Flight delay and cancellation compensation, Ryanair ONLY

JPears

Ha ha Dr Watson yo is da schizzel when it comes to RA and ESCP

Vauban

JPears wrote: »

Ha ha Dr Watson yo is da schizzel when it comes to RA and ESCP

Is schizzel a noun? I think it would be better as a verb. But whether Dr. W is it, or does it, I quite agree with you JP.:D

Mark2spark

Rahan wrote: »

Question to Dr. Watson, Vaubaun & JPears:

I read the other day that the Swords Small Claims Court has postponed their decision until early spring to see what the European Court of Justice will come out with regarding the "extraordinary circumstances".

Whilst I'm neither of the names mentioned I'll add my tuppence worth.
Just to be clear on this, - I mean this also applies in the UK for Jet 2 that are trying for further stays based on the Dutch case, you need to write to court objecting to the grant of stay saying that the question has already been answered in Wallentin, a 4th Chamber ECJ ruling that was also confirmed in Sturgeon.

Wallentin link: http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30d58753267b641d40a89a78cf67d8a314ad.e34KaxiLc3qMb40Rch0SaxuOc3z0?text=&docid=73223&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=262741

At point 42, the ECJ quite clearly say that it is up to the local court of the country that the case is being bought in, to establish *exactly what* amounts to extraordinary circumstances, and what doesn't. In the UK, the Court of Appeal has clarified this, across the board, with the Huzar ruling.

JPears

oops typo -da schizzal thang

I blame my tablet keyboard

Dr_Watson

JPears wrote: »

oops typo -da schizzal thang

I blame my tablet keyboard

'Da schizzal thang' , well thank you very much me thinks my good friend, can you translate into Yorkshire dialect tho?!

Rahan

@ all, sorry for those not included - many thanks for your help, I think the only way is through a "cousin" friendly English court, Happy Christmas and if I have any news I'll let you know.

Cheers,
Rahan

Pmcm_2

Hi,
We were delayed for over 3 hours in July, I wrote to RA and they replied with the standard letter stating it was exceptional circumstances. I then wrote to the AESA in Spain, who have today replied saying that they have investigated my complaint. They stated that they had received a statement from RA and found that the reason for the delay did not amount to exceptional circumstances and therefore the carrier should pay us compensation of 400 Euros each. They also state that a copy of the same letter has gone to Ryanair.
Can anyone offer any advice on what my next step should be? Should I write to Ryanair and ask for the compensation owed again? Or should I just start court proceedings?
Thanks in advance.

Dr_Watson

Pmcm wrote: »

Hi,
We were delayed for over 3 hours in July, I wrote to RA and they replied with the standard letter stating it was exceptional circumstances. I then wrote to the AESA in Spain, who have today replied saying that they have investigated my complaint. They stated that they had received a statement from RA and found that the reason for the delay did not amount to exceptional circumstances and therefore the carrier should pay us compensation of 400 Euros each. They also state that a copy of the same letter has gone to Ryanair.
Can anyone offer any advice on what my next step should be? Should I write to Ryanair and ask for the compensation owed again? Or should I just start court proceedings?
Thanks in advance.

Pmcm,
Exactly the same start to the process as what happened to me. If you haven't already, write to Ryanair again in the form of a NBA/LBA giving them the timescale you want for them to reply.
When they do not reply, or if they do it will say this `we cannot comply with the findings of AESA as we believe it is out of scope of the regulation`, then start court proceedings using the ESCP.
Go to my post 569, all is explained there.
And by the way, the response you have from AESA will form the basis of a good response when Ryanair submit their answer to court.
When this `answer ` drops through your letterbox, come back on here and the good people of the forums, and also myself, will guide you on how to rip it to bits (Legally speaking of course) !
Good luck, keep us informed and keep going.

Pmcm_2

Thats great thanks, I will let you know.

netg

Hi all,

Usual story RA delay, followed the advice here sent a letter and got the standard response! Our friends on the same flight did the same.

My question is, can I do a joint court claim with friends or does it have to be separate claims?

Thanks