Flight delay and cancellation compensation, Ryanair ONLY

GemmaMcShane

My partner and I were flying home from Milan on 8th September, when we were ready to board and were told the flight had been cancelled. We ended up having to stay 2 extra days in Milan, and RyanAir were beyond useless at helping. We did not receive a thing from them - water etc. I submitted an EU261 Compensation & Expense claim and also a Disruption claim form a few days after we arrived home.

I have yet to receive any feedback from Ryanair. we had to pay +£250 for expenses for the additional two days, not to mention not getting home on time to return to work.

I understand RyanAir have sorted a lot of their winter flight cancellations & therefore I'm extremely disappointed and annoyed that I have yet to receive a reply.

Has anyone any advice?

Thanks

Tyzap

GemmaMcShane wrote: »

My partner and I were flying home from Milan on 8th September, when we were ready to board and were told the flight had been cancelled. We ended up having to stay 2 extra days in Milan, and RyanAir were beyond useless at helping. We did not receive a thing from them - water etc. I submitted an EU261 Compensation & Expense claim and also a Disruption claim form a few days after we arrived home.

I have yet to receive any feedback from Ryanair. we had to pay +£250 for expenses for the additional two days, not to mention not getting home on time to return to work.

I understand RyanAir have sorted a lot of their winter flight cancellations & therefore I'm extremely disappointed and annoyed that I have yet to receive a reply.

Has anyone any advice?

Thanks

Hi Gemma,

It's not unusual for Ryanair I'm afraid.

Have a read back through this thread, and some of the similar instances.

You can use Aviationadr, who are able to adjudicate on your claim...

https://www.aviationadr.org.uk

or

Go to post 569 on the Ryanair thread to read Dr Watsons excellent guide on how to sue them safely.

Good luck, and please keep us updated on your progress.

TMDaines

JPears wrote: »

Under the regualtion, you have the right to re-routing at a time convenient to you. Clearly a 3 day delay is unacceptable.
Have you quoted the relevant part of regulation 261/2004 in any correspondence (Articles 5, 8 and 9)?
It may be time to send your final demand (an NBA) and possibly with the completed ESCP papers (unsigned) showing your readyness to take legal action if no reimbursement is made within 14 days.
You are not due any compensation under reg 261/2004

How does this look for an NBA?

Dear Sir or Madam,

Re: Reimbursement claim for rerouting under comparable transport conditions after cancelled flight – NOTICE BEFORE ACTION
Booking reference: ABC123

Further to my letter on 30th November 2017, I have not received a satisfactory response to my claim for full reimbursement of rerouting costs after the cancellation of flight FR7545 on 10th October 2017. I am seeking reimbursement for rerouting under EC Regulation 261/2004 for this cancelled flight in line with Articles 5, 8 and 9 included at the end of this letter. These articles are explicit in outlining the passenger’s entitlement to the choice of re-routing, under comparable transport conditions, to their final destination at the earliest opportunity. At no stage have I elected for reimbursement of my original ticket, which has been unilaterally foisted upon me, and as you were unable to assist me at the time of the cancellation of FR7545, I was left with no alternative to make rerouting arrangements under comparable conditions manually, which was still with your airline.

I’m therefore still seeking a further reimbursement for the difference in cost between the original and rebooked flight tickets, which I’ve not yet received from the airline. The original flights on booking ABC123 cost £39.99. The rebooked flights on booking XYZ789 cost €93.83 (£82.54) per person. The outstanding difference between the two flights therefore is £42.55 per person. The total outstanding reimbursement is therefore £85.10 for all passengers.

Should you neither settle my claim in full nor provide a full and satisfactory defence to my claim within 14 days of the date of this letter, I reserve the right to issue legal proceedings through the European Small Claims Procedure (ESCP) without giving you further notice in writing.

Yours faithfully,




Relevant extract of EC Regulation 261/2004:

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.


Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

- a return flight to the first point of departure, at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.

Article 9

Right to care

1. Where reference is made to this Article, passengers shall be offered free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

- where a stay of one or more nights becomes necessary, or

- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

Tyzap

Hi Thomas,

You may also want to include this letter from, the CAA to Ryanair, with your NBA. It may just help to remind them of their responsibilities and that the CAA are still watching them.

http://caa.co.uk/uploadedFiles/CAA/Content/News/News_files/2017/Julisz%20Komorek%20Ryanair%20270917.pdf

A letter of complaint to the CAA, to show them that RA are still not complying with the regulations may also assist your case.

Good luck.

david_now

Hi,

I booked a cheap return flight with Ryanair from Newcastle to Majorca in October this year.

The flight out 4/10/2017 was fine.

The return flight FR2346 at 07:45 ( due Newcastle 09:35) on 10/10/2017 was cancelled.

I received a text with their sincere apologies at 14:11 on 9/10/2017.

I was directed to their website to rebook, but the web chat as well as the UK and Spanish helpline numbers were not accepting calls due to 'high call volumes'.

At 15:00 I then booked another flight on ryanair to Edinburgh , FR6657 12:10 on 10/10/2017. I paid
EUR 81.99 for the flight.


At 15:30 , ryanair sent me an email saying i could use their website to change my cancelled flight for free, but I had already booked and paid for a new flight.

The Edinburgh flight was then delayed but I eventually arrived in Edinburgh at 16:35 ( due 14:15) on 10/10/2017.

I took the bus to Edinburgh , train to Newcastle, arriving at 19:40.

Two questions -

Am I entitled to reimbursement of costs , i.e.
- taxi to airport ( my original transfer was no longer valid )
- cost of Edinburgh flight
- Bus / Train fares to Newcastle


Life is short , even if i am due the reimbursement , am I likely to receive it from Ryanair , or should I settle for their sincere apology ?

Thanks.

legal_magpie

Yes, you should pursue your claim. Given the short notice of the cancellation and RA’s incapability to arrange an alternative, you were entitled to use your own initiative to get home. You should claim compensation for the delay plus your additional expenses.

TMDaines

david_now wrote: »

Hi,

I booked a cheap return flight with Ryanair from Newcastle to Majorca in October this year.

The flight out 4/10/2017 was fine.

The return flight FR2346 at 07:45 ( due Newcastle 09:35) on 10/10/2017 was cancelled.

I received a text with their sincere apologies at 14:11 on 9/10/2017.

I was directed to their website to rebook, but the web chat as well as the UK and Spanish helpline numbers were not accepting calls due to 'high call volumes'.

At 15:00 I then booked another flight on ryanair to Edinburgh , FR6657 12:10 on 10/10/2017. I paid
EUR 81.99 for the flight.


At 15:30 , ryanair sent me an email saying i could use their website to change my cancelled flight for free, but I had already booked and paid for a new flight.

The Edinburgh flight was then delayed but I eventually arrived in Edinburgh at 16:35 ( due 14:15) on 10/10/2017.

I took the bus to Edinburgh , train to Newcastle, arriving at 19:40.

Two questions -

Am I entitled to reimbursement of costs , i.e.
- taxi to airport ( my original transfer was no longer valid )
- cost of Edinburgh flight
- Bus / Train fares to Newcastle


Life is short , even if i am due the reimbursement , am I likely to receive it from Ryanair , or should I settle for their sincere apology ?

Thanks.

Hi David,

If you read my rather lengthy posts, you will find that I am in exactly the same boat as you due to the same batch of cancellations on the same day due to the French air traffic control strike.

I had exactly the same problem as you as being unable to rebook flights with Ryanair's assistance due to their web chat and helpline being unavailable, so I too booked another flight through them manually.

I had no trouble with getting Ryanair to pay my expenses for an extra night's accommodation and meals, and for travel from Barcelona to Girona and then Liverpool to my home. They however refunded the cost of my original flights, instead of reimbursing the cost of my more expensive rebooked flights and they are refusing to comply, even though they should.

Like me, you won't be eligible for the additional, lucrative compensation, as the cancellation was due to a general strike, which counts as exceptional circumstances.

Xeorix

Hi All,

After some advice please as the information on Ryanairs site seems to contradict what everyone else says.

We were due to fly out from Manchester at 07:50 on Saturday to Brussels, however out flight was delayed for over 3 hours.

We were delayed around 30 minutes as they didn't have any deicing trucks available. We then got in the takeoff queue which took almost an hour. Just as it was our turn to take off, we taxi'd back to the gate as the deicer had worn off and we needed to refuel.
I will also add that every other aircraft in the queue had no problems taking off, and we were informed that the second deicing was not mandatory, just a precaution.

Every where i read seems to suggest that a delay of 3 hours has some sort of compensation for it, the Which tool says that there is compensation of 250eur, but then Ryanairs website only lets me select a delay over 3 hours and I chose to cancel.

Any advice?

jpsartre

You'll be fighting an uphill battle for compensation. Firstly, your flight landed 2h55m late so it would need to be the case that doors opened more than 5 minutes after landing. Secondly, Ryanair will no doubt deny your claim citing extraordinary circumstances.

TMDaines

Tyzap wrote: »

Hi Thomas,

You may also want to include this letter from, the CAA to Ryanair, with your NBA. It may just help to remind them of their responsibilities and that the CAA are still watching them.

A letter of complaint to the CAA, to show them that RA are still not complying with the regulations may also assist your case.

Good luck.

I attached the CAA's letter too and just got the same generic Ryanair response back after a few days, notifying that they were sticking by their original decision. Looks like I now need to spend a bit of time exploring the legal route.

Pursuing the ESCP route and reading Dr Watson's excellent post, the first thing that stands out is that I would need to pay £25 in UK court fees and potentially another 20+ Euros to send the Dublin Sheriff in to claim it.

If I were to win, would I be able to get these fees back along with the money owed? I know that I am only £80-odd out of pocket at the moment, but it is the principle of it. They are failing to fulfil their obligations and I cannot stick it to them any other way. Any boycott of their services would just mean cutting off my nose to spite my face!