Flight delay and cancellation compensation, Ryanair ONLY

Vauban

SuperReds08 wrote: »

Just to (hopefully) finish this story, I wrote again to Ryanair with the questions above and have received a letter confirming that they will be settling within the next 10-15 days.

I am assuming at this stage I will receive the funds so just wanted to thank those who went out of their way to respond to my questions and help me though this. :beer:

Congrats - excellent result!

blondmark

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blondmark

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Monsieur_Abeille

blondmark wrote: »

Just a quick pointer on this ...

Both Irish law and German law have no application to this dispute. Because you are a consumer based in England, the law of England and Wales has sole jurisdiction.

The Brussels Regulation provides that a contract between a business (Ryanair Limited) and a consumer (you) cannot deprive the consumer of the protection of the laws of the country in which s/he has her/his habitual residence (i.e. England).

This is echoed in the E-Commerce Regulations 2002 which, while providing for a "country of origin" principle meaning that suppliers will only be liable in their home jurisdiction, specifically excludes consumer transactions from such protection.

This means that Ryanair will be obliged to meet all of the legal requirements relating to the sale of services of the type being sold in the country you are domiciled in. Therefore any argument they raise which relates to Irish law or German law is entirely irrelevant.

Thank you very much for these pointers, and to Vauban for the previous link - this stuff is gold dust to us uninformed types!

Blondemark - there will definitely be a tangible thank you for you if I do win this (hearing due early July).

blondmark

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Rydan

Having received my initial response from ryanair (earlier in this thread) I wrote and asked for further information regarding the extraordinary circumstances. Their response is as follows:-
I acknowledge receipt of your letter dated 02nd of March 2013.

On behalf of Ryanair and once again, we sincerely apologise for the diversion of your flight the FR6699 from Gran Canaria to Edinburgh on the 23rd of February 2013.

Whilst we sympathise with your view, we regret that our position as set out in the letter dated 12th of March 2013 remains unaltered.

As previously explained, we are in position to reimburse any incidental expenses you may have experienced prior to reaching your destination; therefore I kindly request you to submit your receipted expenses for our consideration.

Regarding your request for additional information, unfortunately the technical logs, engineering work orders and flight information are company confidential information and as such, we are not in position to forward you a copy of the same.

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.

We are sorry that we cannot be of further assistance with regards to this matter.

Surely they have to advise me of what the technical problem was? Is this a further breach? How can I decide whether or not I have a case without this information? What should my next action be? Form A in my local court?
Many thanks

richardw

Does article 5.3 of EU reg EC261/2004 clarify the airline's obligation?

Rydan

It does state that they have to prove it doesn't it. Is that what you mean?

Vauban

Rydan wrote: »

It does state that they have to prove it doesn't it. Is that what you mean?

It really doesn't matter. They've shot themselves in the foot refusing to engage you constructively, meaning court action is justified. Perhaps just one more letter - a formal NBA - before you start the process. Naughty, naughty people.

richardw

Rydan wrote: »

It does state that they have to prove it doesn't it. Is that what you mean?

Exactly, but see Vauban's post.