Flight delay and cancellation compensation, Ryanair ONLY

111KAB

BashamandCo wrote: »

I mean proof that the flight was indeed delayed due to "bad weather", not proof I was on the flight.

Thanks anyway.

Anyone else have any information on this?

Go on flightstats and check other flights on same day.

BashamandCo

All flights leaving Zadar after the one I was on had minor delays (17mins, 16 mins, 24 mins, 47mins), is that proof enough from their perspective? Is it worth persuing?

111KAB

BashamandCo wrote: »

All flights leaving Zadar after the one I was on had minor delays (17mins, 16 mins, 24 mins, 47mins), is that proof enough from their perspective? Is it worth persuing?

Should be but I would suggest you also look at the flights prior as I'm sure you will appreciate the weather conditions before your flight departed are more important than those after

BashamandCo

All flights departing prior to mine were on time. All Ryanair arrival flights prior to my departure are stated as 'unknown'.

Is there a standard protocol to pursue in this instance? Or shall I write them a letter requesting proof that it was "bad weather" that caused my delay. Reading between the lines I presume that anyone requesting compensation will be fobbed off with this excuse with the hope it is not pursued further.

Dr_Watson

Dr_Watson wrote: »

I'll try and keep it short and to the point- I have posted on another board regarding using the CAA and the detail of my claim with Ryanair.
Me and my family were on a rerouted delayed flight by 3hrs 20mins last year. On return home I e mailed Ryanair for an explanation why and to claim under EU261/2004. I got the usual 'circumstances beyond our control' reply and told that no claim was valid. I further e mailed them to ask them for exact reasons for delay and got no response.
I contacted the CAA here in the UK and got a response saying that they would forward to the Spanish equivalent (AESA) as my flight had departed from Spanish territory. AESA contacted me to say that would investigate and reply in full once they had received a report from Ryanair and considered all the evidence.
Last week I received a letter from AESA stating that Ryanair had stated that the flight was delayed due to an 'unforeseeable safety shortcoming'. AESA also wrote that they had considered this and other evidence and that Ryanair were in breach of EU261/2004 and that I was due 400 euros compensation per person in my party. I forwarded this letter to Ryanair along with a letter stating that I would give them 14 days to pay the compensation or that I would use the European Small Courts to further process my claim.
They have been quick to respond here's their response to my letter and the AESA letter:-

'I acknowledge receipt of your letter dated 14th of March 2013.

Ryanair are now in receipt of the AESA's recommendation for the above claim.

I regret that on this occasion, Ryanair cannot comply with the board's recommendation, as we believe that their decision is outside the scope of the EU Regulation 261/2004.'

So my question is this:- do I move straight to proceedings using the European Small Claims procedure or shall I write to Ryanair again asking them to detail why they believe AESA's decision is out of scope of EU261/2004?
Any advice would be appreciated.

It's been a while in coming but today I received notice from the court that judgment was made in my favour in my claim against Ryanair.
Details are above about what occurred with my flight.

After great advice on these threads I used the ESCP to pursue my claim against Ryanair- blondmarks posts on this give detailed reasons as to why this should be your chosen route when taking Ryanair to court.
I'd like to post some advice about the ESCP and how Ryanair have played the game with this.

Firstly it does seem that a lot of courts just aren't aware of the ESCP process at all- my local court had never heard of it so I contacted the court at my nearest major city who were aware of the process.
After submitting my forms and fee I waited for any response from Ryanair. This didn't happen so I applied for a judgment by default to the court after the expiry date for response. Only after I had submitted this did the court reply that the default judgment couldn't be made because Ryanair had finally replied.

Despite the fact that Ryanair were around a month late getting their response in, the court accepted this.

Ryanair's response was based on an EC claim that they couldn't land their delayed plane from the UK to be used for my flight because of a refusal by the airport authorities in Spain to extend their nightly curfew. They claimed that such extensions are 'frequently granted'.
I can tell you that for the airport in question regarding my flight they are not and have evidence to prove this.

After receiving this response from Ryanair an allocation questionnaire was also received.
An AQ is not required for the ESCP route. I checked with a couple of experienced people on this forum that this wasn't needed so I contacted the court to ask why this was sent.
The clerk at the court told me that he had checked with the judge and that in fact an AQ was needed. Twice I got back in touch to say that it wasn't and eventually sent links to the ESCP and the simple forms needed so the clerk could show the judge.
Eventually it was conceded that an AQ WAS NOT NEEDED and a date was set for hearing and a date set for skeleton arguments to be submitted by.

After great help from an experienced couple of people on here my response was ready and I sent it in on time.....but something kept nagging me ...I wondered if Ryanair had sent any further 'defence' to the court. I rang the court one week after deadline day for submissions to be sent and nothing had been sent from Ryanair.
I rang the court again one week before the written hearing was to be held to be told that Ryanair had submitted a further draft of evidence.
Aghast I asked to be sent this ASAP.

In fairness this arrived the next morning and now Ryanair had admitted reasons for the delay from the UK for the incoming flight and ....wait for it ....quoted the list of EC's from the guidelines to the NEB's as part of their new evidence to court.
This threw me somewhat as this was the first I time I knew the reason for the delay to the outbound flight that was to be used to service my flight...
So up burning the midnight oil preparing an additional response to be submitted to court as soon as possible.
I was disappointed that the court had not sent me this as a matter of course - if I hadn't have asked I wouldn't have known about it.

Additional response sent in and fingers crossed time - and judgment arrived today.

A note about the NEB's.
In my case AESA investigated the case and asked Ryanair for a response as to their reasons why my flight was delayed. Ryanair did respond to AESA. After reading this defence and considering all other factors AESA did rule that compensation should be paid.
There is plenty on this forum about NEB's and some cases where the European NEB's have given ' default compensation should be paid' advice because they have not received any reply from the airline in question but courts have ignored this.
In my case I feel that the ruling from AESA did help my case - and was presented as a piece of evidence to the courts purely for the reason that it wasn't a default judgment. If you use the NEB's and receive this type of guidance in your favour- do use it as part of your evidence to court.

In my experience...
Ryanair play the very long game....
UK courts are not up to speed with the ESCP Process - you need to hold their hand...
ESCP is the way to sue Ryanair...
..and finally .. Help is always on here but do your own homework first and have a go...if you get stuck post on here and good people who only want to see you succeed will be on hand .
Thank you to those who have helped me...I'll try to continue to help others.

harry4444

I was taking a day trip to London from Belfast with the flight due to leave at 6.30am. We were eventually told that the pilots were out of flight time and that a new crew would be flown in and we might get away some time after 11am.
As our return flight was at 6.30pm this made it impractical to travel and we returned home without waiting for the flight.
I have no details of the date or flight number.. Can anyone advise.
Many thanks.

David_e

harry4444 wrote: »

I have no details of the date or flight number.. Can anyone advise.

You mean advise what date and flight you booked yourself on?

Or do you mean the legal position regarding compensation?

JPears

harry4444 wrote: »

I was taking a day trip to London from Be
I have no details of the date or flight number.. Can anyone advise.
Many thanks.

A pyshic will be along shortly

yvonnee

Hi
I am hoping someone can help me re Flight Birmingham - Tenerife 19 Dec 2010 FR1121. Has anyone made any claims re this flight. We sat on the runway for 5-6hours before they cancelled the flight completely. Yes we had bad snow but flights were going off around us. The Crew ran out of hours i believe and they did not want to pay for the airline to be de iced. In all of those hours they did not offer us any food or drink and although they transferred us to a flight going from Liverpool, they did not pay for food, overnight accommodation or getting us there. Please can someone advise what is my best plan of action. Many thanks

Lambino81

Hi All,

I've browsed through the forum to find an answer to my problem.
I've already decided to persue Ryanair for compensation following a 7.5 hour delay on our flight from Malta to Bristol.

Having sent Ryanair a letter asking for compensation under EC Regulation 261/2004, I've not heard anything at all, it's been a little over 3 weeks now.

What should be my next step? Write to the CAA or go directly to court?

Thanks,
L.