Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson

Medis111 wrote: »

Thanks for your prompt reply.

I will not need to attend any hearings for this? Just want to know if all it is going to cost me is £80.

Thank you in advance.

The ESCP process is a simplified process that doesn't require either party to attend a court hearing. The hearing is a written one where the judge will make his/her decision based on the arguments and evidence submitted by both parties.
An oral hearing can be requested by either party but reason has to be given by the requesting party why this should be. If you do not ask for an oral hearing as the litigant in person, RA have to provide some compelling reasons why an oral hearing should be held. And....they will try to because they hate the ESCP and are desperate to try and get an oral hearing so they can try and get their legal team in front of the judge and try to bully the hearing....
Regarding the costs £80 is a ball park figure I gave, depending on the amount you are claiming (in line with the compensation applicable from the 261/2004 regulation) the ESCP has a pro rata scale depending on the amount you are claiming and the court costs for this.
Fees can be found if you google the ESCP procedure.

braininjury

Hi Guys

I have received the following response from Ryanair and not sure how to take next step, please help...

I acknowledge receipt of your letter dated 05/11/2013


I refer to your recent correspondence regarding the delayed departure of your flight FR2643 on the 16/04/2013 from Riga to London Stansted.

As the flight was delayed for reasons outside of the control of the airline (extraordinary circumstances), no monetary compensation under Article 7 of EU261/2004 is due. See an extract from Article 5(3) of Regulation (EC) No 261/2004:

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

Furthermore, when making your booking on Ryanair.com it was necessary for you to read and accept our General Conditions of Carriage which outlines the time limit for making claims against Ryanair (see below):

15.2 LIMITATION OF ACTIONS

Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

Given the above we are not in a position to issue you compensation as per your request.

I hope the above clarifies the situation

Dr_Watson

braininjury wrote: »

Hi Guys

I have received the following response from Ryanair and not sure how to take next step, please help...

I acknowledge receipt of your letter dated 05/11/2013


I refer to your recent correspondence regarding the delayed departure of your flight FR2643 on the 16/04/2013 from Riga to London Stansted.

As the flight was delayed for reasons outside of the control of the airline (extraordinary circumstances), no monetary compensation under Article 7 of EU261/2004 is due. See an extract from Article 5(3) of Regulation (EC) No 261/2004:

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

Furthermore, when making your booking on Ryanair.com it was necessary for you to read and accept our General Conditions of Carriage which outlines the time limit for making claims against Ryanair (see below):

15.2 LIMITATION OF ACTIONS

Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

Given the above we are not in a position to issue you compensation as per your request.

I hope the above clarifies the situation

Firstly I'm not sure where RA are coming from regarding their T's and C's and their claim that you are outside of the time limits for claiming given the dates you have posted.
Not that this claim is lawfully correct either...plenty of posts on this thread describing this...
You state that your departure was delayed....it is your arrival that counts but I presume you are still within the thresholds as per the regulation to make the claim you are pursuing.
It seems that RA haven't given you a reason for your delay apart from the generic 'extraordinary circumstances' quotation.
Are you aware of the reason why? Eg did the pilot give a reason why...
Anyway ...again I'm presuming you are a consumer based in the UK start legal proceedings using the ESCP.
Read my posts above yours and follow the links provided....

Vauban

I understand that contracting parties can agree, as part of their contract, to a shorter period of limitation. Ryanair has this in their T&Cs. I read the following:

Possibility of shortening limitation periods under English law

The general view taken is that parties may agree to reduce the limitation periods for breach of contract and negligence claims from those stipulated in the Limitation Act. Such an approach is very common in construction contracts. Shorter limitation periods will be subject to a reasonableness test under the legal provisions preventing unfair contract terms, however when the parties agreeing to the shorter limitation period are sophisticated commercial entities of equal bargaining strength then the courts are less likely to hold that the shorter limitation period is unreasonable.

In contrast with the English position, some legal systems – such as those in France or the UAE – do not allow contractors to shorten the limitation period in relation to claims for defects that affect the stability of the building or plant. In these systems decennial liability may make the contractor liable for a period of ten years for such defects regardless of any contractual terms.

JPears

Vauban wrote: »

I understand that contracting parties can agree, as part of their contract, to a shorter period of limitation. Ryanair has this in their T&Cs. I read the following:

However this is neither a breach of contract or claim for negligence. It is compensation under the EU regulation. I don't think a LiP would have much trouble persuading a judge that the terms and conditions of sale are unreasonable under the UTCC. In the same way that bank's T&Cs were deemed unfair.
To paraphrase - just becasue I wear a T shirt that says "I am going to punch you" doesn't make the assult any less unlawful.
Of course Ryanair love their T&Cs because they are all one sided!
And given your quoted dates braininjury, this part is irrelevant anyhows!

Dr_Watson

Vauban wrote: »

I understand that contracting parties can agree, as part of their contract, to a shorter period of limitation. Ryanair has this in their T&Cs. I read the following:

Evening Vauban,
Your second day with the smoky barrister due soon..?

Fair point given, question being did braininjury agree to any such shorter period of limitation?

Vauban

Dr_Watson wrote: »

Evening Vauban,
Your second day with the smoky barrister due soon..?

Fair point given, question being did braininjury agree to any such shorter period of limitation?

I suspect he ticked the box, yes ... Of course, JP is right that he could argue either that he's not pursuing damages (and I think it was the More judgement that clarified this in the context of Montreal - it's statutory compensation, not damages) or that the T&Cs are unfair. I'm not sure whether these arguments would wash or not.

I myself waltz with Monarch again a week tomorrow ...

Dr_Watson

Vauban wrote: »

I suspect he ticked the box, yes ... Of course, JP is right that he could argue either that he's not pursuing damages (and I think it was the More judgement that clarified this in the context of Montreal - it's statutory compensation, not damages) or that the T&Cs are unfair. I'm not sure whether these arguments would wash or not.

I myself waltz with Monarch again a week tomorrow ...

Good luck with your waltz next week....

Whether these arguments will wash ...quoting Article 15 of 261/2004 when submitting his/her evidence to court along with a copy of the More ruling should sort out braininjury's first obstacle.

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.

Next we'll concentrate on the generic EC..

Fletchasketch

Hi Guys,

Just a point for anyone whose claim has been dismissed by Ryanair on the basis of their 2 year limitation. I have recently placed a claim via Bott * Co who have advised that there will be a court hearing in March 2014 when many of these claims will be heard. Fingers crossed that they will get a judgement which finds the 2 year limitation invalid. Watch this space....

Starfighter_2

I claimed compensation for my Ryanair flight in MAY from Alicante to London Stansted. Total delay was over 12 hours and we recieved nothing but 8€ vouchers per person (company of 4). Ryanair claiming bird strike during landing phase.


I agree birdstrike is outside of airline control but how is possible such a long delay. Do airlines have mandatory spare airplane for such incidents?


What chances do I have with above claim?


Thank you in advance for any advice.


S.