often apply to the next flight. When weather causes ATC restrictions it applies to other rotations of that aircraft per Recital 15. In this instance the runway at DFW was, per the OP, closed for about an hour.

You state:- “The legislation expects airlines to have backup staff and aircraft available as part of their responsibilities, even at outstations.” Please can you advise where the legislation says this in respect of the circumstances of the actual question posed above. If people are going to make claims based on your advice, you need to provide them with the supporting facts.

[Lady London]

1 hour of no takeoffs being allowed would be fine JDB. Particularly as it was a long haul flight so no compo due unless it landed at least 4-5 hours late. And much from the US arrives earlier than scheduled anyway due to the direction winds run. So BA had plenty, plenty of leeway to be late without paying compensation. But even those big limits of hours late landing tbey broke, becauae operationally they were not prepared.

IMV the easy way is to ask the question : Did BA have an aircraft ready to depart at DFW, at the scheduled time, or not? No they didn’t, and the closure period was only 1 hour and that reason for closure is a frequent occurrence usually of around that length. As compared with tbe 4 hours they are allowed to land late anyway, as above before any compensation is due, and with tbe benefit of Atlantic following winds to reduce their delay. No, BA should have had a plane ready or booked passengers onto other airlines eg AA or even others. They failed operationally to provision for the passenger’s flight.