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Air Traveler Ejected for Odor Loses Suit

Amused

Elite Member
Air Traveler Ejected for Odor Loses Suit
Reuters
BERLIN (Nov. 17) - 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 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."
 
Wish I could have used that "transport may be refused" excuse on the guy with the stinky-as-fsck sandwich who sat in front of me on a flight to Vegas a couple years ago. Thankfully it was a short flight (San Diego to Vegas), but Jesus...WTF was he eating that stank so bad?
 
that's tough. it's not like the guy was purposely smelly. i think we've all had times when we've run through the airpot and not smelled the best by the time we got on the plane. on the other hand, i wouldn't want to sit next to a smelly bastard on a flight either.
 
Originally posted by: Thorny
At least he wasn't breastfeeding 😛

I think he has more of a reason to be pissed than the breastfeeder. At least she was offered an alternative (the blanket). There was nothing this guy could do. There had to be someone with a stick of deodorant, and a spare shirt they could have sold him, if they had warned him soon enough.

It would have been embarrassing for the man, but not so much as getting kicked off the plane.
 
Originally posted by: yowolabi
Originally posted by: Thorny
At least he wasn't breastfeeding 😛

I think he has more of a reason to be pissed than the breastfeeder. At least she was offered an alternative (the blanket). There was nothing this guy could do. There had to be someone with a stick of deodorant, and a spare shirt they could have sold him, if they had warned him soon enough.

It would have been embarrassing for the man, but not so much as getting kicked off the plane.

You're right. We should make stinky people a protected class. Hell, we should make everyone a protected class and businesses will no longer have the right to refuse service to anyone, no matter how nasty, abusive or fowl they are.
 
Originally posted by: yowolabi
Originally posted by: Thorny
At least he wasn't breastfeeding 😛

I think he has more of a reason to be pissed than the breastfeeder. At least she was offered an alternative (the blanket). There was nothing this guy could do. There had to be someone with a stick of deodorant, and a spare shirt they could have sold him, if they had warned him soon enough.

It would have been embarrassing for the man, but not so much as getting kicked off the plane.

Two words for you. Personal Accountability

I know it sounds drastic to be responsible for yourself, but this whole country could use a dose of reality sometime. There was something he could have done, and its not the airlines job to remind him to do it. There were dozens of other people on that plane that managed to not stink, he could have done the same.
 
For them to react like that, I suspect he had acheived a level of funk that takes more than a day running around the airport to generate. A level of foulness that requires an accumulation of days of sweat without bathing. I say good riddance. It's one thing to pass by some random jackass on the street or in a store who reeks, it's another to be trapped in a room for an extended period of time with someone like that, it literally can become nauseating.
 
as somebody who travels twice a wk for the last 2 years I applaud this action on behalf of the FA's.

another thing is fat ppl, I'm not super skinny but i do no spill over into your seat!
 
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