Flight delay and cancellation compensation, Ryanair ONLY

goodwithmoney101

Sorry, since posting below, I just found Blondmark's following very helpful post (http://forums.moneysavingexpert.com/showpost.php?p=60630435&postcount=194) outlining my next step, so I will respond accordingly. One question though - does my response have to be sent via the Scottish Court or do I reply directly to Ryanair?

Hello,

I submitted a European small claims action against Ryanair via a Scottish court and have today received a reply from Ryanair stating that the claim is not valid because a 2-year limitation applies to all claims.

I was under the impression that a 5-year limitation applies to all such claims in Scotland and that if I submitted a European small claim via a Scottish court, Scottish law would apply for the purposes of determining the relevant time limit? As I understood it, a company can't override such statutory law by specifying a shorter time-frame in its T&Cs, but according to Ryanair's (very detailed) reply, it clearly can.

The following in an excerpt from their rejection letter - is anyone able to advise?

Many thanks

"15.2 LIMITATIONS OF ACTIONS

Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

The above provision was/is not only integral and self-standing within the General Conditions as accepted by the Claimants but seeks to achieve uniformity with the provisions of the Montreal Convention 1999 ('the Convention') which enables states party to such convention (including the United Kingdom and all other European Union countries) to have their air carriers offer uniformity across the field of international carriage by air, including but not limited to standard limitation periods for claims. However, there is no cross-reference within this provision to the Convention and therefore Article 15.2 is self-standing and applies here. The present Claim was, as a fact, issued on ________, almost five years after the matters which gave rise to this complaint. It is therefore submitted that the Claim is ‘time-barred’ and that this Claim should, with respect, be dismissed by the Court. On this matter please see the operative part of the persuasive judgement of District Judge Mitchell rendered in the Colchester County Court on 3rd May 2012 in the matter of Clissold v Ryanair Limited together with the Philip Lee (Irish Counsel’s) Opinion prepared in the context of unrelated proceedings.”


(insert partial transcript of judgement in Clissold v Ryanair on 3rd May 2012)


(insert very detailed 11-page report from Philip Lee on why the 2-year limitation is valid)

irok20002

I'm really sorry if this is somewhere but I've read through the entire thread and I have no idea where I am supposed to send the first complaint.
Should I email ryanair or post a letter and where should I send it to?

Their website seems to be quite evasive on the subject trying to make it out that I should have accepted a refund or booked on a different flight at the time instead of waiting.

Thanks for any help

JPears

Not that we didn't know it already, but look at the lengths this s*****r goes to:
http://www.independent.co.uk/news/uk/home-news/you-thought-ryanairs-attendants-had-it-bad-wait-til-you-hear-about-their-pilots-8621681.html

Fletchasketch

irok20002 wrote: »

I'm really sorry if this is somewhere but I've read through the entire thread and I have no idea where I am supposed to send the first complaint.
Should I email ryanair or post a letter and where should I send it to?

Their website seems to be quite evasive on the subject trying to make it out that I should have accepted a refund or booked on a different flight at the time instead of waiting.

Hello, I sent my first complain to the address below: Ryanair
Customer Service Department,
P.O. 11451,
Swords,
Co. Dublin,
Ireland.


There is a template you can use if you follow the link in the first page.

http://forums.moneysavingexpert.com/showpost.php?p=52724599&postcount=1536

However, I sent this letter over three months ago, along with accompanying complaints on the website and have still had no response, so be prepared for that.

I think the next step will probably be to send a European Track small claim, but I'm inclined to wait until a few more people have had success before doing that.

Good luck!

ingy63

new to this too ...
I was on a Ryanair flight nearly 3 years ago - over 6 hours delay and usual crap Ryanair customer service.
Now I can find out the flight number and probably booking ref number but as I don't keep my boarding passes how on earth do I prove I was on that flight ??
thanks to anyone who can enlighten me.
x

richardw

ingy63 http://www.ico.org.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data

Gorbar

We received the cheque this morning for our delayed flight from Tenerife on 1st May. Painless

Fletchasketch

Gorbar wrote: »

We received the cheque this morning for our delayed flight from Tenerife on 1st May. Painless

Hi Gorbar, did you send your original letter to

Customer Service Department
PO Box 11451
Swords
Co Dublin
Ireland ?

This is where I sent mine to and have had no response at all, starting to wonder if it's gone to the wrong place!

Gorbar

Fletchasketch wrote: »

Hi Gorbar, did you send your original letter to

Customer Service Department
PO Box 11451
Swords
Co Dublin
Ireland ?

This is where I sent mine to and have had no response at all, starting to wonder if it's gone to the wrong place!

Yes that is correct. I sent it by airmail on the 2nd, e mail saying they would pay on the 8th. Reason for the delay, pilot rang in sick.

Fletchasketch

Thanks very much. Not sure how much more I can do given that they ignored my first letter, postage to Dublin is not cheap! Well done on your succesful claim.