Originally Posted by
craigdthomas
Just an update, I've just had BA on the phone stating that my claim is not valid as a medical emergency and off loading bags is an extraordinary event and not eligible for time delay. Therefore the portion of time that is eligible is only 175 mins and therefore no compensation.
Any help in how to proceed would be greatly appreciated.
I see this slightly differently.
A medical emergency is an EC, and because checked baggage is not allowed to fly without the pax, the decision to off load is not within the control of the airline.
I believe that you need to separate the two events. Take any delay time caused by the medical emergency out of the equation. If you could show, that had the aircraft departed immediately following the medical emergency you would have still arrived in time to catch your original connection, it would mean that the delay was caused by the tec fault delay. BA have obviously allocated 35mins of the delay to the medical emergency and the resultant baggage off load.
BA are suggesting that the tec fault delayed you by 175mins, but that was upon the arrival at LHR, not your final destination where the delay clock stops.
There seems no doubt that you are due compensation so you could try CEDR but I would have more faith in MCOL given that it may be the only way of obtaining accurate timings. First tho I would go back to BA with a reasoned argument along these lines.
See also recent posts about ACARS.