Delayed Flight - "Exceptional Circumstances" 25 February 2022 at 12:48PM in Flight delay compensation 20 replies 441 views

PatMaguire

Apologies if this question has already been answered – if so please point me in the right direction.

We were delayed 10+ hours on a 10 hour+ BA flight from SJO to LGK. The reason given (both on the flight and later) was that a pilot had been injured (leg injury while out jogging) between flights and because the plane needed 3 pilots this delayed the flight.

BA provided a hotel at SJO end + meal and have accepted a claim for a hotel at Gatwick end (arriving 10.40pm made onward journey impracticable).

However, BA has refused to pay the delay compensation on the grounds that it is covered by “Exceptional Circumstances”.

Having search on the internet all I have found so far is various “claims” firms claiming that staff/crew ill health is not an “Exceptional Circumstance”. Some claim this has been established through legal precedents but (understandably) don’t provide a link.

So, can anybody provide any info on whether this is covered by “Exceptional Circumstances” or point me in the right direction to find this out please? Thanks in anticipation.

Westin

I don't think BA can be expected to have reserve flight deck crew on permanent stand-by in far flung places like Costa Rica.  Unfortunate that one of the crew was injured and could not operate the flight and that you experienced a 10+hr delay. Glad however that BA looked after you during the delay and paid out for your Gatwick hotel.  I'd probably put it down to one of those things and leave it at that.

garlieston

Crewing is their responsibility ,basically they were short of crew which is not an exceptional circumstance ,if the pilot took ill or was injured while on the aircraft that would probably be covered as exceptional ,the pilot or should i say A pilot was injured off duty so a legitimate claim for delay .
Location of airport irrelevent ,nothing in the regulations to differentiate between airports 

Westin

I don’t disagree that the crewing of the aircraft is down to BA, but these sorts of odd and exceptional issues with illness and injury down route can and do occur. Airlines can’t hold spare crews at each and every outlaying airport. The cost to do so would be so great that you and I would probably never be able to afford to fly.

garlieston

BA fly to Costa Rica daily so having some redundancy of crew would not be out of the way, its down to them to keep their backs covered 

Westin

garlieston said:

BA fly to Costa Rica daily so having some redundancy of crew would not be out of the way, its down to them to keep their backs covered 

No they don’t. 

The_Fat_Controller

BA have crew members on standby at home for this type of exceptional circumstances, however expecting them to be on standby at an overseas destination is ridiculous.

I think BA have fulfilled all their obligations in this case.

garlieston

Westin said:

garlieston said:

BA fly to Costa Rica daily so having some redundancy of crew would not be out of the way, its down to them to keep their backs covered 

No they don’t. 

according to their flight schedules they do

Thrugelmir

garlieston said:

BA fly to Costa Rica daily so having some redundancy of crew would not be out of the way, its down to them to keep their backs covered 

Conspiracy theories add no value to a sensible discussion. 

garlieston

The_Fat_Controller said:

BA have crew members on standby at home for this type of exceptional circumstances, however expecting them to be on standby at an overseas destination is ridiculous.

I think BA have fulfilled all their obligations in this case.

It's not an exceptional circumstance, an employee of BA got injured in their own time ,please point to the bit in the regulations where this is covered ,also where is the list that shows for each airline at which airports they can claim shortage of flight crew as an exceptional circumstance

Westin

garlieston said:

Westin said:

garlieston said:

BA fly to Costa Rica daily so having some redundancy of crew would not be out of the way, its down to them to keep their backs covered 

No they don’t. 

according to their flight schedules they do

Check again.  Currently 3x weekly LGW SJO.  These operate on a B777. What you are seeing will be indirect flights, likely via MIA then an onward AA connection.