Originally Posted by
Sigwx
BA135 will be claimable. There was a last minute aircraft swap from G-ZBJJ to G-ZBJK due to a tech issue with a recirc fan on BJJ.
The allocation of delay causes is as follows;
40 minutes due NO GATE/STD AVAILABLE DUE TO OWN AIRLINE ACTIVITY
1:40 due to DEPARTURE STATION WEATHER
19 minutes due LATE ALLOCATION OF LOADING TEAM RESOURCE
1:09 due WATER / TOILET SERVICING.POST DOORS CLOSED
There was also a note that terminal control wanted a 40 min delay applying, I’m assuming to accommodate connections.
BA135 departed at 1933 vs 1625 and arrived on stand at 0425 GMT vs 0120 GMT. As this is over 3 hours and BA controlled delays were indeed the majority vs the weather I’d certainly claim. CEDR may well require involvement but 2:08 are directly in BA’s hands and otherwise you’d have arrived comfortably inside of the 3 hour threshold required by UK261 regulation.
I’m not a lawyer but I’m not sure that salami slicing the delay to different reasons is in keeping with the stated aim of the legislation to apply a high degree of consumer protection. Yes, some delays are due to a combination of reasons, but to say that a 3:01 delay due to 2 minutes of non-countable reasons and 2:59 of countable reasons (extreme example, I admit) wouldn’t be subject to compensation seems not to be in keeping with the spirit of the legislation.
This is doubly odd when looked at in the context of a small delay on a short haul connection leading to a missed long haul connection and causing liability for the long haul rate of compensation.