Plane Delay Compensation & Emirates
Plane delay compensation against Emirates (and other airlines) are not able to use a “bird strikes” at Airports as a complete legal defence to a plane delay claim for compensation.
In a recent Judgement this year, the Court held that a bird strike which caused a flight delay of more than 3 hours could was not an excuse the Airlines could use to defeat a plane delay compensation claim to passengers who were aggrieved by the delays.
Bird Strike and Plane Delay Claims
The Court was of the view that bird strikes at airports are an everyday occurrence and could not be deemed as an extraordinary circumstance to avoid paying out plane delay compensation. In fact bird strikes are so common that Manchester Airport use a hawk to reduce the number of birds that can cause delays.
The analogy used by the Judge was that a car accident on a motorway between two cars was unusual but not extraordinary. However where a collision between a car and say a horse happened, then this would be extraordinary.
The Judge dismissed the Defence by the Airline Company and awarded plane delay compensation to the family that was affected by the plane delay. The family who took the case to court against the Airline (here it was not a plane delay claim against Emirates but Thomas Cook) considered that some justice had been done as his son was disabled and the journey was expressed to be an “arduous experience” that could have been avoided.
Exceptional Circumstances Causing Plane Delays
Exceptional circumstances that Emirates can use as a defence to a flight delay claim are where the delay was caused by extreme weather conditions such as severe snow, and storms, war or strikes by air traffic control etc.
Making a Plane Delay Compensation Claim – Emirates.
If you have experienced a plane delay within the last 6 years of 3 hours or more, you may be entitled to plane delay compensation against Emirates. Please contact us now to make a claim or complete the online form now and we will advise you if you have a flight delay claim.
For more information, please click the following links:
• Plane Delay Compensation Claims
• Plane Delay Compensation Claim Form – Emirates