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    • Tropically
    • By Tropically 5th Mar 18, 8:52 AM
    • 218Posts
    • 660Thanks
    Weather delayed my plane 3 flights before mine
    • #1
    • 5th Mar 18, 8:52 AM
    Weather delayed my plane 3 flights before mine 5th Mar 18 at 8:52 AM

    I have a claim open with RyanAir on Resolver, and it looks like I'm going to take it to the Spanish agencies.

    I was flying Malaga to Stansted. The weather was clear in Malaga (I took screenshots and pictures). The weather was foggy in Stansted.

    Our plane did not arrive into Malaga until 2 hours after we were meant to depart, and we were stuck on the tarmac for another hour and a bit before we could get a runway slot. We were three hours late before we left the sunny and glorious Malaga.

    Our plane had flown from Budapest (where the weather was fine as well) and before that from Stansted (where it was delayed).

    So the flight before the flight before my flight was delayed because of weather, and because RyanAir runs their planes with 0 tolerance for delays and absolutely no contingency, my flight was delayed.

    To make matters worse, we were routed to Gatwick instead of Stansted because there was too long of a queue to land at Stansted. We were already 3.5 hours late when we got the call we were going to be diverted.

    I have a claim, but they say they don't need to pay a single penny because 'of fog'. They aren't elaborating or providing any further response. Their message is:

    "On behalf of Ryanair, we once again apologise for the diversion of your flight FR8165 from and subsequent delay, due to fog.

    As the diversion and subsequent delay were for safety reasons and therefore outside Ryanair’s control we regret to advise that no monetary compensation is due under EU Regulation 261/2004."

    When it first happened and I looked into it, I recall a successful court case where the airline was claiming weather delays earlier down the line, but they still had to pay out because they should have sent another plane, or planned their flight timetable better.

    My flight was not delayed due to weather, it was delayed because of the way RyanAir runs their business, with half an hour between flights and no effort to pick up passengers with a different plane.

    I am really struggling to google information on this kind of circumstance, because the bulk of the information out there is where flights have delayed YOUR flight, not earlier delays on the network. Do you have information on this - where airlines have claimed weather delays elsewhere in the world as justification to not pay out?
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Page 1
    • JPears
    • By JPears 5th Mar 18, 9:00 AM
    • 3,520 Posts
    • 984 Thanks
    • #2
    • 5th Mar 18, 9:00 AM
    • #2
    • 5th Mar 18, 9:00 AM
    Welcome. Please repost on the Ryanair thread rather than make your own new personal thread. Personal threads significantly clutter up the board and make it far more difficult for regulars to help and for new members to do a search.
    But you probably do have a claim. Spanish regulator will probably be a little help even if they find in your favour. You'll probably have to escalte to ESCP.
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    • jpsartre
    • By jpsartre 5th Mar 18, 11:26 AM
    • 3,026 Posts
    • 1,990 Thanks
    • #3
    • 5th Mar 18, 11:26 AM
    • #3
    • 5th Mar 18, 11:26 AM
    I suspect this is one of those claims where two different judges may arrive at different conclusions. The issue is not so much where the bad weather occured but whether there were reasonable steps the airline could have taken to prevent the delay.
    • peachyprice
    • By peachyprice 5th Mar 18, 12:09 PM
    • 19,193 Posts
    • 44,318 Thanks
    • #4
    • 5th Mar 18, 12:09 PM
    • #4
    • 5th Mar 18, 12:09 PM
    It is there in the regulation, somewhere, I've used it myself, even when Bott & Co and one of the other online companies said I wasn't entitled.

    I'll have a dig around, see if I can find my old paperwork, but I think it's on my old laptop.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • jpsartre
    • By jpsartre 5th Mar 18, 12:33 PM
    • 3,026 Posts
    • 1,990 Thanks
    • #5
    • 5th Mar 18, 12:33 PM
    • #5
    • 5th Mar 18, 12:33 PM
    There's nothing in the regulations which says that adverse weather "down-route" is non-extraordinary. It may or may not be, depending on the precise circumstances of the case at hand.
    • legal magpie
    • By legal magpie 6th Mar 18, 10:28 PM
    • 821 Posts
    • 374 Thanks
    legal magpie
    • #6
    • 6th Mar 18, 10:28 PM
    • #6
    • 6th Mar 18, 10:28 PM
    Having regard to all the circumstances I know of one judge who would find in your favour.
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