Ryanair flight delayed compensation denied

goater14

Hi recently travelled back from Rhodes to Birmingham the flight was delayed and landed 3 hours 22 minutes late.
When we were on the runway waiting to leave the pilot came on the tannoy and apoligised for the delay saying the plane was late leaving Birmingham airport due to a hydraulic leak, and luckily Ryanair had a spare plane at Birmingham to fly to Rhodes and then fly us home.
Applied for compensation and was denied as Ryanair said it was a ATC issue?
Original flight was dut to leave at 15.05 and then due to the delay was scheduled for 17.15, waited on the plane with doors open for approx 1 hour so didnt take off till 18.17
That extra 1 hour waiting could be a ATC issue hence going over the 3 hours mark for compensation, do you think we have a case to take it further?
Thanks Simon

eskbanker

In order for compensation to be payable, there needs to be at least three hours of delay that's attributable to issues within the airline's control, so if ATC restrictions accounted for more than 22 minutes then the airline isn't liable.

Goldfluff1

Hi, I was on the same flight (row 3), the pilot and air stewards were very clear that the delay was due to a technical issue - hydraulic leak so I was really surprised when we applied for compensation online to be told it was due to an ATC issue as this does not tally with what we were told and what I saw as I was practically next to the cockpit and could see most things that were going on and being said. I think not long before take off I think I remember them saying they were waiting for a 'slot' to take off - could tis be the ATC bit? 

I wonder if there is a way to check how they have apportioned the time for the issue/s? I did notice that there is an option on the Ryanair website if not happy with their outcome to escalate to the ADR - I wonder if doing this would provide more insight/ worth pursuing??

Also our checked in luggage was delayed, our 2 main cases were removed from the flight before take off, they said they would be delivered to our home address within 24/48 hours by Sun night. We got one back Tuesday Morning and the second one arrived today Wednesday! 

eskbanker

Goldfluff1 said:

I wonder if there is a way to check how they have apportioned the time for the issue/s? I did notice that there is an option on the Ryanair website if not happy with their outcome to escalate to the ADR - I wonder if doing this would provide more insight/ worth pursuing??

Yes, my limited experience of escalating to AviationADR (different airline) was that substantially more detailed information was shared by the airline at that stage, so once you reach deadlock with Ryanair you have the right to pursue that route, but, as above, they only need to find enough delay outside their control to take the chunk for which they're liable below three hours....

goater14

Goldfluff1 said:

Hi, I was on the same flight (row 3), the pilot and air stewards were very clear that the delay was due to a technical issue - hydraulic leak so I was really surprised when we applied for compensation online to be told it was due to an ATC issue as this does not tally with what we were told and what I saw as I was practically next to the cockpit and could see most things that were going on and being said. I think not long before take off I think I remember them saying they were waiting for a 'slot' to take off - could tis be the ATC bit? 

I wonder if there is a way to check how they have apportioned the time for the issue/s? I did notice that there is an option on the Ryanair website if not happy with their outcome to escalate to the ADR - I wonder if doing this would provide more insight/ worth pursuing??

Also our checked in luggage was delayed, our 2 main cases were removed from the flight before take off, they said they would be delivered to our home address within 24/48 hours by Sun night. We got one back Tuesday Morning and the second one arrived today Wednesday! 

Hiya thanks for your reply, I think the issue is was it a ATC issue with waiting to take off or was it a issue with the plane been overweight. I was in the window seat and actually took pictures of the 20 or so suitcases that they removed from the plane. 
Why remove the suitcases? 
Our suitcases wasn't delivered until.Wednesday also.
Think I will escalate it with ADR as I think the delay was more to do with the suitcases being removed thus missing the times slot as well as the original delay which was definitely Ryanairs issue.