Flight delay and cancellation compensation, Ryanair ONLY

blondmark

This information has been redacted

Mark2spark

Yes I should have chose my words more carefully, sorry if I misled.

goodwithmoney101

blondmark wrote: »

Just to clarify how the European Small Claims Procedure (Form A) works, any consumer from any European state can bring a claim in his or her own country against an airline based in any other European state. So in this case, the correct court to issue a claim from a Scottish national to an Irish company is in Scotland.

Pity I didn't notice that posting earlier as this claimant could have issued proceedings without full notice in order to come within the 5 year limitation in Scotland. However, if issued in Ireland under Irish law, still under the European Small Claims Procedure, then the national law of Ireland applies, and that is 6 years.

Thanks Blondmark, I will intiate the court claim a few weeks before the 5-year limitation expires in Scotland. Hopefully as Centipede100 states below this means it will not become time-barred, even if the claim is heard by the court after the 5th anniversary expires. I will double-check with my local sheriff court though - if they advise otherwise I will try to follow your advice and issue in Ireland under the EU small claims procedures in order to benefit from an extended 6-year limit.

Centipede100 wrote: »

1 By lodging the legal claim at the sheriffs court as soon as the 14 days is up, you have started your claim before the 5th anniversary and before it would be time barred IMO.

2(a) Thats fine
(b) So long as both passengers are named as claimants in the claim then that ought to be fine.
3 Standard interest of 8% from date of delay to date of legal claim plus 0.219% daily interest until claim settled.

Thanks Centipede100, what would we do without you...

Rydan

Rydan wrote: »

We left Gran Canaria on Ryanair flight FR6699 on 23/02/13 at 06:44. Scheduled take off was 06:25. 40 minutes prior to landing we were advised that we were being taken to Prestwick instead of Edinburgh due to 'a technical issue'. We were told that a plane was ready to take us on the Edinburgh and that the whole process would take less than an hour (even though we had to disembark, collect luggage and check back in). We landed at approx 11:15, checked in and waited in departures for further advise. We were then told at approx 13:15 that the flight had been cancelled and that buses were being arranged to take us to Edinburgh. The earliest time that they would arrive was 13:45, although the airport member of staff didn't really expect them to arrive by then. The journey by bus, we were advised, would be 2 and a half hours. We could not afford to wait for this arrangement as we would have missed our train from Edinburgh, we therefore chose to leave and pay for an additional train journey from Prestwick to Carlise (where we could then pick up with our intended journey). As the flight is showing as having been cancelled and we would not have arrived to the scheduled airport until at least 5 hours after the scheduled arrival time are we due compensation? We were left completed stranded and received absolutely no assistance from Ryanair whatsoever. No passenger notices were issued and no mention of food or refreshement vouchers were made, even though we were now exceeding 2 hours. The air stewardess had told us that they were flying us (rather than a bus as a passenger suggested) because they also needed to return to Edinburgh with an aircraft in order to take the 11:50 flight back to Gran Canaria. A check on the internet shows that this flight took off from Edinburgh at 14:00, yet we were still likely to be in Prestwick at this time, certainly no where near Edinburgh. I have not been able to find any details regarding a similar circumstance and, therefore, am interested in your thoughts regarding my rights to compensation. It was announced as a cancelled flight and the various websites confirm this.

I have received the following reply:
I acknowledge receipt of your letter dated 02nd of March 2013.

On behalf of Ryanair, we sincerely apologise for the diversion of your flight the FR6699 from Gran Canaria to Edinburgh on the 23rd of February 2013. Unfortunately, this flight was diverted due to an unexpected safety/technical problem with the aircraft due to operate your flight.

Ryanair is committed to providing on time services for all passengers and continues to be the No.1 on-time airline in Europe with the least flight disruptions; as detailed in audited statistics issued by the UK Civil Aviation Authority.

Notwithstanding this, there are situations outside of our control such as unexpected safety/technical problems that affect our flight operation. We sincerely regret that this flight was one of the occasional flights disrupted.

Our Operations Department has confirmed that surface transportation was organised for all the passengers on this diverted flight to their original destination, and as such we are not liable for any alternative transportation costs you might have incurred.

However, we are in a position to reimburse any incidental expenses you may have experienced prior to reaching your destination.

In light of the above, I would be grateful if you could forward your meal and refreshment receipts to me at the above address for reimbursement.

Once again we sincerely apologise for the unavoidable disruption to your flight schedule.

We can assure you that Ryanair took all reasonable measures to prevent this diversion which was caused by 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.


They have not provided me with responses to my questions asked I.e what was the technical issue? Why did we not receive passenger notices advising us of our rights? What measures did they take? Also, they suggest that it was a technical issue with the aircraft due to take us - we were already on it!!
What do you suggest I do? The alternative transport was a bus and surely therefore not comparative, also, we would have reached the destination 5 hours late. Your thoughts are much appreciated.

blondmark

This information has been redacted

jsmac

I have received Ryanairs standard "limited to 2 years" response for a 18 February 2008 flight delayed from Lübeck Blankensee to London Stansted for 3.5 hours. I am now collating the relevant court judgements that maintain that time limits for claims are determined by the statutory limit of each member state and including them in my follow up letter.

My question is this: Should this follow up letter be a 'Notice Before Action' or simply another letter claiming compensation?

Many thanks.

blondmark

This information has been redacted

jaycee1959

I booked to go to Rhodes with my family in 2011 our outbound flight from Liverpool was delayed by 3 hours due to a strike in Rhodes, on the return journey we had gone through check in and been waiting for hours in the departure lounge when our flight number disappeared off the board We were not told our flight had been cancelled We found out off passport control that it it was. We received no advice or refreshments I had to ring Ryan air direct to find out what to do and was told there where no flights for another week! I was informed I would get a call when they knew about an alternative flight. I had to arrange accomodation for my family and use creditcard to pay for food and hotel, I also had to pay for a taxi back to our resort. A new flight wasnt arranged til the next day. So it was another taxi back to the airport We were told that the cancellation was due again to the strike but was told by airport workers that all other flights had taken off that day and they didnt know why Ryan Air's was cancelled. Do I have a valid claim against Ryan air?

blondmark

This information has been redacted

Mark2spark

Blondmark, in a case such as above, can Form A procedure be used to claim for both EU261/2004 compensation, as well as the reasonable costs incurred for hotels/taxis & meals?
Claim together on one claim I mean.