Am I able to claim? Advice needed

JPears

You either claim the difference between your original cost of the flight and the new flight cost and claim the refund.
Or more simply, claim the cost of your new flight.
Ryanair might be under the (incorrect) immpression that if you claim a refund, you loose your right to alternative flights, making it more difficult to progress a claim.
To my mind, I am sure within the regulatiosn, that if your flight is delayed or anticipated to be delayed more than 5 hours, it is effectively cancelled. Allowing you to seek alternative arrangements, as you did.

vinylpusher1

Please see below responses.

They don't seem to want to refund the cost of the flight which i didn't take with them? is what they are saying below correct?

DO i just forward my bank details to them for the 800 EUR then apply for a refund on my flight through the e-mail they sent to me previously.?

Dear xxx,

We refer to your recent correspondence dated 2019-05-29.

Whilst we sympathise with your view, we regret that our position as set out in the letter dated 2019-05-29 remains unaltered.

We hope the above clarifies the matter.

Yours sincerely,
T. Stepanova

---

Dear Customer Service Department,

The flight i would like to be refunded for is the Ryan Air Flight that i did not board. Flight FR1122. Due to the 5 hour and 20 min delay.

I am not looking for compensation for the flight i took through Thomas Cook.

I believe i am entitled to the Compensation of 800 EUR and also a refund on my Ryan Air Flight that i did not board due to the delay.

"If your flight is delayed by at least five hours and you elect not to travel,
you are entitled to receive reimbursement as set out in point (a) above,
together with, when relevant, a return flight to the first point of
departure, at the earliest opportunity."

Regards,

---

Dear xxx

We refer to your recent correspondence dated 2019-05-29.

Our Terms and Conditions, agreed to at the time of booking, clearly state that we do not offer, and cannot facilitate, the transfer of customers or their bags to other flights, whether those flights are operated by Ryanair or other carriers.

It is the responsibility of every customer to ensure that they arrive at the airport in sufficient time to continue their onward journey, even if their arriving flight is operated by Ryanair. Due to this we are not in a position to offer any compensation.

As was previously mentioned, please provide your bank details.

We hope the above clarifies matter.

Yours sincerely,
T. Stepanova

---

Dear Customer Service Department,

Thank you for your swift response.

I note the 800 euro settlement under EU 261. I would also like to claim a refund on the flight FR1122 that i did not take due to the flight delay being over 5 hours and this has previously been offered by RyanAir

Will this be added additionally onto the settlement you have stated, or do i use the link provided in an e-mail i received previously where i can also claim for the refund of my flight?

Thank you.

Regards,

Ben Rich

---

Dear xxx,

We refer to your recent correspondence dated 25/05/2019.

We wish to confirm that a bank transfer for the sum of 800 EUR has been authorised by Ryanair in full and final settlement of your claim under EU 261.

In order to us to process this transfer to you, we need to ask you to send us your bank account details:

ACCOUNT HOLDER NAME
BANK NAME
SORT CODE/SWIFT CODE
IBAN NUMBER

Please reply to this e-mail to upload the required information.

Once we have received the necessary documents, we will process your claim as quickly as possible.

We hope the above clarifies matter.

Yours sincerely,

jpsartre

No, it's not correct. You are 100% entitled to a refund of your unused flight. Based on their answers they either don't understand or don't want to understand what you are requesting.

Tyzap

The length of time you are delayed has a large part to play in any claim for re-routing expenses. I personally feel you jumped the gun slightly and would expect you to get a negative reply to any request for additional costs.

This is a grey area which is not really helped by the wording of the regulations.

Thats not to say you shouldn't try, just be ready for a negative response.

jpsartre

Just to add, there's not even any need to refer to the EU261, Ryanair offers a full refund if a flight is delayed 2 hours. It's in their own T&C.


"We understand the inconvenience of flight delays and we’ll try our best to minimise the impact of these disruptions. Although the law only requires us to provide you with a refund or re-route option following a delay of more than 5 hours, Ryanair offers you these choices at the 2 hour point."

vinylpusher1

Thanks,

I phoned their customer care team and they said that they will refund the flight under their normal policy which does NOT effect my claim under EU261 - and then the compensation will come through EU261 customer care team.

Sorry when you say
"I personally feel you jumped the gun slightly and would expect you to get a negative reply to any request for additional costs."

How do you mean jumped the gun and would expect a negative response? Was i supposed to be nicer in my responses to them?

thanks

JPears

But the flight was already delayed for nearly 5 hours wheen the OP checked in. In fact the OP received confirmation from RA that the flight landed 5hrs 20mins in the end.
At what point does a passenger have to wait beforre making alternative convenient arrangements?
I think, under the regulations, you are due your re-routing costs via TC.
IMO this will be easy to chase through the ESCP, if necassary, if you have'nt received the refund. It looks as though RA are denying you the refund anyway!

vinylpusher1

They are now refusing to pay any compensation due to having a refund on my flight.

Their customer care advisor stated on the phone this was not effect the position. But the customer care on Resolver are now stating

"We refer to your recent correspondence dated 2019-05-29.

Upon reviewing our records we note that you will receive the refund for your unused flight in the next few days. Once this refund option has been provided, Ryanair has no further liability under EU261 arises.

We hope the above clarifies the matter."

vinylpusher1

I have now spoken with Ryan Air on the phone. They have said the below

"You are only entitled to a refund of the flight because you did not the board the flight, as you did not board the flight then the EU261 rule does not apply."

When i asked why in the previous responses have i been offered 800 euro, they said `

"this is a mistake and you shouldn't have been, you are only entitled to a refund and no more because you didnt actually board the plane."

Can anyone advise where i need to take this to next if i still have the grounds to make a claim please?

Thanks,

Tyzap

vinylpusher1 wrote: »

Thanks,

Sorry when you say
"I personally feel you jumped the gun slightly and would expect you to get a negative reply to any request for additional costs."

How do you mean jumped the gun and would expect a negative response? Was i supposed to be nicer in my responses to them?

thanks

Because you stated in your first post that your flight had only been delayed 1hr 35min when you re-routed yourself. At that point you didn't know how long the delay would be, so it could have been less time than you were expecting. Had they said the flight was cancelled or delayed for a long time it would have been different.

Prior to booking your flight with Thomas Cook, so less that 1hr 35mins of being delayed, you asked if they would re route you. They refused, and at that time it's what I would expect them to say. Whether you ask them nicely or not. You would not qualify for re routing after a delay of 1hr 35mins.

The point is that you normally qualify for help contained in the EU261 regulations when you have been delayed for a qualifying period, not before, hence the you jumped the gun slightly statement.