Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson · 29 March 2015 at 5:07PM

Pmcm wrote: »

Hi all,
Just a quick update on my case....
After the Allen case the Court rejected the stay Ryanair requested and gave them until Friday to respond. Ryanair have now requested another stay until the the conclusion of Kelly Barnes v Ryanair case, which the Court has now granted (without hearing)!
I will now make some small updates to the letter very kindly supplied by Dr Watson and write to the Court to have the stay set aside again.

Pmcm,
What on earth are the court thinking? Barnes vs Ryanair was one of the combined cases linked together with the Allen case.
Judgment was made and no stay's were allowed. The court should lift your stay.
Yes RA have appealed the judgment, but courts should not be further staying cases involving RA because of this, just because they have appealed doesn't mean it gets granted...and interestingly none of the other airlines have appealed, which gives you an inkling as to the merits of this appeal.
Do make some small amendments to the letter and ping this straight off to your court.
Shame on your court....as poor as RA IMO.
Good luck and keep going.

legal_magpie · 29 March 2015 at 11:10PM

Of course, this is one of the risks of going it alone

NoviceAngel · 30 March 2015 at 10:22AM

Dr_Watson wrote: »

Pmcm,
What on earth are the court thinking? Barnes vs Ryanair was one of the combined cases linked together with the Allen case.
Judgment was made and no stay's were allowed. The court should lift your stay.
Yes RA have appealed the judgment, but courts should not be further staying cases involving RA because of this, just because they have appealed doesn't mean it gets granted...and interestingly none of the other airlines have appealed, which gives you an inkling as to the merits of this appeal.
Do make some small amendments to the letter and ping this straight off to your court.
Shame on your court....as poor as RA IMO.
Good luck and keep going.

I agree, but if you think back to the Huzar case, even after the CoA said up yours to the airlines, cases were still further stayed, pending permission to appeal to the SC.

So although I don't agree that cases should be further stayed pending Ryanairs permission to appeal, I can understand why some Judges are taking the easy option...

Cheers,

NoviceAngel

feduptraveller · 31 March 2015 at 5:01PM

Hello, I was wondering if anyone could help. I was booked on to a Ryanair flight from Dublin to Stansted that was delayed (by nearly 5 hours). The flight was at 18.55, and we got several messages giving new departure times, the final one at around 10pm gave a departure time of 23.45. A couple of other flights flying *the same route* left with only minor delays. I was worried that they might cancel the flight, so managed to get on to one of the other flights leaving earlier than my delayed departure time. The flight I was on landed at 23.47, so still over 3 hours after the original expected arrival time. I then had to pay for a taxi home as no trains (£80).

My question is, would I still be entitled to compensation even though they booked me on to another flight? The second flight was delayed by less than one hour, but overall I still arrived more than 3 hours late.

Many thanks! I have tried a no win no fee solicitor but they said I'm not entitled to compensation as I re-booked. It doesn't sound right to me though...

Dr_Watson · 31 March 2015 at 6:47PM

feduptraveller wrote: »

Hello, I was wondering if anyone could help. I was booked on to a Ryanair flight from Dublin to Stansted that was delayed (by nearly 5 hours). The flight was at 18.55, and we got several messages giving new departure times, the final one at around 10pm gave a departure time of 23.45. A couple of other flights flying *the same route* left with only minor delays. I was worried that they might cancel the flight, so managed to get on to one of the other flights leaving earlier than my delayed departure time. The flight I was on landed at 23.47, so still over 3 hours after the original expected arrival time. I then had to pay for a taxi home as no trains (£80).

My question is, would I still be entitled to compensation even though they booked me on to another flight? The second flight was delayed by less than one hour, but overall I still arrived more than 3 hours late.

Many thanks! I have tried a no win no fee solicitor but they said I'm not entitled to compensation as I re-booked. It doesn't sound right to me though...

feduptraveller,
Interesting one, did you book yourself on the 'other flight' or did RA do this?

feduptraveller · 31 March 2015 at 8:24PM

Dr Watson, thanks for this. There were two Dublin-Stansted Ryanair flights scheduled after my delayed flight that evening and this was the second one. I just waited at the gate with a few others with the same problem making a fuss. They said it's fully booked but to wait in case someone didn't turn up. When they finished boarding they said there are 6 seats left and allowed 6 of us to board. So Ryanair "booked" me on to the flight, but only just before departure.

feduptraveller · 31 March 2015 at 8:26PM

Sorry, that should have said my delayed flight (not cancelled)

Dr_Watson · 31 March 2015 at 9:58PM

feduptraveller wrote: »

Dr Watson, thanks for this. There were two Dublin-Stansted Ryanair flights scheduled after my delayed flight that evening and this was the second one. I just waited at the gate with a few others with the same problem making a fuss. They said it's fully booked but to wait in case someone didn't turn up. When they finished boarding they said there are 6 seats left and allowed 6 of us to board. So Ryanair "booked" me on to the flight, but only just before departure.

feduptraveller,
Not an open and shut case this one for me, the way I see it from what you have said:-
Your original booking was delayed by a number of hours that would certainly have put you in line for compensation. In the meantime (and I don't blame you for this) you tried to get to your destination as quick as possible and was lucky enough to get onto a different flight. This flight too was delayed about an hour, but from your original booking you were over three hours late.
I think the crux of the argument is, Ryanair moved you onto this flight and you didn't do this yourself.
Now I feel that this could be a legitimate claim because of this.
Yes, Ryanair could argue that they did their best to get you to your destination as soon as, and arguably have passed the second limb of the Wallentin 'test'.
But the fact is you arrived over three hours late at your destination compared to your original booking. If you had been put on your original flight you would have been later still.
A claim using ESCP would cost around £35 to lodge at your court and you could be in line for €250.
This claim may be speculative, above is my opinion and how I feel it stands .....I'd be interested to hear what the other regulars on here think.

NoviceAngel · 31 March 2015 at 10:13PM

Dr_Watson wrote: »

..........I'd be interested to hear what the other regulars on here think.

Nurse NoviceAngel would be glad to give an opinion as invited by the good Dr. Watson.

As one would say 'It isn't without some difficulty'.

There are two problems for me, the obvious one, you didn't fly on the original delayed flight, and the delay wasn't over the five hour threshold.Your original flight cannot be deemed to be cancelled.

Ryanair may say that you chose not to travel on the delayed flight, and they agreed that you could travel on another, yes you're saying that's their decision, but you could have chosen to wait it out. Again, like Dr Watson I don't blame you for trying to get to your destination quicker, indeed you should be applauded for that, but just maybe, you waived your right to compensation under EC261/2004 as a result.

In this case, as it's not absolutely clear I'd say ask the opinion of a good NWNF Solicitor, you say you've done that and if they have said 'No' I reluctantly agree with their diagnosis....

I agree though more opinions needed........

Cheers,

NoviceAngel

111KAB · 1 April 2015 at 6:54AM

50/50 - is it worth it? £180 if you are lucky. Odds don't look good to me hence reason NWNF won't bet on it.

Flight delay and cancellation compensation, Ryanair ONLY

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