MSE News: Test case may force airlines to consider claims over two years old

A test case will decide whether Ryanair can limit the amount of time a delayed passenger can claim to two years...
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Test case may force airlines to consider claims over two years old

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  • jamesd
    jamesd Posts: 26,103
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    According to he claimant's solicitor the judge in the case has reserved his judgement until later and is now expected to announce a decision within two to three weeks, if the delay is of the typical duration.
  • DynasticDux
    DynasticDux Posts: 3,549 Forumite
    edited 7 August 2015 at 11:48AM
    Just because Ryanair have wrote some T&C's doesn't mean they overrule EU legislation

    Bott & Co have recently won my dispute with Thomson whom denied me compensation on a flight that was delayed as a result of a "knock on effect" as the previous flight was grounded due to a hurricane.
    EU rules state the delay must have been on the flight in question
  • 111KAB
    111KAB Posts: 3,645
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    Correct but it has needed Bott & Co to go to court and (hopefully) prove this is the case.
  • LadyDee
    LadyDee Posts: 4,293
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    What's next? Compensation for a bus being late, not turning up? This is getting out of hand. We used to think the Americans had the compensation culture of the world.

    Doesn't anybody else recognise that companies fined for such events won't bear the loss - it'll just put up the price for others.

    Some things are "just life", perhaps some people might accept that and get one.
  • Justice13075
    Justice13075 Posts: 2,008
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    I like to think I am quite intelligent and can understand an argument but I thought the Supreme Court and the clue is in the word "Supreme" has already decided that you have 6 years in England to make a claim. How can Ryanair run a case for a 2 year limit?
  • 111KAB
    111KAB Posts: 3,645
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    Appeal Court said cases can be bought to court in England and Wales within 6 years however the Ryanair position is that their terms and conditions (which you agree/tick a box when you book) say claimants have two years to go back to them (ie not Court) if you require compensation.
  • Vauban
    Vauban Posts: 4,736
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    EU rules state the delay must have been on the flight in question

    No they don't.
  • Vauban
    Vauban Posts: 4,736
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    I like to think I am quite intelligent and can understand an argument but I thought the Supreme Court and the clue is in the word "Supreme" has already decided that you have 6 years in England to make a claim. How can Ryanair run a case for a 2 year limit?

    There are two separate 2 year arguments: one (the Dawson case, looked at by the Court of Appeal) was about whether the Montreal Convention limited the limitation period to two years. This second case is separate about whether the 6 year period can be varied by contractual agreement (to two years in this case, but it could be any other period).
  • glentoran99
    glentoran99 Posts: 5,821
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    edited 7 August 2015 at 1:30PM
    LadyDee wrote: »
    What's next? Compensation for a bus being late, not turning up? This is getting out of hand. We used to think the Americans had the compensation culture of the world.

    Doesn't anybody else recognise that companies fined for such events won't bear the loss - it'll just put up the price for others.

    Some things are "just life", perhaps some people might accept that and get one.

    Trains actually


    http://www.moneysavingexpert.com/travel/train-delays




    as for it being "Just life" I must make sure I do business with you sometime and not provide the service paid for, why should I, your happy to pay up anyway
  • Vauban
    Vauban Posts: 4,736
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    LadyDee wrote: »
    What's next? Compensation for a bus being late, not turning up? This is getting out of hand. We used to think the Americans had the compensation culture of the world.

    Doesn't anybody else recognise that companies fined for such events won't bear the loss - it'll just put up the price for others.

    Some things are "just life", perhaps some people might accept that and get one.

    LadyDee - this Regulation has been in force for a decade, despite the best efforts of the airlines to avoid implementation.

    You're right that the costs are passed onto the passenger, ultimately. So some people think of this as a form of insurance (we all pay - probably about a couple of euros) to provide the "cover" (not just compensation but accommodation and meal provision).

    But the beauty of the regulation is that it actually incentivises airlines to reduce delays. There is a substantial difference in punctuality performance between different airlines on the same route. Don't you wonder why? If airlines invest in improving their punctuality then they don't have to pay out the compensation, thus making them more competitive than their more tardy competitors.
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