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Bird strikes

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Very bad news from the European Court of Justice which has today determined that bird strikes are "extraordinary circumstances and therefore so not warrant compensation if the flight is delayed" The case arose from a flight from Bulgaria to the Czech Republic in 2013, the judgement states:

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.

The case reference is Marcela Peškov! and Jiř! Peška v Travel Service a.s.case number C315-15 should you wish to look further

Comments

  • jackieblack
    jackieblack Posts: 10,492 Forumite
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    Maybe worth getting this thread merged with this one https://forums.moneysavingexpert.com/discussion/5644295
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  • Silvertabby
    Silvertabby Posts: 10,088 Forumite
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    Personally, if I had been on an aircraft that had been subject to a bird strike, I'd just be grateful to have survived - compo would be the last thing on my mind !
  • JPears
    JPears Posts: 5,111 Forumite
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    Most bird strikes, if a single bird, cause little damage if any. Turbofans are effectively a massive ultrafast shredder made of super tough materials. And if the bird goes in the middle, thru the jet part also well vapourised.
    The problem occurs if several go in at the same time, far more potential for damage.
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  • Alan_Bowen
    Alan_Bowen Posts: 4,910 Forumite
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    As the film 'Sully' shows a flock of birds can cause irreparable damage and the plane lands in the Hudson, which could have ended as the Titanic did were it not for the skill of the pilots
  • London50
    London50 Posts: 1,850 Forumite
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    I have had it twice over the last 15 years both times just after taking off from Gatwick. Each time it was only a single seabird and apart from a "wonderful" smell of cooking bird and a few hours back at the airport while they removed the few bits left and checked for any engine damage while we all still sat on the aircraft it did not impact on the flight to the destination in any way. :0)
  • bagand96
    bagand96 Posts: 6,524 Forumite
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    Interesting ruling, given that a few years back a UK court decides the opposite against Thomas Cook.

    I guess at some point though you do need to draw the line at what an airline can and cannot be held responsible for, and to be honest I'm not sure you can blame them for hitting a bird.
  • molerat
    molerat Posts: 34,492 Forumite
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    edited 9 May 2017 at 3:39PM
    A common sense decision from the ECJ. Compo culture is getting out of hand. I have seen lots of things that can be blamed on someone but a bird strike is not one of them. Many a happy hour spent picking cooked seagull bits out of a completely trashed jet engine, a smell never forgotten. Cleaning them out of the cockpit is even more fun.
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