Flight delay and cancellation compensation, Ryanair ONLY

edited 13 October 2017 at 1:22PM in Flight Delay Compensation
3.7K replies 625.4K views
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  • JPears wrote: »
    I find it hard to believe that RA can lawfully simply ignore an EC law that is designed to protect passengers, simply because they have written their T&Cs to say so. I'd like to see my profession try such a thing when they are up before the beak!

    Not sure if this would help, but in the regulations, article 15 (1) states,

    Obligations via a vis a passengers pursuant of this regulation may not be limited or waived,notably by a derogation or restrictive clause in the contract of carriage

    any help to you?
  • Dr_WatsonDr_Watson Forumite
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    Lambino81 wrote: »
    Hi All,



    What should be my next step? Write to the CAA or go directly to court?

    Thanks,
    L.

    If you sent RA a letter by snail mail there is the chance that it may not have arrived in Dublin yet.
    Or they are just ignoring you.
    Your next step?
    You could write to the CAA or in your case the Spanish Equivalent which is AESA. (Google them).
    Or you could prepare a letter before action (LBA) using templates provided on page 1 of this forum if you fancy doing this alone.
    Or...
    Hand your case over to a no win no fee company who will take around 30% of any compensation award.
    If you have legal cover with your house insurance this may cover this.
    Or..
    Walk away and leave it.
    Believe me one way or the other - to get any compensation from RA you will need to take them to court.
    Have a good read at blondmarks posts and the ESCP as the route to do this.
    Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.

    Current known score:-
    Dr Watson 35 - 0 Ryanair / Ince and Co

    Go to post 622 on the Ryanair thread to read how to sue them safely.
  • moneysavingwelshmanmoneysavingwelshman Forumite
    4 Posts
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    Hi all.

    I posted this elsewhere but have just been told to post it here - apologies for my newbie foolishness... Anyway, here it is:

    In Sept 2012 I requested compensation from Ryan Air about a flight delay from Madrid to Stanstead of more than 3hrs. Ryan Air said it was because of a technical fault and they weren't to blame. They never gave me details of this 'fault' despite numerous letters. I then contacted the Civil Aviation Authority, The Commision for Aviation Regulation in Ireland, The Irish Aviation Authority and Agencia Estatal de Seguridad Aerea in Spain. The AESA in Spain have written 2 letters to me, the last stating that they have investigated my claim and determined that Ryan Air should pay this compensation. Both the AESA and I wrote to Ryan Air again to tell them this but they still said they weren't at fault. So I took the matter to the small claims court.

    Since then I've received a letter from 'Aviation & Tourism Law Consultants Ltd' that reads:

    As process agents in England and Wales for the Irish company Ryanair Limited of Corporate Head Office, Dublin Airport, Co. Dublin, Ireland, we have recently been made aware of the above claim which appears to have been issued invalidly under 'Money Claim OnLine' (MCOL)'s rules which, inter al/a, do not permit the MCOL system to be invoked against defendants resident outside England or Wales, and in any event appears to have been addressed to our principal at a post office box in the small Irish village of Swords rather than at its registered office at Dublin Airport which of course would have been valid for service had you elected to issue proceedings either in the County Court Money Claims Centre ('CCMCC') or under the European Small Claims Procedure ('ESCP').


    I would also take this opportunity to refer, on a 'without prejudice' basis, to the delay in the operation of flight FR5997 on 301h August 2012 from Madrid to London-Stansted which was caused, as a fact, "by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken" despite AESA's letter to you recommending the payment of "compensation" under Article 7 of Regulation (EC) No. 261/2004 ('the Regulation'). This was not a matter of "mechanical failure" but the unprovoked - and unforeseeable - failure of the refuel manifold on the aircraft originally scheduled to operate flight FR5997 that afternoon leading to a fuel leak, this being an event of the type specifically set out in points 24 and 26 of the European Commission's recent Guidance Document (copy enclosed for ease of reference) as being indicative of "extraordinary circumstances" under which the air carrier concerned would decline to pay "compensation" under Article 7 of the Regulation, despite AESA's 'recommendation'.
    Since it is my earnest belief that there can be "no winners" in litigation of this nature, it may be appropriate for you not to pursue the present (invalidly issued) claim and refrain from initiating proceedings either in the CCMCC or under the ESCP. However, please do not hesitate to call me on my direct UK telephone line of 01753 841909 towards the end of the week commencing 4th November upon my return from an extended overseas trip when we could discuss the matter further on a "without prejudice" basis.



    So I guess my questions are:
    - Has anyone else got this far with Ryan Air compensation claim and if so what did they do?
    - Has anyone ever had dealings with 'Aviation & Tourism Law Consultants Ltd'?
    - Why would Ryan Air wait until now to explain what the extraordinary circumstances were?
    - Why would they get these people to contact me if they are in the right and I'm wrong?
    - Should I be scared off or should I hold my ground and wait for a court date?

    Thanks for reading and hope someone out there can advise me.

    Cheers,

    C
  • Caz3121Caz3121 Forumite
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    Start with the FAQs and have a good read through this forum...not sure why you went to small claims court and not ESPC but you should get loads of information within this thread
  • Hi - could anyone help?
    On Friday 25th October 2103 I had a delay of over 4.5 hours.
    Ryanair emailed me a pro forma to 'send to my insurer'.

    My father is under the impression that I should get the compensation from Ryanair as per new EU law. From the difficulty in doing that from what I see on here and the fact that on the Ryanair website they claim that one is only eligible if you have cancelled the flight due to the delay, etc, I'm thinking going through my insurer is better.

    Do you agree?

    Also, if I claim via travel insurance, does this raise any future premiums?

    thanks in advance for any advice

    Kindest regards
  • 111KAB111KAB Forumite
    3.6K Posts
    Hi - could anyone help?
    On Friday 25th October 2103 I had a delay of over 4.5 hours.
    Ryanair emailed me a pro forma to 'send to my insurer'.

    My father is under the impression that I should get the compensation from Ryanair as per new EU law. From the difficulty in doing that from what I see on here and the fact that on the Ryanair website they claim that one is only eligible if you have cancelled the flight due to the delay, etc, I'm thinking going through my insurer is better.

    Do you agree?

    Also, if I claim via travel insurance, does this raise any future premiums?

    thanks in advance for any advice

    Kindest regards

    Follow advise in thread above yours!
  • edited 20 November 2013 at 5:22PM
    auntiekimauntiekim Forumite
    3 Posts
    edited 20 November 2013 at 5:22PM
    Id like some advice too please.

    not sure if I can claim compensation.

    I left Dublin for Eindhoven in the Netherlands on Saturday 16/11/2013.
    We were infomed about 30 mins from landing that we were being diverted to Weeze in Germany as there was fog in Eindhoven and they could not land. We landed about 20 mins before our original arrival time for Eindhoven (which was 15:35 on the itinery)and were told that buses would be coming to pick us up.
    It took about and hour and half for the first bus to arrive which was too full for us to board. We were told that another bus would be arriving soon.
    About 5 hours after we initally landed (around 8pm) the 2nd and 3rd buses finally arrived and we were taken onto Eindhoven and arrived there about 9:00pm. Do I have a legit claim?

    Also, we received no further advice once we left the plane. No food, no drink, no nothing :(
  • edited 20 November 2013 at 5:38PM
    richardwrichardw Forumite
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    edited 20 November 2013 at 5:38PM
    Are Eindhoven and Weeze part of the same metro area?

    Is Fog fairly ordinary at Eindhoven?
    Posts are not advice and must not be relied upon.
  • All I know is Eindhoven is in the Netherlands and Weeze is Germany. It took about 1 hr by bus to travel between destinations. All we were told on board the plane was they couldn't land in Eindhoven because of fog
  • VaubanVauban Forumite
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    No compensation due if it's clearly a weather-related problem with landing.
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