Flight delay help needed.

poet123

Yes, I understand the regs, but my point is that the cost of the accom for the night we missed due to the delay was e180 (as was the extra night) so surely they should refund that cost?

HXDave

Poet, not at all.

The job of the airline is to get you from A - B, which they did (albeit later than planned). At the end of the day, they got you there just 5 hours late, not 24 hours late, and you chose to stay in the airport rather than find a way to get to the hotel.

To cover for these events, either check your travel insurance or book a fully protected package next time.

Regards

HXDave.

poet123

No, we didn't choose to stay at the airport, we explored every transport option but there was none available until 6.30am. I suspect you will find that as surprising as we did, but that was the case. By the time we had waited to see if a water taxi could be persuaded to travel to the airport, the very few land taxis had gone, and those of us that were left were stranded.

So, you are saying the fact that we lost a nights accom as a direct consequence of the flight delay is immaterial? and that Ryanair have no legal responsibility for the loss of enjoyment incurred as a result?

richardw

poet123 wrote: »

we lost a nights accom as a direct consequence of the flight delay...

It appears unlikely that you'd get recompense from Ryanair for this under EU Reg EC261/2004.

HXDave

richardw wrote: »

It appears unlikely that you'd get recompense from Ryanair for this under EU Reg EC261/2004.

Richard, I totally agree, unfortunately Poet does not seem to grasp the locic. Unfortunately, the fact that you did lose a nights accommodation is in fact IMMATERIAL to Ryanair, and your cause. Their contract (as a flight only operator) is to get you from A - B. If there are problems between A - B, they have a duty to look after you (as in EU261/2009 - Section 9, Right of Care), however once they get you to B, that is the end of their oblications. And if the case goes through on the Sturgeon ruling that delays are subject to compensation, they you will be compensated accordingly. If it doesn't, then you wont be compensated.

Poet, i am sorry if this is not what you are wanting to hear, however this is the facts, and it has been seen so many times.

HXDave

poet123

What logic is there to grasp? as a direct consequence of a flight delay I had to pay for a hotel room I couldn't use use. If you are saying that is not covered by the EU regs that may be so, but what is to stop me issuing a small claims summons for out of pocket expenses incurred because of that delay? namely, one night's accommodation.

HXDave

Poet,

I wish you luck if you wish to go through the small claims court, however i feel you will be flogging a dead horse. THe first night's accommodation would not be classed as 'out of pocket', as you did not pay for this extra when you got there - you had already paid for it. Also, even arriving at the hotel at 06:30 / 07:00 am in the morning, by having the hotel booked from the night before will have allowed you to check straight into your room, as opposed to waiting until 2pm in the afternoon.

Like i say, good luck, but i doubt it will get you anywhere.

Regards

HXDave.

poet123

Yes, we had paid for it intending to use it! We didn't use it through no fault of our own. The fact that the room was available when we arrived circa 8am doesn't negate the fact that you would normally sleep overnight in a hotel room, not from 8am.

I will contact Ryanair, wait for the fobbing off....and then issue a small claims summons (won several before, one quite similar) and son is a lawyer (albeit a criminal one!) so he can assist.

richardw

Please seek advice from your son.

poet123

I have, he reckons the loss of enjoyment and out of pocket expenses i.e paying for something we didn't have the use of, and the possibility the judge will rule that each case should be judged without waiting for the Sturgeon case (apparently a Middlesborough Recorder ruled this should happen) means it is worth a punt for the outlay involved, and the probability that they will not defend, or that the judge will err on the side of the customer in view of the fact it was a special occasion that cannot be recaptured.