FlyerTalk Forums - View Single Post - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Old Apr 25, 2018, 12:20 am
  #510  
craigdthomas
 
Join Date: Mar 2016
Programs: BA Gold
Posts: 60
Originally Posted by Tyzap
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.
Thanks for that.
The problem with the delay was the ill passenger never boarded the aircraft. The delay was in locating their baggage, which we all know is tagged and in a specific bin.All bins had to be off loaded and checked for the baggage. The flight desk updates confirm this. They were even trying to get permission to fly to LHR with the unlocated 1 bag out of 4. Don't know if that happened.
I would therefore think that the delay was caused by BA contractors not being able to locate something which they should be and should not be an extraordinary event.

I'll go back to BA and explain all this again and see what happens.

Cheers
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