Passengers less likely to be able to claim for bird strike flight delays

Former_MSE_Megan_F

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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richardw

But aren't bird strikes "inherent in the normal exercise of the activity of the air carrier"?

Tyzap

richardw wrote: »

But aren't bird strikes "inherent in the normal exercise of the activity of the air carrier"?

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.

Vauban

richardw wrote: »

But aren't bird strikes "inherent in the normal exercise of the activity of the air carrier"?

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

With regard to weather, if all the planes are 1 hour late and your flight is 4 hours late, is it still just 'weather'?

hanb

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.