Flight delay and cancellation compensation, Ryanair ONLY

dartilov

Hi

Was on a flight out of Manchester to Alicante 27th Oct 14, on board ready for take off and aircraft returned to terminal, all passengers disembarked, told it was for operational reasons, aircraft was then reboarded by delayed passengers who then flew to Murcia on it. We eventually left at 13.50 when should have left at 06:40 seems like we were the sacrificial passengers not technical reasons.

Wrote to RA as described in thread and received standard reply via email with letter attached:

[FONT=&quot]We sincerely regret the delay of your flight FR4007 from Manchester to Alicante on the 27/10/2014, which was caused due to an unexpected technical fault with the aircraft due to operate your flight.[/FONT]

[FONT=&quot]Ryanair is committed to providing on time flights with safety being our number one priority. Occasionally, there are situations outside our control such as unexpected aircraft technical faults which disrupt our flights. We sincerely regret that this flight was one of these rare delayed flights. We confirm that all reasonable measures were taken to ensure that this flight departed with as short a delay as possible. [/FONT]

[FONT=&quot]However, as this delay was unexpected and therefore outside Ryanair’s control (extraordinary circumstances*) we regret to advise that no monetary compensation is due under EU Regulation 261/2004.[/FONT]


[FONT=&quot]In light of the reply and the very recent ruling, am I still justified in first making a complaint to the CAA and/or procedding with the legal case and submitting the relevant documents and fee? (although I couldn't find where the amount was stipulated)[/FONT]


[FONT=&quot]Or is there an easier way, NWNF?, any help appreciated.

[FONT=&quot][FONT=&quot]* addendum, [FONT=&quot]when I responded to the email (c[FONT=&quot]ustomer services[FONT=&quot] at RA) [/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][FONT=&quot]it said:
[/FONT]Unfortunately, replies to this email address cannot currently be processed.[FONT=&quot] [/FONT]


[FONT=&quot]
[/FONT]

richardw

Nwnf is straight forward, but if you have the time and determination, you could ultimately do the ESCP.

Or perhaps they just need to know your awareness of Huzar and what the Supreme ct said.

austin9658

In light of the reply and the very recent ruling, am I still justified in first making a complaint to the CAA and/or procedding with the legal case and submitting the relevant documents and fee? (although I couldn't find where the amount was stipulated)


Or is there an easier way, NWNF?, any help appreciated.

Write them back & Remember them about the case of Huzar vs Jet2 in which supreme court stated that technical problem does not come under extraordinary circumstance. Give them valid time to respond you if you don't get any response within the given time then you must start court proceedings.

austin9658

Vauban wrote: »

Unless your flight was delayed in December 2008, you are out of time - you have six years to bring a court claim.

Sir Vauban, if I am not wrong he has 3 weeks of November to claim.

Vauban

austin9658 wrote: »

Sir Vauban, if I am not wrong he has 3 weeks of November to claim.

You are right - I was writing at speed. Strictly speaking, s/he has until the day before the 6th anniversary of the flight. But they are also obliged to give the airline reasonable notice before commencing proceedings, to comply with the court's pre-action protocols (two weeks is the norm). So perhaps the last week or two of November, with a truncated NBA process would just fit in. In practice, I suspect that this is all rather academic, no?

austin9658

Vauban wrote: »

You are right - I was writing at speed. Strictly speaking, s/he has until the day before the 6th anniversary of the flight. But they are also obliged to give the airline reasonable notice before commencing proceedings, to comply with the court's pre-action protocols (two weeks is the norm). So perhaps the last week or two of November, with a truncated NBA process would just fit in. In practice, I suspect that this is all rather academic, no?

After giving truncated NBA to airlines S/he still has one week to start court proceedings.

Caz3121

magmike wrote: »

my flight was delayed in 2008.

austin9658 wrote: »

After giving truncated NBA to airlines S/he still has one week to start court proceedings.

however poster did not say when in 2008 their flight was

austin9658

Caz3121 wrote: »

however poster did not say when in 2008 their flight was

I know poster did not mention when his flight delayed in 2008. I had replied on this post.

Vauban wrote: »

Unless your flight was delayed in December 2008, you are out of time - you have six years to bring a court claim.

Vauban wrote: »

You are right - I was writing at speed. Strictly speaking, s/he has until the day before the 6th anniversary of the flight. But they are also obliged to give the airline reasonable notice before commencing proceedings, to comply with the court's pre-action protocols (two weeks is the norm). So perhaps the last week or two of November, with a truncated NBA process would just fit in. In practice, I suspect that this is all rather academic, no?

joeyjoejnr

I sent Ryanair a letter about my flight that was delayed by 15 hours on the 10th March 2008.

They replied saying that I agreed to the below, meaning I had to complain within 2 years. I've filled in an online form for the European Commission so waiting to hear back from them.

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.

Steve_xx

joeyjoejnr wrote: »

I sent Ryanair a letter about my flight that was delayed by 15 hours on the 10th March 2008.

They replied saying that I agreed to the below, meaning I had to complain within 2 years. I've filled in an online form for the European Commission so waiting to hear back from them.

That may well be or have been a part of Ryanairs terms and conditons but contrary to what Ryanair think they are not above statutory law.