Flight delay and cancellation compensation, Ryanair ONLY 11 January 2013 at 10:57AM edited 13 October 2017 at 12:22PM in Flight Delay Compensation 3.7K replies 624.4K views

Fletchasketch

booogle wrote: »

Just to let you all know Ryanair settled out of court with me. It was a confidential settlement that I was happy to accept.

I'm curious, was your claim older than 2 years old? Congrats by the way

Rooonaldo

David_e wrote: »

I didn't think UK contract law had any part in this? Does Reg 261/2004 not provide the only remedy?

I may be wrong but if you don't know with a high degree of certainty, it's better not to give definitive advice.

I'm really not sure my post could be categorised as definitive advice. I posted so that people with more legal knowledge may have been able to point the original poster in the right direction.
As a matter of interest why do you say English contract law has no part to play?

Marydee

Hello,
Just a quick query,and would be really greatful of any help.
Family of five was delayed for just over six hours on a flight to the canary islands from Dublin.
They said it was due to technical difficulties.
Emailed Ryanair,got the usual refusal citing extraordinary circumstances.

In which court should we proceed,Irish small claims court,or the European equivalent?

Do we have to make five separate claims,no matter what court is the best option for us?

Thank you so much in advance.
marydee.

Vauban

Marydee wrote: »

Hello,
Just a quick query,and would be really greatful of any help.
Family of five was delayed for just over six hours on a flight to the canary islands from Dublin.
They said it was due to technical difficulties.
Emailed Ryanair,got the usual refusal citing extraordinary circumstances.

In which court should we proceed,Irish small claims court,or the European equivalent?

Do we have to make five separate claims,no matter what court is the best option for us?

Thank you so much in advance.
marydee.

Have a read of Dr. Watson's posts - all the info on this process is there for you.

David_e

Rooonaldo wrote: »

I'm really not sure my post could be categorised as definitive advice. I posted so that people with more legal knowledge may have been able to point the original poster in the right direction.

It was just that you said "I'm no expert but Ryanair are clearly in breach of contract having cancelled your flight. You can rescind and claim damages being your additional expenses." I thought it might not be quite that straightforward. Even if they are in breach of contract, I don't think you can assume that all incremental costs can be recovered. (For example, I think there is a duty to mitigate losses.)

I would be interested in a legal view on this point too.

Rooonaldo wrote: »

As a matter of interest why do you say English contract law has no part to play?

Well, I'm not sure and so posed the comment as a question. If it is a contract law matter, you would have some claim for breach of contract and any damages would be assessed on a case by case basis. In what I have read, passengers have only been able to claim the compensation provided for under the Regulaton (plus the modest amount of care in terms of food, etc.). Some people might have been able to claim for a greater actual loss if it was a contract law matter.

As I say, if there is a lawyer out there ....

Ich_2

But surely Breech of Contract would apply if Ryanair breeched their T&Cs which form the contract between the two parties and to which both parties agree (you can't make a booking if you don't).
OK there could be space if some terms were unfair but I think you'll find that T&Cs are fairly common across all airlines.

Here you go, the terms of the contract
https://www.ryanair.com/en/terms-and-conditions

David_e

Ich wrote: »

But surely Breech of Contract would apply if Ryanair breeched their T&Cs which form the contract between the two parties and to which both parties agree (you can't make a booking if you don't).

My point was that if contract law offers a possible remedy for flight delays and cancellations, why do we not see, on the forum, anyone using that instead of Reg 261/2004? It may be a route for compensation, I don't know, I just said I wondered what the position is.

Rooonaldo

David_e wrote: »

It was just that you said "I'm no expert but Ryanair are clearly in breach of contract having cancelled your flight. You can rescind and claim damages being your additional expenses." I thought it might not be quite that straightforward. Even if they are in breach of contract, I don't think you can assume that all incremental costs can be recovered. (For example, I think there is a duty to mitigate losses.)

I would be interested in a legal view on this point too.



Well, I'm not sure and so posed the comment as a question. If it is a contract law matter, you would have some claim for breach of contract and any damages would be assessed on a case by case basis. In what I have read, passengers have only been able to claim the compensation provided for under the Regulaton (plus the modest amount of care in terms of food, etc.). Some people might have been able to claim for a greater actual loss if it was a contract law matter.

As I say, if there is a lawyer out there ....

Fair point. Must learn to be less definitive.
I note others have now posted in relation to the law and it appears to come down to whether Ryanair took all reasonable steps which is perhaps a similar test to that under the relevant regulation and therefore perhaps the reason why most people simply rely on the regulation.

razorsedge

I love the dodgems...

Bumping for Newbies

stde898

Hi, i recently submitted a claim for a cancelled flight, which apparently was cancelled due to bad weather although everyone was confused about this as there was no visible bad weather!
Anyway i sent of for compensation using the template offered from MSE for our extra expenses for having to say an extra day and compensation for the cancelled flights (we were left to sort out our own flight back by the way)
i have received a response and all it says is "please find enclosed a cheque in full and final settlement of your claim". This cheque does not even cover the amount of extra expenses we have as a result of the cancelled flight let alone any compensation!
Is there anything else i can do to get a better response?
Any ideas welcome... thanks