Flight delay and cancellation compensation, Ryanair ONLY

user771

Thank you for your answers. It's been already confirmed by the court admin that there are no fees in addition to the 25 euros that I already paid. I live in The Netherlands but this shouldn't make much difference. Our flight was cancelled with 1 day notice due to a strike at the destination airport.

I suppose I can just ask Ryanair what the Terms and Conditions were back then as I found no way to get to a previous version.

JPears

I wouldn't bother trying to get previous T&Cs - RA wil have to rpovide this should it actualy go to court.

Presumably you have a similar small claims court system in the Netherlands?

user771

We do have a small claims here as well, but the flight was from Spain to Belgium, I'm not sure if there a dutch Ryanair subsidiary and if the T&C says I need to take them to court in Ireland then all this doesn't matter anyway.

JPears

Had Ryanair submited any defence to the Irish court?
The whole point of th ESCP is that it alows you to make a claim anywhere within the EU. Suggest you read DR Watsons link back up the page.

Dr_Watson

user771 wrote: »

We do have a small claims here as well, but the flight was from Spain to Belgium, I'm not sure if there a dutch Ryanair subsidiary and if the T&C says I need to take them to court in Ireland then all this doesn't matter anyway.

user771,
First hurdle you need to overcome is whether or not RA had within their T's and C's the term that claims against them can only be brought within an Irish court.
I suspect this would have been the case, find out your original booking and see if you can unearth this. If not I believe there are tools where you can ' wind back' the internet to a given date to see what was displayed on any given website but I'm not au fait with this, maybe others on here can help?

If the restriction is in place, choose an Irish court that is up to speed with ESCP and on your ESCP Form 'A' state that this court is within the domicile of the defendant.

If the restriction was not in place, choose a Dutch court that is up to speed with ESCP and on your ESCP Form 'A' state that this is within the domicile of the appelant.

Either way this satisfies the criteria for the ESCP which is designed exactly for this type of cross border claim within the EU.

Good luck and keep going.

user771

JPears wrote: »

Had Ryanair submited any defence to the Irish court?
The whole point of th ESCP is that it alows you to make a claim anywhere within the EU. Suggest you read DR Watsons link back up the page.

Their position is that they have no records of my call and that I hadn't given them a chance to re-route us. They also submitted evidence that there were enough seats on the flight next day at the time of boarding. I did call (phone log shows a 7 minute call) and I have a witness (my wife - not sure if that counts?) and at the time of the call the earliest flight the agent offered was 5 days later which I didn't accept. Their website offered the same as well, nothing earlier, even though they have multiple flights per day on this route. The flight I booked was on the next day, had they offered a Ryanair flight on the same day I definitely would have taken it. I'm not a fool to spend 1200 euros knowing in advance that it's going to be a fight to get this money back from Ryanair (or anyone else for that matter).

Dr_Watson wrote: »

user771,
First hurdle you need to overcome is whether or not RA had within their T's and C's the term that claims against them can only be brought within an Irish court.
I suspect this would have been the case, find out your original booking and see if you can unearth this. If not I believe there are tools where you can ' wind back' the internet to a given date to see what was displayed on any given website but I'm not au fait with this, maybe others on here can help?

If the restriction is in place, choose an Irish court that is up to speed with ESCP and on your ESCP Form 'A' state that this court is within the domicile of the defendant.

If the restriction was not in place, choose a Dutch court that is up to speed with ESCP and on your ESCP Form 'A' state that this is within the domicile of the appelant.

Either way this satisfies the criteria for the ESCP which is designed exactly for this type of cross border claim within the EU.

Good luck and keep going.

I already checked the wayback machine on archive.org, but couldn't find the old Terms and Conditions. Does it make a difference from my perspective if I choose an Irish court? I don't speak Dutch anyway... A page on citizensinformation.ie about the ESCP procedure (I'm not allowed to post links as a new user) says that oral hearings are done by a teleconference, if this is not the case and the arguments in post 3083 don't work either, I can withdraw again and restart at a Dutch court.

Dr_Watson

user771 wrote: »

I already checked the wayback machine on archive.org, but couldn't find the old Terms and Conditions. Does it make a difference from my perspective if I choose an Irish court? I don't speak Dutch anyway... A page on citizensinformation.ie about the ESCP procedure (I'm not allowed to post links as a new user) says that oral hearings are done by a teleconference, if this is not the case and the arguments in post 3083 don't work either, I can withdraw again and restart at a Dutch court.

user771,
The only difference it could make is where you potentially may have to attend to an oral hearing should the judge use their reserved right to ask for one.
As I have said, you can ask for a written hearing when you submit your Form "A' and I'd advise on this for anybody who doesn't fancy an oral hearing. But this doesn't mean that this is automatically granted. If the T And C's at your time of booking don't stipulate the Irish Court condition for litigants, I'd be using my nearest Dutch court that is up to speed with ESCP.
Good luck and keep going.

denz1968

Hi there,

Hope someone can guide me please.

We were on a RA flight out of Stansted to Malaga on 1st September. Departure time was supposed to be 7:25am
We boarded and was told bad news of delays due to French air traffic computer issue.
We eventually departed at 10:29 and arrived in Malaga (doors open) at 13:59. Scheduled arrival time being 11:20

So I am under the three hour window for compensation. However Ryanair did not offer us drinks etc at all in the three hours and four minutes we were late departing despite their website saying they would offer this.

Do I have a case for anything

Thanks

Caz3121

denz1968 wrote: »

So I am under the three hour window for compensation. However Ryanair did not offer us drinks etc at all in the three hours and four minutes we were late departing despite their website saying they would offer this.

if you purchased refreshments during the delay then submit copies of the receipts for reimbursement under duty of care. There is a link on their website

denz1968

Caz3121 wrote: »

if you purchased refreshments during the delay then submit copies of the receipts for reimbursement under duty of care. There is a link on their website

Thanks Caz,
I haven't got receipts, we were on the aircraft