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

Former_MSE_Megan_F · 4 May 2017 at 5:03PM

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 · 5 May 2017 at 8:23AM

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

Tyzap · 5 May 2017 at 10:54AM

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 · 5 May 2017 at 1:17PM

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 · 18 May 2017 at 6:19AM

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 · 22 May 2017 at 4:34PM

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.

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

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