Flight delay and cancellation compensation, Ryanair ONLY

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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    These restrictive practices imposed by Ryanair seem to breach article 15, which says...

    Article 15
    Exclusion of waiver
    1. Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.
    2. If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation.
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  • JPears
    JPears Posts: 5,086 Forumite
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    Well spotted.
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    The alleged Ringleader.........
  • tkullman
    tkullman Posts: 10 Forumite
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    Hello all.

    Apologies if covered briefly already. I have two main issues: the first ryanair have rejected my eu261 claim. The second, ive found myself in this ADR mess and cant seem to get through to them!??

    My claim: 3h 18min late and +1500km away. Plane which we needed to fly home, got diverted elsewhere due to wind, before we couod board at our airport. Therefore we incurred delays as it had essentially added a stop on its journey before we joined it for our route home. Bott solicitors says there is case law over INDIRECT knock on effects and we should be in for a claim.

    Ryanair reject, no explanation given. Adr are a nightmare, cant get through to them.

    Please could i have some advice on how to proceed or which means of contact to go down. Is it worth using a no win no fee firm?

    Pulling my hair out! Foolishly thought i would have 600+ euros before the end of tje month!

    Yours, a clueless air law newbie.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    tkullman wrote: »
    Hello all.

    Apologies if covered briefly already. I have two main issues: the first ryanair have rejected my eu261 claim. The second, ive found myself in this ADR mess and cant seem to get through to them!??

    My claim: 3h 18min late and +1500km away. Plane which we needed to fly home, got diverted elsewhere due to wind, before we couod board at our airport. Therefore we incurred delays as it had essentially added a stop on its journey before we joined it for our route home. Bott solicitors says there is case law over INDIRECT knock on effects and we should be in for a claim.

    Ryanair reject, no explanation given. Adr are a nightmare, cant get through to them.

    Please could i have some advice on how to proceed or which means of contact to go down. Is it worth using a no win no fee firm?

    Pulling my hair out! Foolishly thought i would have 600+ euros before the end of tje month!

    Yours, a clueless air law newbie.

    Hi tkullman,

    This is not going to be a straightforward process as Ryanair have recently had a spat with the CAA and as a result they have withdrawn from the voluntary ADR scheme. That probably explains why you have not been able to communicate with them.

    It would be helpful if you could go into more detail about what happened, where and when as I suspect that something similar may have already occurred.

    You probably fall into the €400, not €600, compensation bracket.

    I don't believe any NWNF firms will take on your case as Ryanair have now specified in their T's and C's, that it must be dealt with in a court within the R of I.

    Have a read of the following from the CAA website and then follow the embedded link....

    https://www.caa.co.uk/News/UK-Civil-Aviation-Authority-begins-enforcement-action-against-Ryanair/

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • tkullman
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    Cheers for the reply!

    Details: Was meant to get the 1730hrs flight from Palma to stanstead on return leg of our journey. At about 1700hrs, we were informed our plane we were due to catch, could not land and diverted to Valencia. This was due to strong winds. There was then a delay, eventually our plane made it to palma and then we got to london 3hr 18m late. Of note, other planes were landing/taking off throughout the delayed period at Palma! Much to the confusion and annoyance of everyone else.

    The argument will be, we remained in palma for a long time due to there being no contingency on their part on something that wasnt EXTRAORDINARY or unforseen. Ive seen the macclesfield 2013 case which isnt identical but is similar.

    Thanks for the links; i will read up.
  • Justice13075
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    Palma to Stanstead is 1384km which means if you are due compensation it will only be €250 per person.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    tkullman wrote: »
    Cheers for the reply!

    Details: Was meant to get the 1730hrs flight from Palma to stanstead on return leg of our journey. At about 1700hrs, we were informed our plane we were due to catch, could not land and diverted to Valencia. This was due to strong winds. There was then a delay, eventually our plane made it to palma and then we got to london 3hr 18m late. Of note, other planes were landing/taking off throughout the delayed period at Palma! Much to the confusion and annoyance of everyone else.

    The argument will be, we remained in palma for a long time due to there being no contingency on their part on something that wasnt EXTRAORDINARY or unforseen. Ive seen the macclesfield 2013 case which isnt identical but is similar.

    Thanks for the links; i will read up.

    What date was this on?
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  • tkullman
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    28th feb: FR8387
  • jpsartre
    jpsartre Posts: 4,085 Forumite
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    tkullman wrote: »
    Bott solicitors says there is case law over INDIRECT knock on effects and we should be in for a claim.


    Have you considered getting Bott to take the case on? I've used them before and have no complaints about them. Unless Ryanair are lying about the cause of the diversion I'm less sure there's a claim here. You'd essentially have to argue that it is reasonable to expect Ryanair to have backup aircraft and crew ready to go at Palma. For that reason I'd be inclined to use Bott as there's no cost.
  • Justice13075
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    I stand to be corrected, but Bott & Co won't take on any Ryanair delays as the terms and conditions of Ryanair say they can only be sued in the Irish courts. I know Bott & Co are challenging this in the courts but as far as I am aware there is no news on that yet.
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