BERLIN (Reuters) - A court in Germany rejected a man's compensation claim against an airline after a cabin crew ordered him off a plane because other passengers were offended by his smell, authorities said Thursday.
An appeals court in the western city of Duesseldorf upheld an earlier ruling that British Airways (BA) had acted within its rights by removing the man from the aircraft after a female passenger sitting next to him complained about his smell.
"The stewardess took him to one side and asked him if he could put on a fresh shirt, but they were all in the hold," a court spokesman said. "So then he was asked to leave the plane -- about two minutes before take off."
BA said other passengers were upset by the smell, he added.
The corporate lawyer and his wife were scheduled to return home from Hawaii via Los Angeles on a BA flight sub-contracted to American Airlines last year, and missed their connection to Germany when the incident forced them to take the next plane.
Including the cost of staying an extra night in Los Angeles, the earnings he had forfeited and his wife's lost holiday time, the man calculated BA owed him nearly 2,200 euros ($2,819), and took his case to a lower court in Duesseldorf earlier this year.
"The man said he couldn't help sweating after carrying three suitcases in 29 degrees (Celsius) of heat and sitting in the airport for two hours with no air conditioning," the court spokesman said.
"But the court said the airline's terms and conditions made clear they could bar passengers because of their smell."
The appeals court delivered a judgement Wednesday by default against the man when he failed to attend the hearing. The man, who told the court he was stuck in traffic, has the right to appeal.
According to its website, American Airlines' conditions of carriage say that transport may be refused if passengers "have an offensive odor not caused by a disability or illness."
British Airways stipulates that the airline may refuse to transport passengers "if carrying you or your baggage may affect the comfort of any person in the aircraft."
Re: Oddly Enough: Traveler ejected for smell loses legal suit
format_quote Originally Posted by cheese
YUK!
Pretty mean to kick him off though, couldnt they just give him an isolated seat at the back of the plane?
actually... it reminded me of the hadith where the prophet banned people from coming to the masjid after eating "thawm - das wat lebos call it"... and once one companion came and he stunk with it and the prophet asked him to leave the masjid coz he was annoyin everyone with the smell... and then he told the prophet 'feel my stomach' and the prophet felt that he had rocks tied to his stomach out of hunger so he excused him.
on the othe rhand.. another case.. the prophet told another person to go rihgtttttt to baqee' (the cemetery area) far away fromt eh masjid lol coz of the smell he had on him (and he wanst poor)
kinda reminds me of local events too... one of the masjids.. some ppl think burping durn prayer is a sunnah ... i was soo happy once at taraweeh one bro stood up after prayer and was liek 'yuckkk he burped in my face!' that was sooo funny
Re: Oddly Enough: Traveler ejected for smell loses legal suit
format_quote Originally Posted by lolwatever
"thawm - das wat lebos call it"...
more like 'toom' i think lol
kinda reminds me of local events too... one of the masjids.. some ppl think burping durn prayer is a sunnah ... i was soo happy once at taraweeh one bro stood up after prayer and was liek 'yuckkk he burped in my face!' that was sooo funny
YUKK! What kind of masjids do you attend man?!ffended:
Re: Oddly Enough: Traveler rejected for smell loses legal suit
The planes don't have a small bathroom (wash-hand basin) where the people could wash themselfs a little - like in 17 th century when i saw in the movies the people made their morning hygene in a small wash-bowl. In that time was not invented the showers After that he could change his shirt and would have been clean again.
Re: Oddly Enough: Traveler rejected for smell loses legal suit
I think I would have been to embarrassed to make a case in the court for this
The passengers were right though, that would have been a very long flight (about 8/9 hours!) and to be stuck on the plane with that smell and no way to escape!
Re: Oddly Enough: Traveler rejected for smell loses legal suit
this is hilarious...
erm muezzin......no comments for ya..... :eek:
All i hope is for my mums happiness.Shes my light.Shes my dunya.Her tears are my weakness.Her sadness breaks my heart.She is my mirror.A mirror that keeps me alive.Without her am nothing.shes my saaya.How can i leave her.I pray to Allah(swt) to keep me with her forever inshAllah.
Re: Oddly Enough: Traveler rejected for smell loses legal suit
format_quote Originally Posted by JanatAllah
I think I would have been to embarrassed to make a case in the court for this
The passengers were right though, that would have been a very long flight (about 8/9 hours!) and to be stuck on the plane with that smell and no way to escape!
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