Compensation for delayed flights Discussion Area

ajmace

I sent in my receipts etc to Ryanair Dublin Airport on April 26th.

I have heard nothing at all. Has anyone in a similar situation heard from Ryanair?

steve1500

Ryanairs website says that you have to fax them outlining how much you wish to claim flight details etc. At somepoint in the future (4 weeks!!!) they will acknowledge the fax & provide you with an email address of where to send the receipts.

On a slightly different note, I actually read the EU Regs, and it states hotel accommodation. We rented an apartment in Spain, but were lucky enough to get another apartment in the same complex, naturally we had to pay. I have yet to look up the definitive definition of Hotel presumably in Oxford English. Should Ryanair still have to pay up for the rented apartment?

ajmace

I cannot really believe that Ryanair will ignore all the thousands of letters that they must have received in advance of the instruction to send a FAX. They also seem to be saying 'Don't apply twice'. What do others think?

Has anyone had a reply from a letter claiming compensation?

Kev86

Cityboy wrote: »

Suzey

He should possibly contact the AUC anyway who might state that his claim has merit. If that is so it would lend weight to any court claim Kev decides to bring.

The AUC however cannot bring a case themselves against an airline. That job falls to the CAA (of which the AUC are part) and they have yet to bring any case against an airline as they appear to take a soft touch approach to any breaches of the regulation by airlines.

Thanks to you bouth for your input. Putting together second response to Thomson with a view to small claims and looking into AUC contact. Do you think this is worthwhile? What is their response rate like? I guess I am likely to get a response from AUC before any court proceeding?

Thanks
Kev

amf

Kev86 wrote: »

Thanks to you bouth for your input. Putting together second response to Thomson with a view to small claims and looking into AUC contact. Do you think this is worthwhile? What is their response rate like? I guess I am likely to get a response from AUC before any court proceeding?

Thanks
Kev

A chocolate teapot is more use than AUC. There is no harm in letting them know of events but you will wait forever and a day on them. They are not known for their ability to bring recalcitrent airlines to account.

LBA giving 28 days (I would normally suggest 14 days but there have been many canx flight recently) to pay is the way to go. If no response use moneyclaimonline. The airline will delay but will settle at the 11th hour.

thecoolalhambra

Hi All

Without going through the whole 27 pages of this thread ;-), does anyone know if these rules apply for countries outside the EU.

i.e. if I bought a ticket in Egypt to go from Cairo to another country in Africa.

Thanks for any help.

Harvs98

Hi all, I was wondering what my steps would be following an email I received from an airline.

Back in March, I was flying from Heathrow to Hong Kong on a Cathay Pacific flight and this was delayed by 5hrs due to a faulty air-con system. It seemed clear to me that compensation was due under regulation 261/2004 and I raised a complaint via their airline.

I received an email from Cathay today basically refusing to settle any compensation. Are they correct in what they are stating? I had already raised a complaint with the AUC, but from Cityboy's comments above, that seemed like a pointless exercise. Below is a copy of their mail:

As you are aware, in its ruling of 19 November 2009 in the cases C-402/07 Sturgeon v Condor and C-432/07 Bock & Lepuschitz v Air France, the Court of Justice of the European Union (CJEU) ruled that passengers whose flights are delayed may rely on the right to compensation laid down by Article 7 of the Regulation where they suffer a loss of time equal to or in excess of three hours due to a flight delay.

We have sought expert legal advice and consider that the CJEU's ruling is incorrect as it contradicts the clear wording of the Regulation which provides that no compensation is payable in such circumstances. Additionally, the decision conflicts with a previous ruling of the Grand Chamber of the CJEU concerning the Regulation. The ruling is also not binding legal authority which must be followed by the courts of EU member states.

There are a number of other similar cases currently pending throughout the EU and, shortly, another case may be referred to the CJEU at which point the situation should be clarified. In the meantime, on the basis of the legal advice we have received, we believe it would be inappropriate to pay claims for compensation for delay under the Regulation pending clarification of the issue

.

Many thanks in advance.

dzug1

Harvs98 wrote: »

Hi all, I was wondering what my steps would be following an email I received from an airline.

Back in March, I was flying from Heathrow to Hong Kong on a Cathay Pacific flight and this was delayed by 5hrs due to a faulty air-con system. It seemed clear to me that compensation was due under regulation 261/2004 and I raised a complaint via their airline.

I received an email from Cathay today basically refusing to settle any compensation. Are they correct in what they are stating? I had already raised a complaint with the AUC, but from Cityboy's comments above, that seemed like a pointless exercise. Below is a copy of their mail:

.

Many thanks in advance.

Well from what I remember reading of the case some time back the reasoning was:

the regulations do not provide for compensation in these circumstances

we think it was an oversight rather than a deliberate omission

therefore we'll say they meant to include it and award compensation


Not overly strong reasoning and I think designed to provoke a rewrite of the rules, which ain't happening very fast.

To take it any further you need to take it to court.

thecoolalhambra

Cityboy wrote: »

Sorry the rules apply only to EU airlines and to all other airlines when departing from the EU.

Thanks Cityboy

eslick

Harvs98 wrote: »

I had already raised a complaint with the AUC, .

AUC is a toothless organisation who wont help, asked them specifically for help and they told me the same information they had previously. I sent a email to my MEP recently and we had a little chat about the AUC and I told her what I though. She replied she had heard the same and in fact one MEP had even raised this as a question in the EU Parliment.

AUC wont help against an EU airline who told customers they werent going to pay, but the Italian version fined Ryanair for not meeting their obligations even though they had already stated they would pay.