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  • LJC2013
    Advice please
    Hi
    Any advice please on my next step? Submitted claim for cancelled Ryanair flight from may 2008. Have received reply in 2 days stating the t&c s only accept claims within last two years yet I see your note on uk being 6 years
  • Pounamu
    Hello, quick question, I was delayed yesterday for just over 6 hours flying Barcelona to Birmingham. We was given absolutely no information about what was going on and given only a single €5 food voucher before the airport staff up and left till the plane arrived. The flight eventually left at 2:30am (with no food or drink service due to not being the intended plane to fly from Birmingham and return????) and we was only then told once on the plane that Birmingham airport had been closed due to snow. Any rights for a claim here? Is snow classed as extraordinary circumstances?

    I know this is a long shot but for this 95% on time airline, I'm agitated to say the least after this being the 3rd Ryanair flight I've took in a row thats been delayed more than an hour. Are these stats just made up?
  • Tomazzo
    Hi everyone.
    This a copy of letter I sent to Ryan Air. Anybody knows if I have a chance to get something?
    Complaint
    Flight FR 2286
    Reservation Number: FCHQVS
    Date: 14 November 2012
    Hi. I am writing to You as I want to make a complaint and get a refund from Ryan Air for incident that took place at Warsaw-Modlin Airport on 14 November 2012. Me and my fianc! were to fly with Ryan Air from this airport to Stansted Airport on that day at 4 p.m.
    At about 2:30 I checked in my main luggage at Ryan Air desk and at about 2:50 we were going to check in our hand bags. Suddenly we and other passengers were stopped by some airport officers in the middle of main hall as there was suspicion that somebody had left some unknown envelope in a one of bins.
    They decided to evacuate people from Terminal. We had to go outside the terminal and wait about 1 hour to be allowed to return. Straight after they let us in, we went to check in our hand bags. We were informed that there is a problem with the Ryan Air flight and we were sent to Ryan Air ticket office. In this office we were told that our plane is gone!!!! It flew away leaving 40 PASSENGERS at the Airport.
    We were offered money back or possibility to fly to London Stansted at 9:25 p.m. We chose to fly with Ryan Air later at 9:25 p.m.
    The problem is that I can not imagine how Ryan Air Airlines could leave so many people at the airport??!! At about the same time (4 p.m.) there was Wizzair going to fly to UK and it did wait for all the passengers. Later this evening there was another Wizzair flying to Cork and it was late and all passengers were offered some drinks and snacks. How about Ryan Air?? They did nothing for us although we had to stay at the airport for another 5 HOURS. Ladies in Ryan Air ticket office told us that the decision about leaving passengers in Poland came from Ryan Air Centre in Dublin. Thank you very much!
    Our problem is that this Modlin-Stansted flight was only a part of our trip and we had booked coach tickets before. As Ryan Air decided not to wait for evacuated passengers, we missed our flight and we missed two National Express coaches. First from Stansted Airport to London Victoria Station and second from Victoria Station to Bradford. We had to buy new tickets. We payed for them GBP 52.60. I attache the copy of our tickets. Also we had to sleep at Stansted Airport all night as price for the trip from Stansted to Bradford at night is huge!
    I want to apply for refund of this GBP 52.60 and compensation as I feel upset and very disappointed by the fact that we were left by Ryan Air and that Ryan Air prefers to leave people anywhere rather than be a bit late at destination airport.
    If you care about your LOYAL passengers who we were before I am looking forward for favorable consideration of this complaint. I have to add that I contacted National Enforcement Bodies – Passenger Complaints Unit about incident that happened to us and I got a lot of advice what to do next if this case will not be completed . I am waiting for reply and could you provide me other way of contact than sending postal letters.
    Yours faithfully,
    ...
    I can not find their reply but obviously it said that they will not compensate me.
  • chickennugget
    Success in court but received notice of appeal from Ryanair
    Hi everyone - can anyone help me, please?

    Last June, four of us were delayed on a Ryanair flight by more than 5 hours coming back to the UK, with Ryanair saying the delay was caused by an 'unexpected aircraft safety/technical problem (extraordinary circumstances)'.

    After many requests for Ryanair to give me details of these extraordinary circumstances they refused, so I took them to the small claims court in Dublin (I filed in Ireland because at the time there was the 'stay' on the Sturgeon case in England and Wales).

    The hearing was finally scheduled for last week and the ruling was upheld in my favour on the basis that there was indeed a technical fault that Ryanair could have taken reasonable measures to prevent. We were awarded 1000 euros altogether. During the hearing, I finally found out what the technical problem was - a sensor on the plane. I did not require any legal representation or formal advice to achieve this judgment.

    However, yesterday I received a Notice of Appeal from Ryanair's solicitors. It says: "With regard to the basis upon which the District Judge arrived at his decision, we have been instructed by our clinets to appeal the whole of his judgment to the Circuit Court in Dublin."

    So can anyone help me with these questions, bearing in mind I'm talking about Ireland here so there may be different rules?


    1. I thought appeals were granted only if there was an error in the legal sense or a serious irregularity in the court proceedings. Does this notice mean an appeal is a foregone conclusion?

    2. If the appeal were to be allowed, how do I get details of Ryanair’s reason for appealing?

    3. Does anyone know if the Circuit Court judge will conduct a full re-hearing or if the appeal is purely based on a review of the District Court judge’s interpretation of the evidence? I have seen both scenarios stated online.

    4. If I decide not to attend the appeal, will this prejudice my case? Do I have to attend? If not, can I provide a written submission? By the way, I was told by the clerk of the (District/small claims) court in Dublin before the original hearing last week that I had to attend in person, so it's not the same as in the UK when I think you can nominate someone else? Is this the same for appeals?

    5. Does anyone know what costs may be involved, e.g. am I liable for any costs if I lose the appeal and can I claim further costs (such as travel) if I win?

    Ideas anyone? Thanks for your help, Centipede.

    Chicken
    • Mark2spark
    • By Mark2spark 23rd Jan 13, 4:47 PM
    • 2,285 Posts
    • 876 Thanks
    Mark2spark
    Same for me Chicken nugget, sorry.

    I would wait until more paperwork came through from the court, firstly to see if the appeal had been allowed, and on what grounds they were appealing. In the UK, this would be disclosed.
    Depending on what was said, then a solicitors appointment beckons.
    Have a search on the WWW to see if any sols do pro bono work in this field.
    From the facts posted, I still believe you to be on strong ground, with the EU appeal ruling completely in your favour.
    • Antonio_D
    • By Antonio_D 23rd Jan 13, 6:03 PM
    • 22 Posts
    • 0 Thanks
    Antonio_D
    Hi,

    Looking for some advice and guidance if possible I sent a letter to Ryanair using the MSE template. I have received the below response:

    I acknowledge receipt of your letter received in our office on the 17th January 2013.
    We sincerely regret for the delay of your flight FR8183 from Fuerteventura to London
    Stansted on the 22/09/10, which was caused by strike action outside of Ryanair’s control.
    Ryanair is committed to provide on time flights for all passengers and is Europe's No.1 ontime
    Airline.
    Occasionally, there are situations outside our control such as strikes which disrupt our
    flights. We sincerely regret that this flight was one of these rare delayed flights.
    Because this delay was outside Ryanair's control (extraordinary circumstances) we regret
    to advise that no compensation is due under EU261.
    Passengers are advised of their rights under Regulation EU261 as follows:-
    - The wording of EU261 is printed on each passenger's online boarding pass.
    - At check-in online all passengers are provided with a direct link to EU261 notice in PDF
    format
    - Passengers confirm receipt of EU261 notice prior to checking- in on line.
    - The notice is available on our website at all times
    - A link to the notice is included in our website flight disruption notices on xxx.xxx.xx
    - A link to the Article 14.2 notice is included in the flight cancellation email sent to affected
    customers
    - In addition the notice is displayed at all Ryanair Bag Drop Desks
    - The notice is also distributed by airport staff in the event of a flight cancellation or delay
    over 3 hours.
    We note that refreshment vouchers were issued according to the time of delay.
    If you incurred any additional reasonable receipted expenses during the delay, then please
    forward copies of these receipts so we may consider them.
    I do hope the above has clarified this matter.
    Please accept our renewed apologies for any inconvenience caused to you and we hope that
    you will afford us the opportunity of serving you more successfully in the near future.

    Can you advise what my next steps should be, we were the only flight that stayed over in Fuetreventura and there was no strike at the airport if I remember correctly the control tower washaving issues but all other flights left before the night was over.

    We also had to sleep on the airport floor overnight!!!

    Thanks
    • richardw
    • By richardw 23rd Jan 13, 6:07 PM
    • 19,062 Posts
    • 8,044 Thanks
    richardw
    Perhaps wait until they actually put an appeal in, chickennugget?
    Posts are not advice and must not be relied upon.
  • SuperReds08
    Advice please
    Hi, another Ryanair saga I'm afraid. To cut a long story short our party of four was on a flight to Faro (Portugal) in 2011 which ended up in Malaga (Spain!). Ryanair got us to Faro by coach some 9 hours after our scheduled arrival time. After several letters to Ryanair they have admitted that the diversion was caused due to operational difficulties as a result of technical difficulties with a Malaga based aircraft”, i.e. they wanted our aircraft in Malaga!
    I cannot see how this can be explained away as 'exceptional circumstances' as the problem was not even on our plane, and have therefore claimed €1,600 being €400 per passenger as the ultimate delay was over three hours and the distance over 1,500km's (should I be claiming a refund as well as compensation?).
    Ryanair are refusing point blank to play ball - no surprise there - and ultimately I guess I will end up claiming through the Courts.
    However, my question is this. The CAA have suggested that they would take up my claim with Ryanair. Has anyone experience with the CAA fighting their corner is it this likely to simply be further delay before ending up in Court?
    Any advice much appreciated.
  • panasonic1977
    Hi everyone - can anyone help me, please?

    Last June, four of us were delayed on a Ryanair flight by more than 5 hours coming back to the UK, with Ryanair saying the delay was caused by an 'unexpected aircraft safety/technical problem (extraordinary circumstances)'.

    After many requests for Ryanair to give me details of these extraordinary circumstances they refused, so I took them to the small claims court in Dublin (I filed in Ireland because at the time there was the 'stay' on the Sturgeon case in England and Wales).

    The hearing was finally scheduled for last week and the ruling was upheld in my favour on the basis that there was indeed a technical fault that Ryanair could have taken reasonable measures to prevent. We were awarded 1000 euros altogether. During the hearing, I finally found out what the technical problem was - a sensor on the plane. I did not require any legal representation or formal advice to achieve this judgment.

    However, yesterday I received a Notice of Appeal from Ryanair's solicitors. It says: "With regard to the basis upon which the District Judge arrived at his decision, we have been instructed by our clinets to appeal the whole of his judgment to the Circuit Court in Dublin."

    So can anyone help me with these questions, bearing in mind I'm talking about Ireland here so there may be different rules?


    1. I thought appeals were granted only if there was an error in the legal sense or a serious irregularity in the court proceedings. Does this notice mean an appeal is a foregone conclusion?

    2. If the appeal were to be allowed, how do I get details of Ryanair’s reason for appealing?

    3. Does anyone know if the Circuit Court judge will conduct a full re-hearing or if the appeal is purely based on a review of the District Court judge’s interpretation of the evidence? I have seen both scenarios stated online.

    4. If I decide not to attend the appeal, will this prejudice my case? Do I have to attend? If not, can I provide a written submission? By the way, I was told by the clerk of the (District/small claims) court in Dublin before the original hearing last week that I had to attend in person, so it's not the same as in the UK when I think you can nominate someone else? Is this the same for appeals?

    5. Does anyone know what costs may be involved, e.g. am I liable for any costs if I lose the appeal and can I claim further costs (such as travel) if I win?

    Ideas anyone? Thanks for your help, Centipede.

    Chicken
    Originally posted by chickennugget
    Hi,

    thanks for the post. I am thinking of going to court in Dublin as Ryan air have refused to pay me. I wrote to them asking for the reason the flight was delayed and the wrote back to me saying the flight was delayed because of extraordinary circumstances. As i live in Tenerife I wrote to the Spanish aviation authority (AESA) to ask if they could find out what the extraordinary circumstances were. After a few weeks I had a reply from ASEA saying that Ryanair failed to respond to their letter and in this case failed to prove extraordinary circumstances. They said the matter was closed and Ryanair should pay each member of my family 400€ (1200€).

    I wrote to Ryanair and enclosed a copy of the letter from ASEA. Ryanair never even replied to me. i then entered a claim in the Dublin small courts and Ryanair have now refused the claim and have given the following as their reason;

    However, unfortunately during this flight a fault developed with the Primary Flight Display and the aircraft was forced to divert to Madrid. At that point a spare aircraft was provided and the passengers were switched as quickly as possible. The journey resumed and the spare aircraft EI-DWE then proceeded to operate the flight leg in question, FR1122 From Tenerife south to Birmingham.

    As the flight was delayed for reasons outside of the control of the airline (extraordinary circumstances), no monetary compensation under Article 7 of EU261/2004 is due.


    They also included a lot of techincal graphs and jargon!


    Why did they not write to ASEA with all this info when they had the chance?

    The court has now asked if I wish to continue to a court case which i would need to attend in person. As this would mean me traveling from Tenerife the cost would be high so a couple of questions;

    do you know if i can ask for travel expenses for the court case?

    how long did the case take to come to court?

    How long did it last?

    Does it cost any extra to go to court ?(over the 25€ paid to start the claim)

    Why was the court ruling only 1000€ seeing as there were 5 in your party?

    plus does anyone know if I can switch this claim to the European small claims court or MCOL to save having to travel to Ireland?

    Any help would be great as I am one of those people who likes to see things out until the end.
    Last edited by panasonic1977; 24-01-2013 at 6:06 PM.
  • blondmark
    How to sue Ryanair in three easy steps
    This information has been redacted
    Last edited by blondmark; 05-11-2013 at 2:41 PM.
    • Mark2spark
    • By Mark2spark 24th Jan 13, 9:50 PM
    • 2,285 Posts
    • 876 Thanks
    Mark2spark

    Any help would be great as I am one of those people who likes to see things out until the end.
    Originally posted by panasonic1977
    Seeing as you appear to be asking for opinions, IMO I think it's touch and go whether this could be an acceptable 'in flight safety shortcoming' excuse that a judge would wear.
    The outcome is far from certain anyway, so it would be up to you to weigh up the pro's and con's from a cost POV of attending an arguing it out.
    Responding along the lines of the post below yours with an explanation of your distance from the court preventing you from attending might be the best you could do.
  • panasonic1977
    Seeing as you appear to be asking for opinions, IMO I think it's touch and go whether this could be an acceptable 'in flight safety shortcoming' excuse that a judge would wear.
    The outcome is far from certain anyway, so it would be up to you to weigh up the pro's and con's from a cost POV of attending an arguing it out.
    Responding along the lines of the post below yours with an explanation of your distance from the court preventing you from attending might be the best you could do.
    Originally posted by Mark2spark
    as the flight the problem occurred on was not my flight but the flight coming out to pick us up I think the knock on of a five hour delay was avoidable. Even worse when we got to the airport it was showing a 1 hour delay which proceeded to extend by 1/2 an hour every so often until it showed a 2 hour delay. As no one at the airport seemed to know what the problem was I phoned my brother to check on the internet to see if he could find out the problem. It turned out the plane was on the ground in Madrid. Madrid is over 3 hours flying time from Tenerife so how they expected it to get here in 2 hours is beyond me. Also if the problem is as they say EC why not just reply to ASEA when asked
  • blondmark
    Ryanair appeal
    This information has been redacted
    Last edited by blondmark; 05-11-2013 at 2:41 PM.
  • chickennugget
    Do go through the process to the end, enjoy your stay in Dublin if you go (apparently Ryanair do a very good fare to Dublin) and tell us what happened.

    Message me if I can help further.
    Originally posted by blondmark
    Thanks for your really helpful advice. One question: you say to see it through to the end, but even if I win on appeal can R just appeal the decision to a higher court again? And again? There's conflicting info online about whether a respondent can appeal after a judgment and I'm concerned that even winning now would not do me any favours.
  • blondmark
    This information has been redacted
    Last edited by blondmark; 05-11-2013 at 2:42 PM.
  • Shakey456
    Ryanair admit technical problem,took to small claims yet refuse to pay up! What now ?
    Firstly let me say what a fantastic site.

    I was on flight FR2157 from Malaga to Birmingham which arrived at 3.44am on 17/10/2012 (3 hours 49 mins late).

    I used the standard letter off here and wrote to Ryanair on 15/11/12 asking for my 400 euros compensation.

    Ryanair responded on 20/11/12 advising that the delay was due to an unexpected safety/technical problem with the aircraft and it was necessary to delay the flight until the fault was rectified and the aircraft cleared for operation by 'our Engineering Department' saying that 'there are situations which are outside our control of an airline such as technical faults that disrupt our flights . As this delay was outside Ryanair's control (Extraordinary Circumstances) , we regret to advise that no compensation is due under EU261'.

    I therefore filed a claim using the Small Claims court process in Swords District Court pointing out that this was a technical failure as admitted by Ryanair and that their defence of Extraordinary Circumstances does not hold . Ryanair have responded to the court '' I have reviewed the tech with our Engineering Dept they have confirmed that the engine failure was an extraordinary circumstance outside of our control and thus no compensation is due.There is no way to foresee such an event.''
    The Small Claims court have asked me if I want to take it to a Court Hearing but that I must attend in person , must pay my associated expenses and have been informed that it is possible for costs to be awarded against me in the Circuit Court if Ryanair issue appeal proceedings.

    It feels to me that I have a valid case but that Ryanair are hoping I will go away !!!! A bit of a David V Goliath .

    I just wondered what advise anybody has for me in terms of what to do next ?

    I am half minded to take them all the way but clearly the thoughts of having to pick up their costs is a bit of a deterrent !! Would anybody recommend using one of those third party claims companies that take a 25% cut or realistically have I done what they would have done any way ?

    My other thought is if there are similar people who are not getting anywhere with Ryanair that we might join forces and see if a lawyer might take on our case(s) on a 'no win no fee' basis

    (not then end of the world though btw , Easyjet are paying up 1600 euros for a 4 hour delay from 2009 from Dalaman to Manchester when there were 4 of us travelling !!)
  • blondmark
    This information has been redacted
    Last edited by blondmark; 05-11-2013 at 2:42 PM.
  • chickennugget
    Any further appeal is limited strictly to a point of law so I wouldn't lose any sleep over that remote possibility.
    Originally posted by blondmark
    Thanks for your advice Blondmark. The stress and worry of this are just not worth it! Regarding costs, I've been advised by a solicitor that judges' opinions vary widely and it's luck of the draw. If you do lose you can possibly be liable for the other side's costs, though for a circuit court these would rarely go above 10,000 euros. It's difficult to say what might happen if you lose. This is a VERY worrying high figure! Does anyone know what percentage of 'losers' end up having to pay costs? What sort of figures are likely?

    We've been advised to consider appointing someone to do the advocacy, which is about 1000 euros, which they would claim back from R if we won and no fee would be payable from us if we lost. The CC can't award any more than the SC court, so we can't get a higher figure even if we win, and you can't claim travel only any legal fees I believe.

    We are therefore considering just rolling over and not contesting the appeal. It's just too stressful - preparing for the case and attending court, the hassle of travel etc. simply aren't worth it. So Blondmark, if we write to the court once we get the date of the appeal and say that we're not contesting or attending, presumably it will still take place in our absence and the ruling will go against us? What we don't want is to then be summoned to court, so I hope this can't happen. Then we'll just have to cross our fingers over costs.
  • blondmark
    This information has been redacted
    Last edited by blondmark; 05-11-2013 at 2:42 PM.
  • Dodgeball
    Would involving the media (both social and press etc) help any of these cases. Cleary the possibilty of high legal costs compared to the value of the compensation is putting off those with good cases.

    I have no legal experience or knowledge what so ever so have no idea even if this sort of thing is allowed, but there was an article in the Telegraph last week from a journalist who seems to have written a number of articles about compensation and Ryan air particulary.
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