FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Dec 11, 2017, 8:08 am
  #1784  
corporate-wage-slave
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Originally Posted by stephem
I’ve spent my share of the last 36 hours in Heathrow and am now suffering the indignity of yet another delay as BA85 is now slated to leave a few hours late. I am a lwyer by trade and so a fan of deep noodling about causation. So I wanted to ask, at what point is a delay no longer attributable to the (small amount of) snow yesterday and instead due to BAs organizational incompetence? I’d love to claim the 300/600 for this delay and use it to cover part of the AUP to first. Any thoughts?
You would need to prove that the delay was avoidable by BA, or rather to deny your claim BA would have to prove that extraordinary circumstances applied. I don't rate your chances highly, but if it's an arguable case and you are OK to spend half a day in court pleading your case, you may get somewhere. I don't think it's the strongest case I've seen, however.
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