FlyerTalk Forums - View Single Post - FAQ : Reason for flight delay or cancellation

Jun 7, 2024 | 2:29 am

#1320

DiveGirl23

Join Date: May 2024

Posts: 7

Quote:

Originally Posted by Sigwx

2158 is all reactionary delay. The outbound BA2159 on the LGW-UVF had quite the carcophany of events which delayed it when the late running of the inbound aircraft meant it should only have been around 17 minutes late out of LGW. It involved an O2 cylinder falling and hitting a passenger on the head and them subsequently being taken to hospital I believe as they were offloaded (hope they are ok) and a tech issue on top of that too.

Hi
I was on this flight and BA has refused compensation stating
"As your flight was delayed due to delayed due to medical emergency. There was a medical emergency before your flight, which meant it was delayed, it means you’re not eligible for compensation. Article 5.3 of the EU Regulation 261/2004 and The Air Passenger Rights and Air Travel Organisers’ Licencing (Amendment) (EU Exit) Regulations 2019 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken"
In my view the delay was due to an oxygen tank falling on a passengers head. If reasonable measures had been taken when stowing and securing the tank, it would not had fallen on the passenger and the delays would not have ensued.
BA are no longer responding to me.
I would really appreciate your advice on my compensation claim as the flight was delay in excess of 5hrs.
Many thanks