EU261/2004 delay compensation for an infant

Gabbai

What is the settled law about compensation for an infant where the airline has charged a fee often called a registration fee, as against a ticket charge? The last case I have seen reported is one in early 2017 where Judge Pearce in Liverpool County Court found an infant was entitled to compensation under European flight delay law, as her parents had paid a £20 "administration" fee for her flight, which he deemed to be a fare. Ryanair naturally screamed and shouted and said they were appealing. Anyone know if they did and if so what was the result? Any other cases would also be of interest. Please note, I am not discussing whether paying an infant compensation is fair or not, I just want to know what the settled law is.

Justice13075

You are quite right about the compensation and I don't know if they appealed or not. Someone will be along if they know any different. If your claim is with Ryanair you will have to complete their online claim form which can be found on their website

Tyzap

I don't believe there has been any change to the EU261 regulations which state that compensation is due if you paid anything for the infant.

There is no new case law on this subject that I know about.

unforeseen

I expect that Ryanair decided not to appeal as that would actually create case law if they failed.

At the moment there is no case law. A county court judgement does not create case law.

legal_magpie

unforeseen wrote: »

I expect that Ryanair decided not to appeal as that would actually create case law if they failed.

At the moment there is no case law. A county court judgement does not create case law.

Not entirely correct. Decisions of County Court Judges are not binding but can be persuasive. This is particularly so in this area of law in which some District Judges have built up expertise. So if the judgment on this point was produced to another judge, the starting point would be to go along with that decision unless the second judge was pursuaded that the first judge got it wrong.

Gabbai

This actually seems an area of the Regulation in which some certainly would be helpful, assuming either that Brexit stops in its tracks or that an identical UK Regulation is passed. Whilst at first glance the idea that a lap infant should be entitled to compensation may seem unreasonable, the Ryanair argument that if they had to pay out for delay to infants, they would have to double the infant fee is equally ridiculous. Last week I flew with Ryanair on a ticket that cost $17. The infant fee on that same flight was $31. Ryanair needed to provide me with a seat for my $17. It needed to provide no place for the infant to sit; it had a passenger at $31 but a revenue earning seat to sell! The ancillary costs are the same for both full paying passengers and infants. If I had taken an infant with me the obvious thing to have done would have been to buy a seat, but I suspect that many people either don't think of that or assume that an infant "must" sit on the parent's lap.

Tyzap

You are right and it's silly of airlines to refuse but they do, just like they do for almost all other claims. The rule of thumb for most airlines, most of the time, is to refuse your first claim and hope you just 'go away'

Ryanair used to, and still may, have a standard cost for am infant. I cannot quite remember the amount but last time we had an infant with us it cost either £40 or £60 and the adults paid about £15.

What is your situation regarding a claim?

Gabbai

It is a non EU airline that flew out of Stansted. They agree the claim for two adults and three children but not the infant. At EU600 a pop I can't say I blame them but as all the airlines stand very firmly by their contract conditions, I feel the same way. As I said I flew Ryanair last week for $17 when an infant fee would have been $31. I think everything with Ryanair is a moveable feast!

Tyzap

Don't be worried about naming and shaming, it's the norm here. Further more, why feel sorry for them. It's not like you are asking them out of pure kindness to compensate you, they must comply with European law.

€600 would mean a long haul route so I presume Emirates Airlines?

If you have come up against a 'rock' and don't want the hassle you may have the option of using an ADR scheme (if the airline in question is signed up to one, Emirates appears not to be) which is generally free or a regulated NWNF solicitor such as Bott & Co who would charge a fee.

Good luck.

garlieston

Emirates is signed up with AviationADR

Tyzap

garlieston wrote: »

Emirates is signed up with AviationADR

Thanks.

Yes, it appears they joined on 1st January 2019 and were not on my (outdated) desktop list.