Airplane collusion with birds

Every year, more than 5,000 planes suffer significant damage following collisions with birds. An unfavorable situation for passengers wishing to obtain financial compensation for the inconvenience caused by a bird collision during their flight.

Indeed, even if according to European regulation EU261/2004, passengers are entitled to compensation for flight delays of more than three hours, or cancellations without notice. If these are caused by extraordinary circumstances, the airlines are not held responsible, and the bird collision is one, according to the European court.

 

Is the “Bird strike” an extraordinary circumstance ?

Since May 4, 2017, the Court of Justice of the European Union has clarified the situation in the event of a bird collision, to make it an extraordinary circumstance, which does not give right to compensation for delayed or canceled flights.

The passenger will therefore not receive compensation, unless the collision occurred on a previous flight. Or if the company cannot demonstrate that it has taken all reasonable measures to avoid it.

Cases eligible for compensation for Bird Strike :

According to European regulations, the passenger cannot receive compensation for a delayed or canceled flight, unless the company cannot demonstrate that it has taken all reasonable measures. Or that the collision occurred while the plane was rotating on another flight.

In addition to these two cases, the passenger can also claim compensation if their flight is delayed by 3 hours or more, due to a collision and other non-exempt circumstances, such as in the event of a technical breakdown of the plane, for example. example.

 

The amount of compensation :

According to European Regulation 261/2004, passengers who are victims of a flight cancellation or a 3-hour delay, caused by a bird collision, if eligible for compensation, they can receive the following amount:

  • €250 : for a canceled flight with a distance of up to 1500 km.
  • €400 : for the cancellation of a flight whose distance is between 1500 and 3500 km, or for any intra-community flight of more than 1500 km.
  • €600 : for a canceled flight with a distance greater than 3,500 km.

 

Access to other rights :

In addition to the financial compensation set by CE 261, there are other compensations which are entitled to passengers eligible for compensation following a bird collision, and whose flight is delayed or canceled:

Airport pick-up :

The airline is obliged to provide them with assistance, including: meals, drinks, 2 telephone calls or sending 2 emails free of charge, accommodation if the flight is postponed to the next day…

  • From 2 hours for flights of up to 1500 km.
  • From 3 hours for flights between 1500 and 3500 km, and for intra-community flights of more than 1500 km.
  • From 4 hours for flights over 3500 km.

Ticket refund and rerouting :

The company must give its passengers the choice, for any wait of 5 hours or more, between:

  • Refund of the original ticket price.
  • Alternative transportation by plane or other within a suitable time frame.
  • Alternative transportation at a later date (subject to availability).
  • A return flight to their place of departure as soon as possible.