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Hi I have only just joined but wonder if anyone can help
I was on flight BA93 on 18 September 2023 LHR to Toronto. We were delayed 4 hours and BA have refused us compensation.
We had all boarded the plane and were expecting to take off however after about 15 minutes the Pilot announced a delay due to a missing passenger.
An hour later he announced the passenger would not be joining us and the luggage would need to be offloaded.
This took another hour!
After the luggage was offloaded another hour passed while the farce of finding the correct sized tug to pull us back was acted out.
I know all this as the Pilot kept us informed throughout and we witnessed the goings on through the window
On return I put in a claim and it has been refused by BA stating the delay was down to ATC!
They are blatantly lying or the Pilot was and I know who I am inclined to believe.
I have tried twice and been refused both times.
How do i proceed now and is it possible to find out if ATC delayed this flight ?
Many thanks in anticipationI’m sure that the experts on this site will be along shortly to give more details, but in summary: if BA have said it is their final answer or 8 weeks have passed, you can make a claim to the adjudicator – which is CEDR for BA. It may be worth asking if it is their final answer anyway, indicating that you will proceed to adjudication – they seem to hope that people will just give up at this stage…
Hi. I had a look at the FlyerTalk thread on BA delays and cancellations and your flight is not listed for the date in question.
There were several cancellations that day due to bad weather which affected both arrivals and departures so it is possible that your flight was partially delayed departing as a result of application of HADACAB – Heathrow ATM Demand and Capacity Balancing. In other words ATC restrictions may have contributed to the delay in departing.
Looking also at Flightaware apparently your flight was delayed departing by 3hrs38mins but it picked up a further delay en-route and landed 3hrs58mins late so would most likely have arrived at the gate for doors open over 4 hours late which should be eligible for compensation but it’s not a clear cut case.
I think you are going to have to go to CEDR to pursue your case.
As above, you will need to go to CEDR to get this resolved. In your submissions, whatever you do, don’t use expressions like ‘blatantly lying’ as it doesn’t assist your case in any way and will put the adjudicator’s back up.
The reality in this case and many similar ones is that delays often have multiple causes, so it is eminently possible that what the pilot told you was correct and that BA’s response is also correct. When the timing is so close to four hours, BA may be able to attribute sufficient time to get the delay under four hours such that you would only get half or under three so that nothing is payable. It will depend on the evidence BA produces, but don’t spend the money quite yet.
Many thanks for your replies. I will contact CEDR and see where it goes from there.
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