FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old Nov 3, 2017, 1:39 am
  #1641  
corporate-wage-slave
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,769
Originally Posted by golfmad
I know that ordinarily a bird strike on one's own sector is deemed to be out of the control of the airline but from reading a corresponding thread on the AA forum it sounds like this excuse is negated if it would be reasonable to expect the airline to have another aircraft available for use as a replacement.
That's pretty much correct. My reading of recent cases is that bird strike can sometimes be deemed extraordinary circumstances on the flight in question, but the way an airline recovers from extraordinary circumstances such as bird strike is very much open to challenge. I don't think bird strike inbound to LGW, LCY or LHR gives BA a free card to get out of their responsibilities for departing passengers, and a case could be made from other airports too (JFK?) in terms of effective management of the problem. Moreover if it is a 50/50 argument, then the over riding provision of EC261 is passenger protection.
corporate-wage-slave is online now