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Are there compensation rights for delayed baggage reclaim at airports?

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  • MarkBargain
    MarkBargain Posts: 1,641 Forumite
    Mark, I would write to Stansted and send them a copy of the letter from Ryan Air. Your letter should be along the lines,
    "as you told me that the airline were to blame, I duly wrote to them. As you will see from their reply, they are blaming you for what happened.
    The situation is unacceptable as you are both playing tennis with me as the ball. Unless one of you accepts responsibility and reimburses me I intend to sue you both and let you fight it out between you in Court." Send a copy to Ryanair.
    There is a potential problem in that Ryanair are in Ireland but don't worry about that for now.

    Thanks, I lodged a complaint to Stansted Airport through their website explaining the situation and wait to hear back.

    I also wrote to Ryanair again and they replied:

    [FONT=Verdana, serif]As per our previous correspondence, the responsibility for the delay at the baggage carousel rests on the airport; therefore, we recommend you to contact the airport directly. [/FONT][FONT=Verdana, serif]Whilst we sympathise with your view, we regret that our position as set out in the letter dated 10/04/2018 remains unaltered. [/FONT]

    I know someone else who was also promised Ryanair would reimburse a taxi at Stansted Airport and her claim was denied too. I am thinking this could be happening to many many people, as it is an easy fob-off to get rid of people at the information desk but it is leaving passengers lied-to and out-of-pocket.
  • MarkBargain
    MarkBargain Posts: 1,641 Forumite
    I would definitely run your flight through Botts excellent claims calculator and go for it IF you have a valid claim.

    Good luck with your claim,

    Cheers

    NoviceAngel

    Thanks, I tried and at the moment it comes back with:

    If you booked your flight after 26th July 2016 then you agreed to a term in Ryanair's General Conditions of Carriage which says, "Passengers must submit claims directly to Ryanair and allow Ryanair 28 days or such time as prescribed by applicable law (whichever is the lesser) to respond directly to them before engaging third parties to claim on their behalf." The High Court has recently ruled that this is an enforceable term and as such you have a contractual obligation to contact Ryanair yourself first and give them 28 days to respond, before engaging the services of a third party. Ryanair is the only airline that has incorporated this restriction in their terms and conditions and we are currently appealing the decision of the High Court in order to ensure that passengers can benefit from the freedom to use a lawyer should they wish to do so. In the meantime however the term is enforceable and you should be aware that Ryanair could try and claim damages from you if you breach their terms and conditions.
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Thanks, I tried and at the moment it comes back with:

    If you booked your flight after 26th July 2016 then you agreed to a term in Ryanair's General Conditions of Carriage which says, "Passengers must submit claims directly to Ryanair and allow Ryanair 28 days or such time as prescribed by applicable law (whichever is the lesser) to respond directly to them before engaging third parties to claim on their behalf." The High Court has recently ruled that this is an enforceable term and as such you have a contractual obligation to contact Ryanair yourself first and give them 28 days to respond, before engaging the services of a third party. Ryanair is the only airline that has incorporated this restriction in their terms and conditions and we are currently appealing the decision of the High Court in order to ensure that passengers can benefit from the freedom to use a lawyer should they wish to do so. In the meantime however the term is enforceable and you should be aware that Ryanair could try and claim damages from you if you breach their terms and conditions.

    Then write to them directly and follow the good Doctors guide here :- http://forums.moneysavingexpert.com/showpost.php?p=64457359&postcount=569
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • jpsartre
    jpsartre Posts: 4,090 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Maybe I'm missing something but it seems guaranteed that even if you were able to check the flight with Bott and Co it will come back negative since your flight was delayed less than 3 hours. Whether you have a valid claim for anything is perhaps an open question but it won't be under EU261.
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    jpsartre wrote: »
    Maybe I'm missing something but it seems guaranteed that even if you were able to check the flight with Bott and Co it will come back negative since your flight was delayed less than 3 hours. Whether you have a valid claim for anything is perhaps an open question but it won't be under EU261.

    No I don’t think you are, but the OP seems to want to persue it, I was hoping the Botts calculator would say what we are all thinking.....
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • unforeseen
    unforeseen Posts: 7,382 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I contacted Stansted Airport about the baggage delay and they replied that this is managed independently by the airline / its handling agent, hence they suggest contacting them directly.

    The desk in baggage reclaim was labelled as a Ryanair desk and they were the ones who told me to take the taxi and that Ryanair would definitely refund.

    The only bit handled by an airline's agent is getting the baggage from the aircraft to the baggage handling system. Once it's in the system it is the airport's responsibility.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    Like I said earlier. Threaten to sue them both and if they still continue to blame each other, do it
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