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Delayed Flight Compensation

edited 30 November -1 at 1:00AM in Flight Delay Compensation
9 replies 12.8K views
LoMaxLoMax Forumite
24 posts
edited 30 November -1 at 1:00AM in Flight Delay Compensation
Hi All,

I have been informed that I am entitled to delayed flight compensation for a recent flight from Bristol to Dublin under EU regulation 261/2004[FONT=&quot][/FONT]. We were delayed by just over 5 hours. I have since sent a fax and letter to ryanair using a template I found on the net as shown below. Their response by email is below this.

Basically I feel they have not proved or provided any evidence that the reason for the delay was through 'exceptional circumstances'. In the end they got a plane from Gatwick to take us to Dublin. The cabin crew told us this and explained there was no refreshments on board as the plane was not scheduled to fly.

What should my next step be or just accept it as a no goer?
Xxxxxx xxxxx
Xxxxxx
Xxxx
xxxxxxxxxxx
16 April 2012

By fax: +353 1 812 1676

By Post:
Ryanair
Customer Service Department,
P.O. 11451,
Swords,
Co. Dublin,
Ireland.

Dear Ryanair,

MY REF: 120419-FR505- XXXXX -XX

I am writing to complain about the delay I experienced on a flight which I had booked with your company. I believe that under the EU Regulation 261/2004 I am entitled to compensation and to a reimbursement of food and accommodation expenses which I incurred as a result of the delay.

1. The Nature of this Letter & Possible Legal Action

This is a Letter of Claim or Letter before Action within the meaning of the Civil Procedure Rules 1998. Sending this letter of claim is a formal step before Legal proceedings are issued against you in the County Court.

You should respond to this letter within 21 days. If you fail to respond, the Court may take the view that this is an unreasonable refusal to attempt to resolve this matter and you may be ordered to pay any legal costs which I incur.

If a favourable response is not forthcoming I may refer the matter to the Air Transport Users Council for investigation or report your company to the Civil Aviation Authority (or whichever National Enforcement Body may be relevant).

2. The Facts of This Claim

On 06 April 2012 I had a booking to fly from Bristol Airport, UK to Dublin Airport T1, Ireland on flight number FR505 Departing at 08:00 hours. The following people were flying:

Xxxxx Xxxxx [Reference No. XXXXXX]

I was at the airport on time and was present for checking-in at or before the time specified in your terms and conditions.

The Flight was delayed by over 5 hours. The flight eventually departed at 13:05 HOURS. This caused considerable inconvenience and caused me to incur expenses in relation to food and drink. I was informed at the time that the delay was caused by technical difficulties with the aircraft.

3. The Relevant Law

I refer you to EU Regulation 261/2004 („the Regulation‟) which clearly sets out the rights that consumers have in situations where they are booked on a flight with an EU based airline or which departs from an EU airport and their flight is cancelled or delayed.

Articles 6(1) and 9(1) of the Regulation provide that where a flight is delayed beyond a certain length of time, the passenger is entitled to a full refund of the cost of the flight:

Where reference is made to this Article, passengers shall be offered free of charge:

a) Meals and refreshments in a reasonable relation to the waiting time
b) Hotel accommodation in cases
- Where a stay of one or more nights becomes necessary, or
- Where a stay additional to that intended by the passenger becomes necessary
c) Transport between the airport and place of accommodation (hotel or other).”

Further, Article 7(1) of the Regulation provides that where a flight is cancelled, passengers are entitled to compensation as set out below:

Where reference is made to this Article, passengers shall receive compensation amounting to:

d) EUR 250 for all flights of 1,500 kilometers or less;
e) EUR 400 for all intra-Community flights of more than 1500 kilometers and for all other flights between 1500 and 3500 kilometers;
f) EUR 600 for all flights not falling under (a) and (b).”

In the cases of Sturgeon v. Condor (C-402/07) and Böck v. Air France (C-423/07) the European Court of Justice ruled that where a flight is delayed for over 3 hours, the passenger is entitled to compensation as if the flight was cancelled.

4. What is Required of You

I believe that under the Regulation I am entitled to full reimbursement of all reasonable food, travel and accommodation expenses which I incurred during the period of delay and compensation. I therefore require payment of the following:

Reimbursement of expenses £ 4.79 GBP (Copy of receipt attached)
Compensation € 250 EUR
Total Payment Required: €250 Euro + £4.79 GBP

In accordance with the Regulation I require this amount to be paid in cash, by cheque, or by electronic bank transfer.

If you maintain that the flight cancellation falls within the “exceptional circumstances” exception, I direct you to the case of Wallentin-Hermann v. Alitalia (C-549/07) which states that it is the responsibility of the airline to prove the “exceptional circumstances”. I put you to strict proof on this issue and I require you to provide me with copies of documentation and witness statements to evidence this.

I look forward to receiving your response.

Yours Sincerely

Replies

  • LoMaxLoMax Forumite
    24 posts
    Ryainair response by email....


    [FONT=&quot]19/04/2012[/FONT][FONT=&quot][/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Private and Confidential[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Mr[/FONT][FONT=&quot] Xxxx Xxxxx
    [/FONT]
    [FONT=&quot][/FONT][FONT=&quot][/FONT]
    [FONT=&quot]BRSDUB[/FONT][FONT=&quot][/FONT]
    [FONT=&quot]Our Ref. 494833/XXXXXX[/FONT]
    [FONT=&quot][email protected][/FONT][FONT=&quot][/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Dear Mr X,[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]I acknowledge receipt of your letter received in our office on the 16/04/2012.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot] On behalf of Ryanair, we sincerely apologise for the delay to your recent flight the FR505 from Bristol to Dublin on the 06/04/2012. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Unfortunately, this flight was delayed because of an unexpected safety/technical problem with the aircraft due to operate your flight. It was necessary to delay the departure of the flight until the fault was rectified and the aircraft was cleared for operation by our Engineering Department. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Ryanair is committed to providing punctual services for all passengers and continues to be the No. 1 on time airline in Europe with the fewest flight delays, as detailed in audited statistics issued by the UK Civil Aviation Authority. Notwithstanding the above, there are situations, which are outside of the control of an airline such as unexpected flight safety problems that affect the on time performance of our flight operation. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]We can assure you that Ryanair took all reasonable measures to prevent this flight delay, which was caused by an unexpected aircraft safety/technical problem (extraordinary circumstances). Please note that when flights are delayed for reasons outside of the control of an airline, monetary compensation is not applicable under EU Reg. 261/2004.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]EU261/2004 requires airlines to provide the Article 14.1 notice at the point of check-in and to distribute the Article 14.2 notice during a flight disruption. However, in order to ensure that the we are compliant with EU261 at all times Ryanair has for some time provided the Article 14.2 notice (in the relevant language) when passengers check in online. This gives them ample opportunity prior to their trip to review and to have access to the written notification of their rights at all times. The Article 14.2 notice is also attached to the email which is sent to all passengers following a flight cancellation giving access to free online rerouting or refund application.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Notwithstanding the above our airport handling agents at Bristol have confirmed that assistance was provided along with the distribution of the EU261 Article 14.2 passenger notice.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Below are the details of how passengers are advised of their rights under Article 14 of Regulation 261/2004[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]- The wording of EU261/2004-Article 14.1 is printed on each passenger's online boarding passes in the relevant language.[/FONT]
    [FONT=&quot]- At the point of check-in online all passengers are provided with a direct link to EU261/2004 Article 14.2 in PDF format[/FONT]
    [FONT=&quot]- Passengers confirm receipt of EU261/2004 Article 14.2 notice prior to checking- in on line. [/FONT]
    [FONT=&quot]- Article 14.2 notice is available on our website at all times[/FONT]
    [FONT=&quot]- A link to the Article 14.2 notice is included in our website flight disruption notices on https://www.ryanair.com[/FONT]
    [FONT=&quot]- A link to the Article 14.2 notice is included in the flight cancellation email sent to affected customers [/FONT]
    [FONT=&quot]- In addition the Article 14.1 is displayed at Ryanair Bag Drop Desks[/FONT]
    [FONT=&quot]- In addition the Article 14.2 is distributed by airport staff in the event of a flight cancellation or delay over 3 hours. [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]From our records we note that refreshment vouchers were issued accordingly to the time of delay. However we are in a position to consider reasonable receipted expenses incurred during this delay.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]We have received your claim receipts and wish to confirm that these have been assessed and passed to our Finance Department for payment and a cheque for 4.79GBP will be posted to you in full and final settlement of your claim.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]We do hope that this unavoidable disruption will not deter you from travelling with us again and we look forward to welcoming you on board a Ryanair flight in the near future.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]Yours sincerely[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]For and on behalf of [/FONT]
    [FONT=&quot]RYANAIR LIMITED [/FONT]
    [FONT=&quot]i_safe.gif[/FONT][FONT=&quot][/FONT]
    [FONT=&quot]_______________________ [/FONT]
    [FONT=&quot]Maciej Ostrowski [/FONT][FONT=&quot][/FONT]
    [FONT=&quot]Customer Services[/FONT]
  • Caz3121Caz3121 Forumite
    13.7K posts
    Part of the Furniture 10,000 Posts
    ✭✭✭✭✭
    you would be better posting on this thread http://forums.moneysavingexpert.com/showthread.php?t=47230
    you are currently in the Volcano chaos board and not sure if many people read this one
  • i liked this very much.... waiting for more
    BR
    Mariaakerry
  • LoMaxLoMax Forumite
    24 posts
    thanks for the replies...

    I have moved the thread to here...
    http://forums.moneysavingexpert.com/showthread.php?t=47230&page=77
  • What if you had a flight booked but didn't fly on the flight?
  • Caz3121Caz3121 Forumite
    13.7K posts
    Part of the Furniture 10,000 Posts
    ✭✭✭✭✭
    What if you had a flight booked but didn't fly on the flight?
    you were not delayed then
  • So Flybe are telling me that the reason for the delayed flight of four hours is that a hydraulics failure mean the plane had to divert before geting to the airport I was taking it from. And they state that this is considered an "extraordinary circumstance."

    True?
  • edited 15 January 2013 at 4:28PM
    y-o-r-k-yy-o-r-k-y Forumite
    19 posts
    10 Posts
    edited 15 January 2013 at 4:28PM
    Sorry wrong thread
  • BrandNew wrote: »
    So Flybe are telling me that the reason for the delayed flight of four hours is that a hydraulics failure mean the plane had to divert before geting to the airport I was taking it from. And they state that this is considered an "extraordinary circumstance."

    True?

    Its not really, if you think about it, its only a 4 hr delay so you should probably write back and say it is not really, its only a 4hr delay so how could it be an extraordinary circumstance...and tell them to let it rest. I think its a bit over the top calling it an extraordinary circumstance.
    Happy :)
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