FlyerTalk Forums - View Single Post - The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Old Dec 1, 2019 | 11:02 am
  #1558  
tjcxx
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I was on BA173 from LHR to JFK on Nov. 26. We were delayed over 6 hours, and I submitted a claim to BA through the web form. The response was to deny the claim, stating that the flight was delayed for this reason "Adverse weather conditions in Denver causing travel chaos. Due to the weather conditions Air Traffic Control imposed restrictions on the number of flights that could arrive. Although some flights were able to operate as normal, your flight was one of those we had to delay." They also quoted paragraphs about Heathrow's protocol in poor visibility and strong winds.

The actual facts, as I have them, were:-
- BA173 scheduled time of departure -- 11.25
- At check in, informed of delay to 12.15 due to late inbound a/c
- Inbound a/c was G-CIVH, arriving from ORD at 09.05, 2.15 hrs. late.
- Boarded a/c at about 11.30
- at about 12.00 captain made announcement that we would be further delayed because he was informed the a/c had suffered a lightning strike and would require inspection.
- at about 12.30 captain updated us that the inspection would take "hours", we will deboard, and BA would find alternative arrangements for us.
- we deplaned at about 13.00, being told another aircraft would be brought from the "other side of the airport" and new departure time 16.15.
- while in the lounge, watched 16.15 go in steps to 17.45.
- at about 16.30 I saw G-CIVS towed into the new gate. G-CIVS had arrived at LHR earlier, from LAX, on time.
- new crew (from stand-by) showed up at 16.45, and we boarded about 17.30. Flight departed about 18.15, and took off at 18.45. This final delay was catering.
- flight landed at 20.30 at JFK, arriving about 20.45, which is 6.20 hrs late to scheduled time of 14.25

BA's response seems to me that they haven't looked up what actually happened to BA173 at all.

So, my question is, Would the lightning strike on the incoming aircraft that caused this whole delay event be classed as weather-related, or is it a mechanical problem, in which case my claim should succeed. If so, I'll reply to restate the claim, giving them the information I have.

Last edited by tjcxx; Dec 1, 2019 at 1:15 pm
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