FlyerTalk Forums - View Single Post - The 2016 BA compensation thread: Your guide to Regulation 261/2004
Old Mar 18, 2016, 1:58 pm
  #232  
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Originally Posted by Nimrod1965
According to them I have no basis for a claim, is this correct? Thanks.
It's a grey area and can be argued both ways. Removing sick passengers is an inherent activity, and BA's rules regarding unaccompanied luggage are what they are. The bar is now quite high, birdstrike is no longer considered exceptional since that's also inherent. Personally I wouldn't bother with this, unless I had a massive sense of grievance, and a district judge may well be sympathetic to the airline, or may not be sympathetic. Given it's 4 minutes over, and assuming BA handled it as well as they could I'd let it rest, but you are liberty to take it further if you are so minded.

If this came up 3 years ago I doubt an English court would have found in your favour. Now I'm not so sure.
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