BA kept us in the aircraft on the ground at the gate for greater than 4 hours on March 1....BA 163 departure time 835 pm, actual departure 130 am to Tel Aviv. Reason for delay was queue for de icing. We departed T5C so perhaps it was more comfortable on the flight than in the terminal. I viewed a couple of threads and noted a reference to a German Court decision accepting a de icing delay as compensation grounds and other who claimed with BA for other such delays being denied but receiving compensation when taking up the legal challenge. Delay was simply a lack of adequate de icing equipment but BA would have known that when we boarded....it was clear BA wanted us captive audience on board and were willing to pay the late night take off penalty but not deal with the passengers in my opinion.
��According to the Higher Regional Court of Brandenburg (19.11.2013, RRa 2014, 81), delay or cancellation of flights because the airport ran out of de‐icing liquids does not qualify as “extraordinary circumstances”. It would be an inherent part of the operational business of the airline.
��In the specific case, the airport company for De‐icing would be a legal person used by the airline to fulfil its obligations (Erfüllungsgehilfe). Therefore, fault of the airport company’s management to order enough de‐icing liquids would be attributable to the airline.
https://www.reiserecht-fuehrich.de/P...es%20final.pdf
