Flight delay and cancellation compensation, Ryanair ONLY

lloydrich

Hi all,

Just after some advice - Last Tue i missed my early morning flight from Berlin to London and took a later flight that day after paying a missed departure fee. The flight ended up being delayed by over 5hours due to a technical fault (can't quite remember but i believe they had to fly technicians from Stansted to make the repairs).

Now, i am little confused which is the best way to take this further; going to ryanair direct, using resolver or one of those flight claim firms? I can just see getting any success against Ryanair will be similar to turning lead into gold! Also. am i able to reclaim the price of the air ticket, food/drink during the waiting period in addition to the EU set compensation amount?

Oh, and please any other advice anyone has would be most welcomed!

Big thanks!

PS- Noob question, but where is the FAQ and Vauban's Guide located at?

111KAB

Simple Google for VG tips > https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf

geoffreytro

I wrote to RyanAir on four occasions with no response. I referred my case to the AESA who advised in a letter that the air carrier did not provide a report and the agency considered my flight was cancelled. I was therefore entitled to assistance (meals, hotel etc) and compensation. :jAESA advised they were sending the letter to the Carrier (RyanAir) and, in the final paragraph, AESA advised that they consider the complaint closed.


After still no response from RyanAir I initiated the ESCP in Swords district court, County Dublin. I considered the AESA letter had crystallised a debt which I was planning to enforce using the ESCP.


RyanAir’s solicitors offered to settle on expenses (“assistance”) only however I considered my debt was crystalised by the AESA ruling and I wished to enforce the assistance and compensation. Interestingly the solicitors suggested “you may use the AESA report as evidence however the court is not bound to hear it”. :shocked:


The solicitors responded to the claim and suggested that they did not receive AESAs original communication and responded when they received the report closing the complaint. They attached this response to the AESA to the court. However I can only assume that AESA were consistent with their ruling that considered the case closed. They did not act further i.e. I did not receive anything from AESA other than the abovementioned letter resolving on my favour and closing the case.


In RyanAir’s response to the Court they cited extraordinary circumstances and the Swords district court dismissed my claim.


I was not requested to attend the small claims court which is an advantage of the process, notwithstanding RyanAirs solicitors suggested I would be required to attend.


The current position is my case is dismissed and I received neither assistance nor compensation. I am considering my next steps.

Vauban

I thought ESCP cases were heard in English courts, rather than Irish ones: indeed, that's the point of it.

Did you follow Dr. Watson's extremely helpful guide on how to navigate this unusual process? If your claim has been dismissed, you need either to appeal or let it go. But now you're in the Irish court system, it's way beyond my understanding I'm afraid.

Tyzap

It sounds like something may have gone wrong here, however, all is not lost as there is an appeals procedure if you think your case has been dealt with incorrectly. Have a further read of Dr Watsons guide, if you haven't already.

http://forums.moneysavingexpert.com/showpost.php?p=64457359&postcount=569

Much will depend on the details of your case and whether the experienced opinion suggests the judge has erred or not, which we are not privy to at this point. Dr Watson is our resident expert on the ESCP system so no doubt he will have an opinion.

If RA claimed the cause was an EC, and the judge agreed, you should still receive a duty of care from the airline resulting in payment of your expenses had you claimed them correctly.

In my own court case the judge stubbornly refused to be swayed by the findings of AESA, he dismissed the evidence and reasoning they had supplied without due consideration. So what happened to you is not wholly unusual, unfortunately.

Good luck.

Dr_Watson

geoffreytro,
Ryanair rarely respond to AESA so nothing new there. Like Tyzap states you do not state the reason why your flight was allegedly cancelled, so it is hard to make a consideration on the decision by the judge in your case.
It sounds like you have negotiated ESCP fairly well and the case was heard in a court of your choice (but not your member state), and you benefitted from not having to attend a court hearing.... Although from experience being there to present your argument can have its merits and maybe would have helped for you.
Of course you have the right to appeal and the process is simple enough for this, remember though that no new evidence from either party can be submitted for consideration.
Is your case worth an appeal? I don't know, but if you place some more facts on here, some very learned people on the subject would give you their opinion.


Good luck and (maybe) keep going.

mariannes39

Hi
I put in a claim last September using resolver, today I finally had my first offer from Ryanair. I now have to decide to accept or decline. They have offered €250 there was 5 of us can anyone advise if this is a good offer or if I should decline. Many thanks

JPears

mariannes39 wrote: »

Hi
I put in a claim last September using resolver, today I finally had my first offer from Ryanair. I now have to decide to accept or decline. They have offered €250 there was 5 of us can anyone advise if this is a good offer or if I should decline. Many thanks

Hi,
flight details -departure/arrival amount of delay?
The compensation should be 250 - 600Euros each depending on the length of your flight and the delay.
Read Vauban's most informative guide for more information. (google it)

Doinfine

I suspect not - ha ha

mariannes39

We was 3.5 hours delayed no food or water offered. No vouchers. Trapped on the plane! Going from Manchester to Barcelona. I thought it was 250 each but when they offered €250 I thought I'd maybe got it wrong!
I'll give the guide a read thank you!