Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson · 29 December 2014 at 9:01PM

japtrupusz wrote: »

Thank you for your reply! yes I have just submitted my claim today! have all the recepits!
I was in shock that Ryanair treats people this way.. the worst service ever! \i will keep you posted with the progress of my complain..
I understand the bad weather was not their fault but abandoning all the passengers at the airport in London and not providing any transport, food, hotels or anyone from Ryanair who could provide us with some information was disgraceful! After four hours of people crying and shouting at the lady in Information service they sent someone who just advised to organise a transport by ourselves....I do not have any family in the country and there were no directed trains to Nottingham so had to book a taxi..Another story was that most of the people did not have enough money...:eek:

japtrupuszp,
Unfortunately this is the way that RA treats its customers. Again I feel for you and your fellow passengers in the situation you found yourself in.
Good luck with your claim for the expenses, and do keep us posted.
You know where we are.

stratrob · 1 January 2015 at 7:36PM

:jMy sincere thanks to Dr Watson, Vauban and many others who gave me great advice via this wbsite.
Background. Arrived Palermo airport, flight to Stansted showing as on time departure of 10.00. Checked in went to gate started to board but turned back at aircraft door. Back to lounge where we watched our bags being taken off then another cart arrived and other bags put on. No Ryanair staff but handling agent went off to find out problem. Returned and said owing to earlier problems our plane was being used for another flight and we would now be departing at 17.00. Given vouchers. We could see from flight info screens that all other flights were operating normally. Our flight was eventually callled and we departed just after 17.00. During flight a crew member apologised to passengers for the delay and said if anyone wanted to claim compensation they could do so via Ryanair website. Of course no such facility exists. Following morning email from Ryanair claiming compensation not payable "exceptional circumstances". I hadn't even been in touch with them. A couple of days later another email from Ryanair advising me to claim off my holiday insurance for delay but re-stating they would not pay compensation, again quoting exceptional circumstances. I was very angry at this blatant lying and found this website. It became obvious that what I was experiencing was the norm. I took heart from this and following advice on this site and using the letter template from this site wrote to Ryanair and made a claim. As predicted they replied saying no compensation owing to exceptional circumstances. Again using a letter template from here I wrote again quoting appropriate case law and threatening to take out a ESCP in an English Court. Ryanair then replied by saying they would pay the appropriate compensation for a 7 hour delay which was 800 Euros. 28 days later cheque arrived and was banked.
I have been in business for many years and cannot believe a listed company can act like this to avoid their responsibilities. They lied about the circumstances which shows in my opinion a complete lack of integrity. They should be ashamed.
Again many thanks as without your advice and guidance, I doubt that I would have achieved this outcome.

Dr_Watson · 1 January 2015 at 8:40PM

stratrob wrote: »

:jMy sincere thanks to Dr Watson, Vauban and many others who gave me great advice via this website.

stratrob,
Glad to have helped, and well done to you for taking Ryanair to task.
You are right in your summary of how they treat their customers regarding delays and the application of EU261/2004.
While ever they and the other airlines continue to do this, Our Lord Prof Vauban, myself and all the good others will still be here.;)

benkaylamum · 5 January 2015 at 12:44PM

Hi folks.
I have twice now written to Ryanair regarding a four hour delay on my flight from Rome in November this year using the great advice given on here. Today I received the undernoted letter. Should I now progress to my court claim? Is this a new excuse they are using not to pay out? Wondered if anyone was aware of this case involving KLM? Many thanks in advance!

In relation to your claim for monetary compensation under EU Regulation 261/2004; a number of airlines including Ryanair have applied to for a further stay in all cases concerning aircraft technical defects, pending the decision of the Court of Justice of the European Union (CJEU) in Van Der Lans v KLM (C-257/14). In this European case the CJEU have been asked to give clarity on the meaning of “unexpected flight safety shortcomings” in relation to delays and cancellations caused by aircraft technical problems.

We await a formal hearing date for our stay application from Liverpool County Court, it being the specialist Court in England and Wales which deals with such matters. In the event that the Court grants our request for a stay, we must then await the judgment of the CJEU in Van der Lans v KLM before any decision on the payment of monetary compensation under Article 7 Regulation EU261/2004 can be made.

Whilst we sympathise with your view, we regret that our position as set out in the letter dated 07/11/2014 remains unaltered.

We are sorry that we cannot be of further assistance with regards to this matter.

JPears · 5 January 2015 at 1:06PM

The "excuse" of the Dutch KLM case is a desperate attempt , initially by Jet2 and now several other airlines to delay and procrastinate further. They hope to put claimants off by putting up further barriers.
I am not sure if Ryanair have any cases stayed in regard to this matter.
However this has little bearing on your individual case.
Assuming you have sent an NBA, its time to send your claim to court, via the Euro small claims route, as so expertly described by Dr Watson.
If you haven't sent an NBA then time to do so.

PatMaguire · 5 January 2015 at 3:47PM

Dr_Watson wrote: »

PatMaguire,
The response you have received from Ryanair is just their generic standard response to all their customers who are starting the process to claim what they are rightfully owed.
Yes they have edited the response to include your flight details, but don't even have the sincerity to give you any detail to the alleged technical fault.
Same old Ryanair.
From the detail you have given, you have a cast iron case, the recent rulings in the Huzar case cement this.
A technical fault cannot be used as an excuse for an 'Extraordinary Circumstance' and thus remove the obligation on air carriers to pay compensation in line with the regulation 261/2004.

Regarding the process (ESCP) and possible costs, quite simply your court fees is all you will pay, even if RA come up with a legitimate excuse that is a genuine EC (they have to prove it firstly though), but say they do, and you lose that's it, no further costs.
Believe me RA might enter a completely different 'answer' to court to your claim than you have already received, but it'll be all smoke and mirrors.
Do follow my advice in post 569, your journey will follow this path and at some point bring you the compensation you paid a levy to RA to cover.
And if you need help smashing their 'answer' to bits when it eventually arrives, well you know where I and the other good people on this forum are.
Good luck and keep going.

Many thanks for this. We had a bit of a false start with the paperwork so the claim was delayed a bit. I made the mistake of putting the claim against Ryanair in Euros as the form gave me that option, the EU Regs use that currency and as I am out of the UK for 5+ months a year I can tend to think just in Euros. Nice lady from Sheffield Combined Courts sent the papers back to us plus the cheque and I just reprinted the relevant pages with a new cheque which has now been accepted. UK courts seem able to sign up to EU-wide processes but then expect you to give a shot in the dark with a spot price for Euros - but there you are.

We now have a Case Number and a target date of 28 January when (according to the Court) Ryanair must have replied. I await with interest. Again many thanks for your help on this.

MaramYo · 5 January 2015 at 4:37PM

I'm a bit confused about all this.. last month a flight my company paid for, for a business trip was delayed over 3 hours.. I was the only one taking the flight though.

Do I still have a right to claim for compensation, independently of my company?

MickyVerdi · 5 January 2015 at 5:00PM

benkaylamum wrote: »

Hi folks.
I have twice now written to Ryanair regarding a four hour delay on my flight from Rome in November this year using the great advice given on here. Today I received the undernoted letter. Should I now progress to my court claim? Is this a new excuse they are using not to pay out? Wondered if anyone was aware of this case involving KLM? Many thanks in advance!

In relation to your claim for monetary compensation under EU Regulation 261/2004; a number of airlines including Ryanair have applied to for a further stay in all cases concerning aircraft technical defects, pending the decision of the Court of Justice of the European Union (CJEU) in Van Der Lans v KLM (C-257/14). In this European case the CJEU have been asked to give clarity on the meaning of “unexpected flight safety shortcomings” in relation to delays and cancellations caused by aircraft technical problems.

We await a formal hearing date for our stay application from Liverpool County Court, it being the specialist Court in England and Wales which deals with such matters. In the event that the Court grants our request for a stay, we must then await the judgment of the CJEU in Van der Lans v KLM before any decision on the payment of monetary compensation under Article 7 Regulation EU261/2004 can be made.

Whilst we sympathise with your view, we regret that our position as set out in the letter dated 07/11/2014 remains unaltered.

We are sorry that we cannot be of further assistance with regards to this matter.

Hi
I have also just received a similar email from Ryanair over a claim I submitted (from 2011). I see JPears has suggested going on with European Small Claims. However, would it be worth me waiting a short while for Liverpool County Court to rule before doing so? I have not yet sent an NBA to Ryanair.
By the way, thank you to everyone on this thread, without which the Ryanair Goliath would certainly be defeating this David.

JPears · 5 January 2015 at 5:32PM

Yes you could do. But you might as well get your NBA sent, perhaps date if for end of Feb as time limit, then you may know outcomes of Liverpool case and decide if you wish to go forward or wait some more if cases are stayed ....

Vauban · 5 January 2015 at 6:17PM

What do you think the odds are of further stays? I reckon very slim to none, given not even the Dutch Courts are staying!

Flight delay and cancellation compensation, Ryanair ONLY

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