Flight delay and cancellation compensation, Ryanair ONLY

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  • 111KAB
    111KAB Posts: 3,645
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    edited 20 May 2017 at 5:11AM
    Almo wrote: »
    Read several pages and fairly but not totally sure that this doesn't fall under exceptional circumstances:

    Aircraft damaged while a wheelchair was being loaded

    It's foreseeable in once sense but not in another, plus it's the ground handlers who were at fault. Anyone have any opinions? I've sent off an email to Ryanair anyway.


    IMO valid claim. Ryanair's problem should not be your problem and their problem was that THEIR ground handlers didn't handle too well. See


    http://www.euclaim.co.uk/blog/airlines-must-pay-flight-delay-compensation-if-mobile-boarding-stairs-collide-with-aircraft-and-cause-hold-ups-says-the-european-court-of-justice


    Although stairs in this case basically the damage caused to an aircraft by firms/people working for the airline is the responsibility of the airline.
  • Hi,

    I had 2 tickets on a RyanAir flight from Athens to Santorini (less than 1500 km's) for a late night flight (11.15pm local time).(flight duration was only 50 mins) last Saturday (20 May 17). We took off but the flight could not land at Santorini due to strong winds and after circling around for a bit it was sent back to Athens by the Air Traffic Control at Santorini. Upon reaching, we were informed our flight will now leave only on the following night at 00.30 am (22 May 17) - effectively a delay of more than 25 hrs and were offered hotel accommodation along with transfers. Alternatively, we were offered a refund of our original flight booking in case we did not want to take the newly arranged flight.

    Well, in my case (and several other passengers) we were on a holiday to Santorini and loosing a full day of our vacation was not worth (we were scheduled to be in Santorini only for 3 nights) and we decided to take an alternative flight - the first one available in the morning by a different airline. Lots of us did ask RyanAir to put us on their morning (7am) flight. But they would'nt (was apparently full) and neither would they schedule a flight any earlier.

    I ended up spending EUR 363 (Total for 2 ppl) for an alternative flight in the morning by a different airline (plus lost a night's stay in an expensive Santorini hotel).

    Am I entitled to any compensation in this case? coz although the cancellation/delay was due to bad weather, the airlines didn't reschedule the flight for more than 24 hrs, inspite of having so many passengers (almost fully booked flight). I believe the alternative flight offered didnt work for most of the passengers and most of them did end up buying a new ticket in a morning flight from other airlines-- we were all queued up at the counter (more of us at the alternate airline counter than the RyanAir counter for hotel transfer) which makes sense given most people had come from far (some from UK, US & even as far as India) and were heading for a long awaited and expensive Santorini vacation.

    Also, what do the regulations say in case of strong winds on a small island like Santorini? Isn't it expected. I wonder whether RyanAir can deny my claim on "extra ordinary circumstances" ground?

    Luckily, all went well with our morning flight, (although the winds were still quite strong when we landed in the morning I feel) but it did come at a significant cost and blew up our budget for the trip. The original flight was a cheap promo fare and we had got those tickets for merely EUR 15 pp so the refund is pretty much worthless.

    I am gonna go ahead and submit my claim but I appreciate any expert advise.
  • Tyzap
    Tyzap Posts: 2,112
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    edited 30 May 2017 at 10:39AM
    Hi chiragv,

    Please copy and paste your post onto the dedicated Ryanair thread for the benefit of all.

    http://forums.moneysavingexpert.com/showthread.php?p=72576376#post72576376

    You will receive a reply there.
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  • Tyzap
    Tyzap Posts: 2,112
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    111KAB wrote: »

    Thanks 111KAB,

    My take on this case is that the judge has found the argument to be complex, and also says it has "far reaching ramifications for a vast number of other flight delay claims, and in particular for the lawyers and claims management companies which are involved in this vibrant claim industry which has been expanding for a number of years"

    Many passengers, who mainly do not have the time or inclination to claim directly, could be affected in a detrimental way. This appears to go against the spirit and possibly word of the regulations, thus requiring further scrutiny.

    Much of EC261 has been clarified in the UK courts by one well known firm of solicitors here in the north west. Without their help many thousands of passengers would not have received their compensation, including myself.

    For this reason, and also because a decision by the COA will become binding law, the judge has immediately allowed it to be passed it up to a higher court.

    I don't think this is over yet.
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  • Bumblies
    Bumblies Posts: 18
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    My flight back from Fuerteventura last November was delayed over 4 hours because the outbound flight couldn't take off due to heavy snow closing LBA. I assumed I had no claim because the cause was weather related and my legal insurance didn't want to know. Out of interest I put the details into Bott & Co's online claim checker and it said I had a claim. Thinking there was little chance of success I put the claim in their hands and have now been told that after initially rejecting the claim Ryanair has now agreed to pay up. OK, I lose a good chunk of the 400€ in Bott's fees but I still get a reasonable sum for a delay I thought came under "act of God".
  • Caz3121
    Caz3121 Posts: 15,533
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    your delay was a knock-on delay caused by something impacting an earlier flight of the aircraft and not your specific flight so comp was correctly due
  • JPears
    JPears Posts: 5,084
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    Tyzap wrote: »
    Thanks 111KAB,

    My take on this case is that the judge has found the argument to be complex, and also says it has "far reaching ramifications for a vast number of other flight delay claims, and in particular for the lawyers and claims management companies which are involved in this vibrant claim industry which has been expanding for a number of years"

    Many passengers, who mainly do not have the time or inclination to claim directly, could be affected in a detrimental way. This appears to go against the spirit and possibly word of the regulations, thus requiring further scrutiny.

    Much of EC261 has been clarified in the UK courts by one well known firm of solicitors here in the north west. Without their help many thousands of passengers would not have received their compensation, including myself.

    For this reason, and also because a decision by the COA will become binding law, the judge has immediately allowed it to be passed it up to a higher court.

    I don't think this is over yet.
    I suspect the judge knows this needs clarification at a higher level from the outset, hence the leapfrog appeal.
    It is a shame the judge didn't find in favour of the claimant rather than RA, forcing the airline's hand rather than the consumers now relying on claims companies/the individual to take it to CoA. Which of course may not happen if said claims companies don't see a potential financial benefit.
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  • Tyzap
    Tyzap Posts: 2,112
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    edited 1 June 2017 at 1:32PM
    JPears wrote: »
    I suspect the judge knows this needs clarification at a higher level from the outset, hence the leapfrog appeal.
    It is a shame the judge didn't find in favour of the claimant rather than RA, forcing the airline's hand rather than the consumers now relying on claims companies/the individual to take it to CoA. Which of course may not happen if said claims companies don't see a potential financial benefit.

    I see it from the opposite point of view.

    The judge has been very canny imo, and knew what he was doing.

    Had the claimant won, RA would be faced with the decision of whether to appeal or not, and they may have decided that it might be pushing their luck a bit too far. Just keep things as they now are. Remember, at the COA any decision becomes binding.

    The claimants solicitors have more than just this case to lose, so I suspect they have no option but to appeal, leaving RA with no say in the matter. There is much more than just 261 compensation at stake here now, thus the allowance of a leapfrog appeal to the COA.

    I'm sticking my neck out, but I also believe that this case will be won on appeal.
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  • JPears
    JPears Posts: 5,084
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    Good reasoning and valid argeument.
    Either way, lets hope the CoA goes ahead.
    Is it 3 weeks to lodge appeal?
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