HomeAir LineRyanair must compensate a customer for a plane that collided with a...

Ryanair must compensate a customer for a plane that collided with a bird

“The impact of a bird on an aircraft is not a cause of force majeure and must be compensable.” This is how forceful the Court of First Instance number 1 of Barakaldo (Vizcaya) has ruled in response to a complaint filed by a passenger against Ryanair after suffering a delay in his departure for this reason.

The case refers to a flight from Santander and Manchester carried by Reclamador.es. This suffered a delay of more than three hours because on the previous journey the aircraft had an incident with a bird.

For the magistrates, the airline must take into account these situations and provide other aircraft or have engineers who can solve the problem in a short period of time. In addition, the affected person will be compensated with 250 euros as the right to compensation for the delay in their departure.

The ruling is based on articles 5, 6 and 7 of Regulation No. 261/2004 (LCEur 2004, 637), indicating that “they must be interpreted in the sense that passengers on delayed flights can be equated to passengers on delayed flights. canceled flights for the purposes of the application of the right to compensation and that, therefore, they can invoke the right to compensation provided for in Article 7 of that Regulation when they suffer, in relation to the flight that suffers the delay, a loss of time equal to or greater than three hours.”

Likewise, the low cost airline is criticized for not offering passengers sufficient food and refreshments, as well as calls and messages, free of charge during the wait. Reclamador.es recalls that Article 9 of Regulation 261/2004 establishes these obligations, and the airline only offered the affected passenger a 4-euro coupon for a drink, something that is far from “adequate assistance.”

Source: Preferente

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