Old Aug 28, 18, 8:52 am
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Originally Posted by WorldClub View Post
I have a question for the experts on here, I had an European flight from LHR and that flight was originally delayed by a mechanical effect, missing our slot etc and resulting in some delays however not enough for the compensation. After the initial technical delay bad weather came up and we were further delayed over the 3 hour limit. I reason that due to the technical delay we hit the bad weather and hence it is BA's fault, BA is reasoning that they are not liable (of course). Does anyone know there were cases with similar circumstances?
To the best of my understanding, BA does indeed take an entirely linear approach to this. So a delay of 4 hours where 2 hours is technical and 2 hours weather is not going to get BA to pay up. The argument that delay causes overlap is not one that has worked yet, as far as I know, at senior court level. The best I can think of is that there is a CJEU ruling that says even if there is extraordinary circumstances, airlines are still responsible to do what they can to mitigate the impact. But I think this is too far of a stretch to cover your circumstances. And at the end of the day, had there been no bad weather, you wouldn't have the basis for a claim.
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