Air Malta will not have to pay damages to a football club whose players missed a training session in Italy due to an eight-hour flight delay.
Tarxien Rainbows had sued the national carrier for damages in connection with air fares, airport transfers, accommodation and scheduled games in July 2009.
Air Malta argued the delay was caused by reasons out of its control, which included health and safety considerations.
Mr Justice Mark Chetcuti, sitting in the First Hall of the Civil Court, heard that when the Air Malta plane carrying the players stopped over in Reggio Airport in southern Italy en route to Rome, as scheduled, it experienced what is known as a bird strike: that is, it hit a large flock of birds.
One of the engines’ fan blades was damaged and the pilot immediately sent photos to airline engineers, who advised that it would be unsafe to continue flying to Rome.
As there were no engineers available at Reggio Airport to evaluate the damage, passengers and crew had to wait for a relief aircraft that brought over engineers and spare parts and then take everyone on to Rome.
Air Malta’s chief engineer told the court that bird strikes occurred from time to time.
Such occurrences could have serious consequences to plane safety, he explained.
The court found in favour of Air Malta, noting that recent case law had established that it was the responsibility of the particular airport, not the airlines, to take action to prevent bird strikes as much as possible.
It ruled that Air Malta could not be held liable for damages over the delay because it had been caused by force majeure and health and safety considerations.