Flight delay and cancellation compensation, Ryanair ONLY

Tyzap

Hi cbyoung007,

Please copy and paste your post onto the dedicated Ryanair thread here...

https://forums.moneysavingexpert.com/discussion/4384705

It keeps all RA questions in one place and prevents clutter on this forum.

Thanks in anticipation.

tbaile

Thanks! I checked on the Botts website and it said that the flight wasn't cancelled! So I've emailed to ask them whether they would take on the case.

Its actually the third flight I've had cancelled this year. The first was with an outbound flight with BA (the IT issues). They paid compensation within a week. Second a return flight with Flybe early in December (snow). They refunded the flight and paid the difference between our alternative travel cost and the flight cost, and paid our hotel costs. Now ryanair......

cbyoung007

Angry Ryanair Flight Cancellation September 2017
Myself and 3 other persons were booked on a return flight from Bratislava to Leeds Bradford on 15th September 2017
The lead passenger ( my partner) received a text message late on the night of the 14th September informing her that the flight was cancelled.(approx 14hrs before the published flight time)
All passengers paid to travel paying for Flex Plus Tickets.

We arrived at the airport 2.5 hrs before the planned departure time, only to be told by the Ryanair agent that the next available flight to Leeds Bradford with Ryanair was on the Monday 18th September,However it was fully booked, therefore the next flight was on Friday 22nd September one week away.

As one of the party had a hospital appointment on Monday 18th September we arranged a flight to Manchester from Vienna on Sunday 17th September thereby ensuring that we would at least be in the UK, the flights cost everyone in the party 474Euros each.
We then had to make our own way back to York costing £100 by train.

Ryanair have refunded the cost of their cancelled flights and paid statutory compensation under EU261/2004 rules. However they are refusing to pay for 2 nights hotel accommodation,meals and cost of Taxi from Bratislava to Vienna.

Can i now submit a claim for consequential loss through a small claims court?

Could you please advise

Thank You

Charles Young

Tyzap

Hi Charles,

This is what the regulations say should have happened when your flight was cancelled....

"Right to reimbursement, re-routing or rebooking in the event of denied boarding or cancellation.
Article 8(1) of the Regulation imposes on air carriers the obligation to offer passengers a triple choice, between (i) reimbursement of the ticket price36 and, in the case of connections, a return flight to the airport of departure at the earliest opportunity, (ii) re-routing to their final destination either at the earliest opportunity or, (iii) re-routing at a later date at the passenger’s convenience under comparable transport conditions, subject to availability of seats. As a general principle, when the passenger is informed about the cancellation of the flight and is correctly informed on the available choices, the choice offered to passengers under Article 8(1) is to be made once. In such cases, as soon as the passenger has chosen one of the three options under Article 8(1)(a),(b) or (c), the air carrier no longer has any obligation linked to the other two options. Nonetheless, the obligation to compensation may still apply according to Article 5(1)(c) in connection with Article 7.

The air carrier should simultaneously offer the choice between reimbursement and re-routing. In the case of connecting flights, the air carrier should simultaneously offer the choice between reimbursement and a return flight to the airport of departure and re-routing. The air carrier has to bear the costs for re-routing or a return flight, and must reimburse the costs for the flight borne by the passenger where the air carrier does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity. Where the air carrier does not offer the choice between reimbursement and re-routing and, in the case of connecting flights, reimbursement and a return flight to the airport of departure and re-routing, but decides unilaterally to reimburse the passenger, he or she is entitled to a further reimbursement of the price difference with the new ticket under comparable transport conditions.
However, where an air carrier can demonstrate that when the passenger has accepted to give his or her personal contact details, it has contacted a passenger and sought to provide the assistance required by Article 8, but the passenger has nonetheless made his or her own assistance or re-routing arrangements, then the air carrier may conclude that it is not responsible for any additional costs the passenger has incurred and may decide not to reimburse them."

I suspect that the underlined section is what RA will use as their defence to avoid repayment. Mostly there is no audit trail available to prove what has been said in the airport during the mayhem surrounding a cancellation, particularly when abroad. This adds a layer of difficulty to any claim.

Please follow the advice in my signature below, read Vaubans guide and follow the links therein to the EC261 regulations.

As you can also see by reading further back in this RA thread, claiming is always made as difficult as possible.

None-the-less, you are entitled to the additional costs of getting yourselves home after being abandoned by RA. However, you would have to use the European Small Claims Procedure (ESCP). Luckily Dr Watson has written a super guide which you can find by going to post 569 on the Ryanair thread and read how to sue them safely.

Good luck.

legal_magpie

I would pursue a claim based on what you actually paid out to get home less the cost of the original flights. The aim of the Court is to put you in the financial position you would have been in had Ryan Air not Cancelled. Can you explain why you couldn’t get a flight sooner. And how would you have got from Leeds/Bradford back to York? If by taxi, it’s the extra cost. Also you will have to show that, faced with Ryan Air’s breach, you did all that you could to keep expenses down.

CyC2018

Returning to Leeds Bradford Airport from Malaga on 11 December our flights FR2447 was delayed by 3 hours 40 minutes due to technical problems which caused us to change planes on Malaga runway. I have submitted a claim via Resolver. Ryanair have rejected the claim saying the flight was delayed due to snow at Leeds Bradford Airport. There was indeed snow at LBA on the morning of 11 December but this was not the reason for FR2447's delay. Ryanair have said this is their 'final position' and if I am unhappy I should take my complaint to AviationADR.

I have emailed Ryanair to give them another chance to settle as I am sure the change of plane in Malaga cannot be put down to snow in Yorkshire! But should I just go ahead and take my case to AviationADR? It seems a quite straightforward process.

Tyzap

Hi,

Please copy and paste your post here....

https://forums.moneysavingexpert.com/discussion/4384705

We try to keep each airline in one place rather than hundreds of separate threads.

Thanks.

CyC2018

Returning to Leeds Bradford Airport from Malaga on 11 December our flights FR2447 was delayed by 3 hours 40 minutes due to technical problems which caused us to change planes on Malaga runway. I have submitted a claim via Resolver. Ryanair have rejected the claim saying the flight was delayed due to snow at Leeds Bradford Airport. There was indeed snow at LBA on the morning of 11 December but this was not the reason for the delay. Ryanair have said this is their 'final position' and if I am unhappy I should take my complaint to AviationADR.

I have emailed Ryanair to give them another chance to settle as I am sure the change of plane in Malaga cannot be put down to snow in Yorkshire! But should I just go ahead and take my case to AviationADR? It seems a quite straightforward process.

Tyzap

Hi CyC2018,

Yes, it's time to approach AviationADR.

I agree that RA seem to be using the problems at LBA earlier as an excuse. I can see that there were aircraft arriving and departing LBA from 11am (when I started looking), so the airport was not closed but maybe slightly restricted.

Given that your aircraft was changed, weather at LBA could not be the problem. If your aircraft had not arrived because it was trapped at LBA it may have been different.

Good luck.

tboo

My daughter and her bf were delayed at Stansted - the plane arriving had a medical emergency on board so they were delayed for 1hr in the departure lounge, the passengers were then allowed on board but were then delayed for a further 5 hrs on the plane.
No drinks or food were offered or any explanations for the delay.

How do you obtain the reasons for the delay, I have tried to google it but can't find it - I do realise it may be false.
The delay has been logged as 5hrs 59 mins on 1 site (flightright).

Do they have a chance in claiming?
Any help will be appreciated.
Stansted to Krakov
flight - FR2432
8.35 to 11.55
27/12/17