Flight delay and cancellation compensation, Ryanair ONLY

edited 13 October 2017 at 12:22PM in Flight Delay Compensation
3.7K replies 624.4K views
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  • David_eDavid_e Forumite
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    What chances do I have with above claim?

    On the specifics of "birdstrike" a forum search yields 33 links.

    All the general stuff is covered comprehensively in the FAQs.

    Good luck with your claim.

  • 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?


    S.

    Whether an incident is outside of an airline's control or not is only part of the legal test. I believe the question "Is the incident inherent to the operation of an airline?" also needs to be examined. See Wallentin Para 34 and then have a look at some birdstrike stats. After that, you are thinking along the right lines about what steps/actions did they take to minimise the delay.
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • 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.



    S.

    Sorry, I was getting ahead of myself a bit in my post above.

    If you spent more than the vouchers given for refreshments and have receipts for extra 'reasonable' expenditure (sorry, alcoholic drinks don't count) then you can claim reimbursement under Article 9 of Regulation EU261/2004. For a 12 hour delay you should have also received an offer as per Article 8 (1) (a).

    Presumably, the birdstrike was not to your flight?

    Next, check the Regs Article 5(3). You will notice that it contains the word prove. Don't expect any airline to volunteer proof of a birdstrike but there are other ways to check if an incident did actually happen.

    Now head back to my suggestions above.
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • zaffizaffi Forumite
    274 Posts
    Looking for some help, our flight from Brussels Charleroi to Edinburgh today was delayed for just under 6 hours, due to arrive in Edinburgh at 11.15am touched down at 5.04pm.

    We were told 1 hour before scheduled departure time of 10.30am that it would be around 4pm before we'd be flying.

    The announcements said "operational problems" were the reason.

    When we boarded at 4.30pm the pilot informed us that another aircraft had technical problems and for operational reasons our plane was sent to Romania to fill the gap.

    I have already had an email from Ryanair stating it was exceptional circumstances and no monetary compensation is due.

    So, 2 questions Do we have a claim? and if so, how to proceed?

    Any help would be massively appreciated,
    Cheers,
    Zaf.
    Everyone has a plan until they get punched in the face - Mike Tyson
  • Dr_WatsonDr_Watson Forumite
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    zaffi wrote: »
    Looking for some help, our flight from Brussels Charleroi to Edinburgh today was delayed for just under 6 hours, due to arrive in Edinburgh at 11.15am touched down at 5.04pm.

    We were told 1 hour before scheduled departure time of 10.30am that it would be around 4pm before we'd be flying.

    The announcements said "operational problems" were the reason.

    When we boarded at 4.30pm the pilot informed us that another aircraft had technical problems and for operational reasons our plane was sent to Romania to fill the gap.

    I have already had an email from Ryanair stating it was exceptional circumstances and no monetary compensation is due.

    So, 2 questions Do we have a claim? and if so, how to proceed?

    Any help would be massively appreciated,
    Cheers,
    Zaf.

    Answer to your two questions is Yes, and then go to page 1 of this thread for detail of how to proceed.
    As sure as night follows day and a big lad in a red suit is due a busy night soon.... you will need to take Ryanair to court using the European Small Claims Procedure (ESCP) to see fruition for your claim.
    Have a good read through the forum on how to do this.
    If you get stuck post back on here.
    Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.

    Current known score:-
    Dr Watson 35 - 0 Ryanair / Ince and Co

    Go to post 622 on the Ryanair thread to read how to sue them safely.
  • zaffizaffi Forumite
    274 Posts
    Dr_Watson wrote: »
    Answer to your two questions is Yes, and then go to page 1 of this thread for detail of how to proceed.
    As sure as night follows day and a big lad in a red suit is due a busy night soon.... you will need to take Ryanair to court using the European Small Claims Procedure (ESCP) to see fruition for your claim.
    Have a good read through the forum on how to do this.
    If you get stuck post back on here.


    cheers for the reply, was a bit wiped out last night after the delay so just posted and pretty much went to bed!

    i've had a read at the OP and a few of the stickies. I'll fire out one of the template letters after christmas.

    Looks like my main point to argue will be from here
    A further judgement, referred to as Finnair Oyj v Timy Lassooy Case C-22/11, at point 37, states that;
    " In addition, it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight. The concept of ‘extraordinary circumstances’ is intended to limit the obligations of an air carrier – or even exempt it from those obligations – when the event in question could not have been avoided even if all reasonable measures had been taken. "
    So further evidence of knock on effects not counting as EC's (from a previous day/flight) exists.

    No doubt I'll be back on here looking for some specific advice, rather than the generic stuff I was looking for last night!

    zaf
    Everyone has a plan until they get punched in the face - Mike Tyson
  • JPearsJPears Forumite
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    steer clear of finnair - it is too specific caselaw, unless your circumstances are identical.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • CobyBensonCobyBenson Forumite
    188 Posts
    Sixth Anniversary Combo Breaker
    JPears wrote: »
    steer clear of finnair - it is too specific caselaw, unless your circumstances are identical.

    Couldn't agree with this more.

    In my opinion there is no definitive authority on whether an airline can use an earlier extraordinary circumstance as a defence.

    In fact, the German courts have recently asked the ECJ to provide further clarification on the point:-

    http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130d5452157974bbb4fd48f27bdc0bdb0367f.e34KaxiLc3eQc40LaxqMbN4OaxaSe0?text=&docid=145934&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=644755

    Don't hold you breath though, if the question is answered at all then it's likely to take a couple of years.
  • Mark2sparkMark2spark Forumite
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    One would just argue (in court) that the spirit of the regulation, - ie greater consumer protection - when read in conjunction with the pre-ambles, makes it clear that the idea is that EC's only apply to specific acts to a specific flight on a specific day.
    NOT a loophole for airlines to twist and spin to get out of with.
  • VaubanVauban Forumite
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    Mark2spark wrote: »
    One would just argue (in court) that the spirit of the regulation, - ie greater consumer protection - when read in conjunction with the pre-ambles, makes it clear that the idea is that EC's only apply to specific acts to a specific flight on a specific day.
    NOT a loophole for airlines to twist and spin to get out of with.

    Indeed. I might also argue - with care - that even the draft list of ECs prepared by some NEBs makes it clear that ECs don't apply to knock ons. Only one - No 20 - makes reference to a problem on the preceding flight, so by implication the rest must apply to the flight concerned (else why include the caveat?).
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