Bird strikes and compensation
Updated
Your flight was delayed or cancelled after a bird strike, and the airline says that is an extraordinary circumstance, so no compensation. This is one of the harder refusals to beat. But a bird strike does not excuse everything, and the airline still has to prove its case.
What the courts say
The EU Court of Justice decided in Pešková C-315/15 (4 May 2017) that a collision between an aircraft and a bird is an extraordinary circumstance. Birds are not part of the airline's normal activity and it cannot control them.
The same judgment set two limits that matter for you:
- Only the delay the bird strike caused is excused. If the inspection and repair took 2 hours and the rest of a 6-hour delay came from something else, such as waiting for a crew or a spare part the airline should have had, that other part counts against the airline.
- The airline must still take all reasonable measures to limit the delay, including rebooking you. Since LE v TAP C-74/19, that includes flights on other airlines.
The burden of proof is on the airline (Wallentin-Hermann C-549/07). It must show that a bird strike really happened and that it hit your flight.
Bird strike on an earlier flight
Often the bird hit the aircraft on its previous flight, and your flight was delayed as a knock-on. C-74/19 lets the airline rely on an extraordinary event on the previous rotation. But it still has to show a clear link to your delay, and an airline is expected to plan its schedule with a reasonable time buffer (Eglītis C-294/10). It must also show why no other aircraft or flight could carry you.
What evidence to ask for
- the incident report for the bird strike: date, time, airport, flight number
- the technical log entries for the inspection and any repair
- a timeline: when the strike happened, when the aircraft was cleared, when your flight left
- if the strike was on an earlier flight: which flight, and why a spare aircraft was not used
- which other airlines' flights were checked for rebooking
A line in a refusal letter saying "bird strike" is the airline's claim, not evidence.
Step by step
- Reply in writing. Accept nothing until you see documents. Ask for the incident report and the timeline.
- Compare the times. If the repair or inspection was much shorter than your delay, say so and claim for the difference.
- Wait about 4 weeks in Sweden and Norway, 6 weeks in Denmark.
- Board for the country where the disruption happened. Finland: KRIL, after KKV or ECC Finland; EU261 cases can be filed in English. Sweden: ARN, 150 kr. Denmark: Trafikstyrelsen with MitID. Norway: Transportklagenemnda via www.reiselivsforum.no, Norwegian or English. See the Nordic complaint boards.
When it is worth it, and when not
Be realistic. Few recent Nordic board decisions deal with bird strikes, and when an airline sends a proper incident report and rebooked you quickly, it usually wins.
Worth trying when:
- the airline has given no document at all
- the delay was far longer than the inspection or repair
- the strike was on an earlier flight and the airline has not shown the link
- other airlines flew your route while you waited for days
Appeal My Flight writes the reply and the board complaint for €29 per booking. You send it yourself and keep the payout. We cannot promise an outcome.
Related: extraordinary circumstances explained and the airline rejected your claim.
FAQ
Is a bird strike really outside the airline's control?
Yes, the EU Court said so in Pešková. The argument is about the length of the delay and the airline's evidence, not the bird.
Do I still get meals and a hotel?
Yes. Care (meals, hotel, transport) is owed whatever the cause. Keep receipts.
The airline says the damage needed a long repair. Does that excuse the full delay?
Only if the airline shows it did what it reasonably could, for example using another aircraft or rebooking you on other airlines.