6 hour delay due to technical fault, Ryanair say no compensation!

blondmark

Ich wrote: »

I understood from a senior pilot they maintain one spare aircraft for every two bases (i.e. where aircraft and crews are based. ... They also maintain a small business jet to fly spares and engineers around Europe 24/7. ... The court case talks about the effort put in by the airline to rectify the situation, if they can show the above and what steps they took any further cases could fail.

Well if there were any truth to those rumours, it's not working out well for them with all these long delays. Ryanair doesn't seem to be raising them in court either, which is exactly where they would be shouting them from the rooftops if they were true, because the one thing Ryanair are never short of is excuses.

Claims for delay and cancellation will continue to succeed due to the narrow circumstances available to defend them.

The judgment in Wallentin-Hermann sets out that exceptional circumstances are not established by most technical issues, which are largely routine given the degree of technological sophistication of aircraft. The exceptions cited by the ECJ, for example, are a manufacturer's warning of safety issues in a particular fleet, sabotage or terrorism. These circumstances are truly exceptional.

As for the availability of spares, the BGH ruled in Xa ZR 15/10 that the onus is on the airline to show that it exhausted all efforts to avoid a delay by any means available to it including, for example, having spare aircraft available.

Ich_2

Well if there were any truth to those rumours

It ain't a rumour! Though I perhaps should have said the pilot works for Ryanair and has been called out to use the spare in cases of aircraft problems

MarkBargain

Do posters agree it is worth writing to Ryanair again and then taking this to court if they don't pay?

Ich_2

Of course it is, though it may not be the done deal some suggest

blondmark

Ich wrote: »

It ain't a rumour! Though I perhaps should have said the pilot works for Ryanair

Excellent! You should do stand-up! :rotfl:

Did you know Ryanair also rewrites European judgments to suit itself and then passes them off in court in defences? Check out the 'Ryanair Only' section.

blondmark

Ich wrote: »

Of course it is, though it may not be the done deal some suggest

Oh really? The Ryanair defences I've seen are an utter shambles!

Ich_2

Excellent! You should do stand-up! :rotfl:

Ah, are you then suggesting I should be a subject of this thread?

https://forums.moneysavingexpert.com/discussion/4415359

If so I take severe objection to what you are implying!

Seems to be the usual case of agree or shut up that this site is rife with!

blondmark

Ich wrote: »

Ah, are you then suggesting I should be a subject of this thread?

https://forums.moneysavingexpert.com/discussion/4415359

If so I take severe objection to what you are implying!

Seems to be the usual case of agree or shut up that this site is rife with!

No do please continue - I was enjoying your story about what the man from Ryanair said. Have you got any others? :rotfl:

jpsartre

MarkBargain wrote: »

Do posters agree it is worth writing to Ryanair again and then taking this to court if they don't pay?

Depends on how vaulable your time is as you won't get compensated for the hours you spend on claiming. But I'd day there's a fair chance you'll get the compensation set out by the EU regulations in the end if you pursue the case.

headpin

jpsartre wrote: »

Depends on how vaulable your time is as you won't get compensated for the hours you spend on claiming. But I'd day there's a fair chance you'll get the compensation set out by the EU regulations in the end if you pursue the case.

Send one letter explaining your legal rights. Give a reasonable period to respond (14 - 21 days?). If no response send a further letter Headed "Notice before Action". Refer to your original letter (enclose a copy). Give them a further reasonable period and say if the statutory compensation is not forthcoming you will revert to any action via the English Courts for this amount and in addition they will become, if they lose, liable for the Costs of taking the action. You can do everything online via Money Claim Online - here is link to access HMCTS Site

I would be very surprised if they defended. What Ryanair will want is a war of attrition where you'll give up before them. Do not go there. Get your retaliation in first. I'd be very surprised on what they have already revealed, even if they did defend, if they could put up a reasonable response that would meet the criteria for Extraordinary Circumstances to be applied.

Good Luck and do not give up or get drawn in to their game.