BA have twice refused to compensate for my delayed flight because they reckon it was due to adverse weather.

What happened was that the cargo door would not close/lock on the aircraft, which had over-nighted, due to what they claim was very cold temperatures (-5). Engineers were called to try to heat the mechanism to free it up.

This was unsuccessful, so we were eventually taken back into T5 and after a while,onto another aircraft. The result was a 3 hour plus delay to arrival.

I have told them that I believe that the delay was caused by a technical fault since Airbus aircraft are certified to operate in much colder temperatures without issue and also that surely more of their aircraft would have been suffering with the same characteristics, which I'm not aware of.

What do you guys think? Should I leave it there, or persue this further?

Some FT'ers may get offended :D ...

Minus 5 celsius doesn't strike me as that cold, and some airports even in Europe would struggle to get above that temperature on a typical winter's day. On the other hand it's the first time I've heard that specific excuse before. I guess the other factor is whether BA could reasonably have got you swapped at their home base faster than a 3 hour plus delay implied, or indeed sorted out the door. It sounds like BA aren't prepared to budge internally on this one, so it's more of a question whether you are prepared to take this to CEDR or MCOL? I'm not sure which would be best, but CEDR is more user-friendly than the court system.

:eek: Sorry!

Thanks C-W-S. It seems clear-cut to me and I will consider the options you mention.

I wouldn't worry too much, many people, including my sister, use the term in a non gender specific manner.

As for your issue, I agree with CWS, but I suspect MCOL may be needed.

Flight cancelled- rerouting leaving/arriving 5h EARLIEr
 

Depends what the reason is. However, if it's because of this https://www.flyertalk.com/forum/brit...-affected.html then no you won't get compensation, but duty of care still applies.

The automated rebooking process is perhaps better than nothing but it takes no account of your personal circumstances. It's quite OK to ring up and rebook to another time - or if you are lucky, persuade BA.com to rebook. You can also have a full refund if that's a better option, or shift to another service (e.g. Orly to LCY for example).

Mixed Fleet strike - cancellation
 

Further update on my MCOL claim.
Now BA have sent a DQ
a) refusing mediation service
b) Uxbridge County court as their preference

What are the chances the hearing taking place in Uxbridge?

High I would say. You may get offered an out of court settlement just before the hearing, but otherwise you will have to assume that you will have your day in court.

Question that would appreciate advice on before opening a CEDR dispute. The flight details were:

• Route: LHR-LPA
• Date: 02 March 2018
• Expected Dep: 10:20
• Actual Dep: 15:36
• Expected Arrival: 14:45
• Actual Arrival: 20:22

The gate was called by 10:00am and the plane was on the tarmac but was repeatedly delayed until a crew was scheduled. The delay was not due to weather over this period but was due to crewing issues.

The response I received initially and in follow up from BA denying the claim:
“We've reviewed your claim and I'm afraid your claim has been refused. This is because your flight was delayed due to a crew shortage and adverse weather, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that couldn’t have been avoided even if all reasonable measures had been taken. This means you’re not entitled to compensation under the EU Regulation for your delayed flight.”

I think BA is incorrect in refusing this claim as I am pretty sure this is a feeble denial to compensation as BA crew rostering was within its control to better manage the delays. Would this be a correct interpretation?

This was in the middle of #Beast 1.0 so there certainly was bad weather around at the time. There is a general and fairly broad exemption for bad weather in the Regulation and I doubt BA would be paying much EC261 Article 7 compensation on that particular day. Your argument is presumably that the weather had little or nothing to do with your delay and in that respect you will need to convince CEDR rather than anyone else. In the case of MCOL the emphasis is the other way around, it would be up to BA to prove the delay was caused by "meteorological conditions incompatible with the operation of the flight concerned", or alternatively extraordinary circumstance. It's the sort of thing where all you can do is play out your arguments and let the adjudicator or judge decide.

I would have thought BA rather weakens their argument using crew shortage just after the bought the Monarch slots. It could be argued it was irresponsible of them to buy the slots when they knew they had insufficient crew to operate. However no doubt the superior knowledge of Tobius-uk and c-w-s will be able to provide some clarity.