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  • FIRST POST
    • MSE Megan F
    • By MSE Megan F 4th May 17, 5:03 PM
    • 81Posts
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    MSE Megan F
    Passengers less likely to be able to claim for bird strike flight delays
    • #1
    • 4th May 17, 5:03 PM
    Passengers less likely to be able to claim for bird strike flight delays 4th May 17 at 5:03 PM
    Passengers may not be able to claim compensation for a flight delay caused by a plane hitting a bird, after a European court ruled in favour of the airlines.:
    'Passengers less likely to be able to claim for bird strike flight delays after EU ruling'

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Page 1
    • richardw
    • By richardw 5th May 17, 8:23 AM
    • 17,757 Posts
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    richardw
    • #2
    • 5th May 17, 8:23 AM
    • #2
    • 5th May 17, 8:23 AM
    But aren't bird strikes "inherent in the normal exercise of the activity of the air carrier"?
    Posts are not advice and must not be relied upon.
    • Tyzap
    • By Tyzap 5th May 17, 10:54 AM
    • 782 Posts
    • 415 Thanks
    Tyzap
    • #3
    • 5th May 17, 10:54 AM
    • #3
    • 5th May 17, 10:54 AM
    But aren't bird strikes "inherent in the normal exercise of the activity of the air carrier"?
    Originally posted by richardw
    They may well be but this is what European Court said....(my bold)

    In the present case, a collision between an aircraft and a bird, as well as any damage caused by that collision, since they are not intrinsically linked to the operating system of the aircraft, are not by their nature or origin inherent in the normal exercise of the activity of the air carrier concerned and are outside its actual control. Accordingly, that collision must be classified as ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004.
    Please read Vaubans superb guide.
    • Vauban
    • By Vauban 5th May 17, 1:17 PM
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    Vauban
    • #4
    • 5th May 17, 1:17 PM
    • #4
    • 5th May 17, 1:17 PM
    But aren't bird strikes "inherent in the normal exercise of the activity of the air carrier"?
    Originally posted by richardw
    I've often thought the prospect of challenging weather was inherent in the operation of an airline, so never understood why weather was exempted - except it would have been manifestly unfair to do so. There is a bit of a flaw in the Wallentin test, to be honest, even if my sympathy for the airlines is limited.
    • boatman
    • By boatman 18th May 17, 6:19 AM
    • 3,246 Posts
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    boatman
    • #5
    • 18th May 17, 6:19 AM
    • #5
    • 18th May 17, 6:19 AM
    With regard to weather, if all the planes are 1 hour late and your flight is 4 hours late, is it still just 'weather'?
    Last edited by boatman; 18-05-2017 at 6:22 AM. Reason: hh
    • hanb
    • By hanb 22nd May 17, 4:34 PM
    • 430 Posts
    • 1,031 Thanks
    hanb
    • #6
    • 22nd May 17, 4:34 PM
    • #6
    • 22nd May 17, 4:34 PM
    I've just had an email saying that my claim can no longer be pursued after this ruling It had been on hold for ages. Shame, the £600 would have been lovely but there we go.
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