Originally Posted by
richardwft
What happens in diversion situations due to continuos bad weather ? Say a morning flight path is LHR-GIB-LHR and it’s a little windy at GIbralter and the flight is diverted to Malaga, should the aircraft generally wait for passengers to be transferred by road to Malaga or is it acceptable to return empty to LHR in such a situation?
Bad example, EC261 does not cover Gibraltar. But hypothetically, and maybe using SPU from DBV as a similar example, then if BA didn't wait or provide alternative travel then it could be on the hook for claims. This is an emerging area and I can't be totally sure about CEDR or MCOL would view this, but there is now quite a body of law which deals with this area. So for example when an bird strike caused a delay but then the airline required a particular engineer review the damage, leading to an extended delay, CJEU took the view that second stage was under the airline's control. Then there is a further debate to be had on the word "inherent" but that's for another post.