Flight delay help needed.

richardw

Have a browse of other ryanair cases http://www.flightmole.com/forum/forumdisplay.php?f=18

Shona99

This may be a more relevant piece of reading to begin with ( even though it ostensibly deals with a grievance against easyJet)

http://flightmole.com/forum/showthread.php?t=1398

A dutiful criminal lawyer son (even a clever one) might not have a day to day familarity with the inner workings of the Montreal Convention including Article 19-that deals with delay. It might also might be worth bearing in mind the jurisdictional issues of straying into matters that might be governed by the Convention.

Ryanair is an Irish domiciled carrier and your place of destination was abroad with respect to the Convention.

The Rehder ruling of the ECJ makes disputes relating ( solely?) to EC 261/2004 compensation the place of departure as an available forum for proceedings.

poet123

Apparently we can use the Irish SCC if we choose rather than the UK one to ensure jurisdiction. It is not his area of expertise but he thinks on the face of it it may be worth a punt. For the sums involved they may not bother to defend.

ETA just found this which seems to suggest the UK court can be used and that a claim can succeed regardless of perceived jurisdiction.

http://flightmole.com/forum/showthread.php?t=658

stoneman

Poet, you seem to be changing what you want compo for now. First it was for the additional night you stayed because you WANTED to, not as your bold in post no.10 "where it becomes necessary" it did not become necessary, you chose to add an extra day on to make up for the late arrival of your aircraft.
Now it seems as though you have decided that won't wash so now it is for the non use of the hotel for the first night. As has been mentioned you did have the use because the room was kept available for you and when you arrived at 8am you were allowed to avail yourself of it. Lots of people arrive late and only get to use the rooms for part of a night. I have flown into Turkey at 1am on a flight that was scheduled to land then, and because of trying to round everyone up for our coach then the 3 hour ride to the resort, we got our heads down at 7am, but I had to purchase the previous nights accommodation to do so. You used the room, end of. Now if you had made a stand and thought ahead, maybe by refusing to use the room until 2pm the next day, you might have had a stronger case, but of course you would not have done that would you.

poet123

stoneman wrote: »

Poet, you seem to be changing what you want compo for now. First it was for the additional night you stayed because you WANTED to, not as your bold in post no.10 "where it becomes necessary" it did not become necessary, you chose to add an extra day on to make up for the late arrival of your aircraft.
Now it seems as though you have decided that won't wash so now it is for the non use of the hotel for the first night. As has been mentioned you did have the use because the room was kept available for you and when you arrived at 8am you were allowed to avail yourself of it. Lots of people arrive late and only get to use the rooms for part of a night. I have flown into Turkey at 1am on a flight that was scheduled to land then, and because of trying to round everyone up for our coach then the 3 hour ride to the resort, we got our heads down at 7am, but I had to purchase the previous nights accommodation to do so. You used the room, end of. Now if you had made a stand and thought ahead, maybe by refusing to use the room until 2pm the next day, you might have had a stronger case, but of course you would not have done that would you.

The cost of the room at either end is the same so the monetary "loss" was the same.

Of course we booked the extra night because we wanted to,because of the delay, because we needed to sleep on arrival after having been up in excess of 25 hours and therefore lost a good portion of our 3 day break. Certainly, we wouldn't have refused the room, that would have been intentionally depriving ourselves of the room for the daytime.

We lost enjoyment of a long awaited anniversary trip due to the delay, and to make up for that we incurred additional expense, perhaps not all of the costs is recoverable but the room should be, and imo the loss of enjoyment should be compensated for. Anyway, I think it is worth a punt on an SCC claim and will be going down that route, with the focus on those two points.

Will need to research more which SCC to use.

HXDave

I think you will find that the small claims court will cover for monies that are owed to you, and will not cover for loss of enjoyment, irrspective of it being a 'special occassion'. At the end of the day, Ryanair fulfilled it's obligations and may or may not need to compensate you under EU261/2004 (travel delay) depending on the pending cases.

However, i wish you well in your quest.

HXDave

malkie76

There's absolutely no way you'll receive anything for changing your mind on your return date. You had a flight booked on a plane which left and you chose not to fly.

It's worth remembering that your return flight was actually a single from your destination, not a genuine return flight - ie your outbound and inbound are separate events.

RyanAir (and every other LCC) are not in the business of selling 'experiences', merely point A to point B. Even legacy carriers won't be interested, however some may have awarded miles or a discount voucher for a future booking.

I'm sure you were annoyed and disappointed (as would most people), but because you chose to alter your travel plans you won't be entitled to anything for the return journey. I'd focus on the outbound delay when the courts have sorted themselves out.

poet123

malkie76 wrote: »

There's absolutely no way you'll receive anything for changing your mind on your return date. You had a flight booked on a plane which left and you chose not to fly.

It's worth remembering that your return flight was actually a single from your destination, not a genuine return flight - ie your outbound and inbound are separate events.

RyanAir (and every other LCC) are not in the business of selling 'experiences', merely point A to point B. Even legacy carriers won't be interested, however some may have awarded miles or a discount voucher for a future booking.

I'm sure you were annoyed and disappointed (as would most people), but because you chose to alter your travel plans you won't be entitled to anything for the return journey. I'd focus on the outbound delay when the courts have sorted themselves out.

Yes, we knew changing flights was our choice and that we would have to bear the cost, and as it was a special occasion we were happy we were in a position to so so without any great financial hardship. The outbound issues are the ones we will focus on, and will be looking into which avenue is the best one ot take for maximum redress.

poet123

HXDave wrote: »

I think you will find that the small claims court will cover for monies that are owed to you, and will not cover for loss of enjoyment, irrspective of it being a 'special occassion'. At the end of the day, Ryanair fulfilled it's obligations and may or may not need to compensate you under EU261/2004 (travel delay) depending on the pending cases.

However, i wish you well in your quest.

HXDave

Actually, I won a case in the SCC about 11 years ago on behalf of my mother and compensation was awarded against the travel company for "loss of enjoyment" as a holiday is deemed to be something you work for and have certain expectations of, when those are not met you do have grounds for compensation. In my case, this was a holiday for a 30th anniversary, an occasion which can never be re captured, and which was marred by the service we received from the carrier. That is the tack I will use (in court if necessary) and hopefully it will succeed again!:D

malkie76

I hope you don't.

I appreciate that sounds extremely harsh, but all that will happen in the long term is increased ticket prices for all passengers. (Similar to current increases in car insurance). Any losses are passed onto the consumer, and a successful claim won't result in improved service from the LCC.

If you are going to try and have a relaxing short break then don't put your faith in an LCC - actually, don't trust any airline.