FlyerTalk Forums - View Single Post - The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Old Dec 1, 2019 | 12:56 pm
  #1559  
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Originally Posted by tjcxx
So, my question is, Would the lightning strike on the incoming aircraft cause this whole delay event to 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.
Bird strike is considered Exceptional Circumstances and so lightning strike may well be in this category or indeed weather. But that doesn't exempt BA from the "all reasonable measures" aspect of EC261. In other words did they do everything they could to get you to NYC quickly, and judging from the sounds of it that wasn't the case, particularly if they had to change crew over.

Personally I would point out that they have possibly got the wrong flight information here, and invite them to confirm whether their answer will or will not change. Keep it short. If BA's answer will not change then go CEDR and spell out the circumstances as above.

As mentioned upthread, it's sometimes best to hold off a few days before submitting a claim, however ask in here for the dispatch information as soon as you can.
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