Should I take Ryanair to small claims court?

Jackl31

Hi,

Myself and 3 others (living in UK) were due to travel from Mykonos to Budapest on FR1911 with Ryanair on 17/09/2022

The flight ended up becoming an overnight delay with no official reason provided. During the day, they tried to board us twice. The first time it seemed like there was no plane and the second time there was a plane, however ground staff couldn't seem to secure a route (there were rumours that they were going to take us to Athens instead).

I have since submitted compensation claims and after months of chasing, Ryanair recently informed me that they would not be paying out compensation as the delay was due to 'adverse weather conditions'. There were no signs of adverse weather on the day and other flights were leaving without an issue. Also, airport staff were telling us we could claim compensation i.e. didn't suggest we would have issues claiming.

I am now wondering, should I follow the suggested process to take Ryanair to the European small claims court? Or is there a NWNF firm that you recommend I use?

Any thoughts appreciated as I'm not quite sure what to do next

Thanks

Jack

bagand96

On the day the outbound FR1910 Budapest - Mykonos diverted to Athens.  It did fly to Mykonos and looks from tracking data that it made an attempt to land there before the divert to Athens.  The same aircraft then did operate your delayed FR1911 on 18th September.  We can assume the aircraft positioned Athens - Mykonos at some point on 17th or 18th (can't find any tracking data though).

You are correct in saying other flights appear to have operated normally, with some delays but I can't see any other diversions around that time.

That said Mykonos can be a challenging airport, it's a relatively short runway and can be affected by cross winds.  Looking up the airport weather reports for the time the aircraft should have landed shows a bit of an anomaly that the wind direction and speed isn't reported.  This is pretty unusual - the information is usually reported by airports with their routine observations and to pilots on landing/takeoff. 

Did Ryanair meet their obligations for care under EC261?  Providing refreshments/meals and accommodation during the delay?  In terms of compensation it will come down to the actual reason for the divert.  They're saying weather and it appears the aircraft did try to land there - the further delay could have been due to crew hours after the divert, ATC delays/restrictions etc can all add to this. Not sure how easy it is for UK residents to use the European Small Claims Court now? 

The NWNF companies could be an option.  Bott & Co are one that have been recommended here in the past - they are actual solicitors rather than just a "claims management" company and are reputable.

Jackl31

bagand96 said:

On the day the outbound FR1910 Budapest - Mykonos diverted to Athens.  It did fly to Mykonos and looks from tracking data that it made an attempt to land there before the divert to Athens.  The same aircraft then did operate your delayed FR1911 on 18th September.  We can assume the aircraft positioned Athens - Mykonos at some point on 17th or 18th (can't find any tracking data though).

You are correct in saying other flights appear to have operated normally, with some delays but I can't see any other diversions around that time.

That said Mykonos can be a challenging airport, it's a relatively short runway and can be affected by cross winds.  Looking up the airport weather reports for the time the aircraft should have landed shows a bit of an anomaly that the wind direction and speed isn't reported.  This is pretty unusual - the information is usually reported by airports with their routine observations and to pilots on landing/takeoff. 

Did Ryanair meet their obligations for care under EC261?  Providing refreshments/meals and accommodation during the delay?  In terms of compensation it will come down to the actual reason for the divert.  They're saying weather and it appears the aircraft did try to land there - the further delay could have been due to crew hours after the divert, ATC delays/restrictions etc can all add to this. Not sure how easy it is for UK residents to use the European Small Claims Court now? 

The NWNF companies could be an option.  Bott & Co are one that have been recommended here in the past - they are actual solicitors rather than just a "claims management" company and are reputable.

Hi many thanks for your detailed response

Ryanair didn't provide any meals/refreshments throughout the day. However, once the overnight delay was confirmed they did provide a hotel and meal for the night.

From reading around it sounds like European small claims is an option. Unfortunately, Bott & Co cannot help as the flight did not arrive/depart from the UK

bagand96

It seems Ryanair have met their obligations on care of duty, although if you have any receipts for refreshments in the delay then you may be able to claim those. 

Certainly heard of people successfully using the EU small claims procedure against airlines (including Ryanair). But that was back when the UK was still in the EU. In those cases a UK Court would hear the case - that won't be happening now. But I'm no expert.

The UK Gov website seems to suggest you can't https://www.gov.uk/recover-debt-from-eu But I'm no expert on it so if you have research that suggests otherwise then go for it!

However if the diversion was weather and then further ATC delays I don't think compensation will be due.