Air Mauritius refusal 'Bird Strike'

gwarde

Just a quick update, the CAA have been working on this case for me and have sent this email with their conclusion. 

'During our investigation, we received information from Air Mauritius about the flight concerned, which we have considered in the light of the 'extraordinary circumstances' exception of UK Reg (EU) 261/2004.

It appears from the information provided that the airline cannot rely on the 'extraordinary circumstances' exception from the Regulation to refuse to pay compensation. It is our considered view that the airline has not demonstrated that this disruption was beyond their control, and have not taken appropriate measures to avoid and or minimise the disruption. As such, in our opinion, the disruption to your flight is of a type which means that the airline should pay compensation.

Our view on this case is based on the information provided to us, is not legally binding and only relates to the flight concerned. Currently, the airline maintains their position that extraordinary circumstances applies and they are refusing to pay compensation. However, we are not an ombudsman scheme and we are unable to impose a solution on an airline.'

So it appears that exceptional circumstances (bird strike) did not apply to this claim, but no reason given. 

Has anybody taken this to a court and had a success, or if I do go all the way, am I just wasting my time?

Westin

Are you prepared to employ legal counsel and issue legal proceedings in a Mauritius court of law?

gwarde

Westin said:

Are you prepared to employ legal counsel and issue legal proceedings in a Mauritius court of law?

I don't know. I am unsure whether or not this could be run through a UK court at a cost of £80, one of the questions on the online gov.uk site is 'does the company have a UK office address', they do in Brentford.

Just trying to pick peoples brains about the feasibility of this, I just find it frustrating that it appears there was no bird strike or if there was, they didn't do enough to remedy the situation and feel that they can glibly claim 'exceptional circumstances'.

mdann52

If they have a UK address, then generally speaking yes you can start court action under the UK jurisdiction, in this instance, as UK law applied to the departing flight

gwarde

Final update on this case. Following the CAA ruling that exceptional circumstances did not apply, I once again contacted Air Mauritius to reiterate my claim and highlighting the ruling (non-enforcable) by the CAA, as well as informing them of my decision to take the the airline to court. The airline finally agreed to pay the compensation claim in full (without prejudice), which I received today. So the motto of the story is, if you believe you are right and do not believe the reasons laid out by the airline, stick to your guns. The CAA were a great help and even though they cannot enforce payment, I have no doubt that their input had a bearing on the claim.