Accidents have unpredictable nature and damages occurred are out of the air carrier control
by Emanuele Bonini
Mind the birds. Like in one of the most famous Alfred Hitchcock's movies, the Birds, winged animals can be dangerous and harmful, especially for your pocket. Because of them, you can miss your flight, your journey and your money. According to the the European Court of Justice, delays lasting more than three hours can't be refundable in case of technical problems due to birds. Although bird strikes are episodes not so rare to happen, for the EU judiciary body such events can't be foreseen and not even predicted. That means air carrier are exempted from refunding passengers for their tickets. The EU legislation foresee that air passengers have the right to be reimbursed every time occurs a delay of more than three hours. This happens even in case of technical problems, but not if these are produced of birds got into the plane engine.
There is not only the unpredictable and exceptional nature of bird strikes to "save" air carriers from their repayment obligations. The ECJ ruled that the problems of caused by these accidents to the plane are out of control of the company and its personnel. This the reason why the Court decided to reject the appeal submitted by two European citizens who experienced a five hours delay flight in 2013. Birds are out there, so pay attention. Or simply be ready to pay.
Mind the birds. Like in one of the most famous Alfred Hitchcock's movies, the Birds, winged animals can be dangerous and harmful, especially for your pocket. Because of them, you can miss your flight, your journey and your money. According to the the European Court of Justice, delays lasting more than three hours can't be refundable in case of technical problems due to birds. Although bird strikes are episodes not so rare to happen, for the EU judiciary body such events can't be foreseen and not even predicted. That means air carrier are exempted from refunding passengers for their tickets. The EU legislation foresee that air passengers have the right to be reimbursed every time occurs a delay of more than three hours. This happens even in case of technical problems, but not if these are produced of birds got into the plane engine.
There is not only the unpredictable and exceptional nature of bird strikes to "save" air carriers from their repayment obligations. The ECJ ruled that the problems of caused by these accidents to the plane are out of control of the company and its personnel. This the reason why the Court decided to reject the appeal submitted by two European citizens who experienced a five hours delay flight in 2013. Birds are out there, so pay attention. Or simply be ready to pay.
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