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    • Oasis1
    • By Oasis1 31st Jul 18, 12:25 PM
    • 446 Posts
    • 411 Thanks
    Oasis1
    I got a (first and 'final'!) response to my claim... no surprises:

    We sincerely regret the cancellation of your flight FR147 from London Stansted to Berlin Schonefeld on the 27/07/2018 which was due to adverse weather conditions.

    However, as this cancellation was for safety reasons and therefore outside Ryanair’s control we regret to advise that no monetary compensation is due under EU Regulation 261/2004.
    Can I contest this? I believe other flights went ahead, and we also boarded the plane before being taken off.

    We will always make best efforts initially to accommodate you on an alternative Ryanair flight. However, if you choose to purchase a flight with another airline, without prior agreement with Ryanair, this may result in you being unable to recover the cost of that ticket from us.
    I did have prior agreement with Ryanair and have a Live Chat transcript of this. They also haven't commented on my reimbursement claim for my taxi journey home from the airport.

    This letter contains our final position in relation to your complaint. If you are unhappy with our decision, you can take your complaint to Alternative Dispute Resolution (ADR)."
    Do I try to respond directly with the copy of the transcript or go straight through ADR? Or now that I have been in through their claim system, can I now use Resolver?

    • JPears
    • By JPears 31st Jul 18, 1:04 PM
    • 4,401 Posts
    • 1,201 Thanks
    JPears
    I got a (first and 'final'!) response to my claim... no surprises:

    Can I contest this? I believe other flights went ahead, and we also boarded the plane before being taken off.

    I did have prior agreement with Ryanair and have a Live Chat transcript of this. They also haven't commented on my reimbursement claim for my taxi journey home from the airport.

    Do I try to respond directly with the copy of the transcript or go straight through ADR? Or now that I have been in through their claim system, can I now use Resolver?
    Originally posted by Oasis1
    Usual bovine excrement from RA, giving you incorrect information on the regualtion.
    The basic problem is that passengers have exceptional difficulty actually getting iin touch with RA in the first place for re-routing and have to take matters into their own hands.
    There is NOTHING in the regulation which limits you, or allows the airline to dictate terms to you, in relation to re-routing.
    Airlines will often use the term "reasonable" in terms of additional re-routing travel expenses, again this term is not present in the regualtions. I have checked and double checked.
    Forget resolver. I would now contact the ADR. RA have given you their final position, which gives you a green light to go straight to an ADR. Clearly they have not engaged or considered your claim correctly.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • HelpwithRyanair
    • By HelpwithRyanair 31st Jul 18, 1:05 PM
    • 26 Posts
    • 3 Thanks
    HelpwithRyanair
    Now that Bott and Co aren't taking Ryanair cases anymore can anyone recommend a good no win, no fee flight delay specialist company that we could use instead?
    • Oasis1
    • By Oasis1 31st Jul 18, 1:24 PM
    • 446 Posts
    • 411 Thanks
    Oasis1
    Usual bovine excrement from RA, giving you incorrect information on the regualtion.
    The basic problem is that passengers have exceptional difficulty actually getting iin touch with RA in the first place for re-routing and have to take matters into their own hands.
    There is NOTHING in the regulation which limits you, or allows the airline to dictate terms to you, in relation to re-routing.
    Airlines will often use the term "reasonable" in terms of additional re-routing travel expenses, again this term is not present in the regualtions. I have checked and double checked.
    Forget resolver. I would now contact the ADR. RA have given you their final position, which gives you a green light to go straight to an ADR. Clearly they have not engaged or considered your claim correctly.
    Originally posted by JPears

    Thank you for your reply JPears. How effective are the ADR?
    Do I have to go through them before going to ESCP?

    • JPears
    • By JPears 31st Jul 18, 1:52 PM
    • 4,401 Posts
    • 1,201 Thanks
    JPears
    Its a mixed bag with ADR. Your case goes before a legal trained and now, hopefully, regulation savvy person but we have seen the odd bizarre decision both for and against the claimant.
    Using the ADR doesn't stop you from using ESCP after, if the decision isn't in your favour.


    There have also been issues with getting an airline to pay up after the ADR has found in favour of the client.
    On this occasion I think it may be sensible to use the ADR.
    Include as much information and evidence as possible. Whilst its not the same as going to the small claims court, the more evidence and information in your favour, the better. The adjudicator will probably do little actual researcch, just relying on information given by both sides. I believe you should have the opportunity to review information provided by RA?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Oasis1
    • By Oasis1 31st Jul 18, 4:32 PM
    • 446 Posts
    • 411 Thanks
    Oasis1
    Its a mixed bag with ADR. Your case goes before a legal trained and now, hopefully, regulation savvy person but we have seen the odd bizarre decision both for and against the claimant.
    Using the ADR doesn't stop you from using ESCP after, if the decision isn't in your favour.


    There have also been issues with getting an airline to pay up after the ADR has found in favour of the client.
    On this occasion I think it may be sensible to use the ADR.
    Include as much information and evidence as possible. Whilst its not the same as going to the small claims court, the more evidence and information in your favour, the better. The adjudicator will probably do little actual researcch, just relying on information given by both sides. I believe you should have the opportunity to review information provided by RA?
    Originally posted by JPears

    Thanks that's useful to know. I've submitted pretty much everything I have so let's see... wish me luck!

    • firsttimebuyer2013
    • By firsttimebuyer2013 31st Jul 18, 5:28 PM
    • 159 Posts
    • 22 Thanks
    firsttimebuyer2013
    Hoping someone can advise.

    My partners flight from Stansted to Glasgow today was cancelled this morning. Ryanair have offered rerouting but the next available flight was Friday. She was due to fly home Thursday night with Flybe in to Southend airport.

    Ryanair are offering a refund which is fair enough, but they are refusing to pay for our flight from Glasgow to Southend via Flybe which we no longer need.

    Are they allowed to do this? Are they allowed to leave us out of pocket?

    Thanks
    • Justice13075
    • By Justice13075 31st Jul 18, 5:47 PM
    • 1,514 Posts
    • 528 Thanks
    Justice13075
    Yes, You need to speak with Flybe to see if they will refund you but I doubt it also if you have travel insurance check that. What was the reason for the cancellation? If it wasn't caused by extraordinary circumstances each passenger could be entitled to 250 euro. Put the cancelled flight details into euclaim and bottonline and see what they say
    • firsttimebuyer2013
    • By firsttimebuyer2013 31st Jul 18, 5:51 PM
    • 159 Posts
    • 22 Thanks
    firsttimebuyer2013
    Yes, You need to speak with Flybe to see if they will refund you but I doubt it also if you have travel insurance check that. What was the reason for the cancellation? If it wasn't caused by extraordinary circumstances each passenger could be entitled to 250 euro. Put the cancelled flight details into euclaim and bottonline and see what they say
    Originally posted by Justice13075
    Thanks

    Was cancelled due to thunderstorms apparently. I'm not sure how much I believe that though, as plenty of flights have been taking off and landing without problems. Why for example was the 16:30 to Edinburgh ok even though it was only 30 minutes after the scheduled Glasgow one!

    Also notification was at 9am this morning!
    • Justice13075
    • By Justice13075 31st Jul 18, 5:59 PM
    • 1,514 Posts
    • 528 Thanks
    Justice13075
    As I said put the details into the 2 companies I mentioned
    • F_Bear
    • By F_Bear 31st Jul 18, 7:45 PM
    • 333 Posts
    • 141 Thanks
    F_Bear
    flew from tenerife south on jan 27 and becuase of 'strong winds' our plane (that we were to travel back on) was the only one that failed to land and went to tenerife north instead. was then flew down to south and we set off 4 hours later.


    applied via resovler and esculated all the way to AESA who ruled in my favour. ryan air have now replied basically saying unlucky, our orginal knock back still applies.


    where do i go from here please?
    • JPears
    • By JPears 31st Jul 18, 8:26 PM
    • 4,401 Posts
    • 1,201 Thanks
    JPears
    Take your case to the ADR and submit the AESA report as part of your evidence. It carries little weight in a UK court but possible is helpful withthe ADR system.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Justice13075
    • By Justice13075 31st Jul 18, 8:31 PM
    • 1,514 Posts
    • 528 Thanks
    Justice13075
    What's a matter with Botts are they not taking on any Ryanair cases and if not why not?
    • boatman
    • By boatman 31st Jul 18, 8:55 PM
    • 4,104 Posts
    • 2,899 Thanks
    boatman
    I got a (first and 'final'!) response to my claim... no surprises:

    Can I contest this? I believe other flights went ahead, and we also boarded the plane before being taken off.
    Originally posted by Oasis1
    In my case, Ryanair's only defence was a link to a weather report, absolutely nothing else. On that basis alone I would feel that it would be impossible for the adjudicator to find in favour of Ryan air. They have provided no evidence of their efforts to keep the flight on time, they cannot claim exceptional circumstance, they have provided no evidence that other flights were also delayed by over 3 hours because of the weather(they weren't). Still waiting for an adjudication, its been 6 months with Aviation ADR...
    • JPears
    • By JPears 31st Jul 18, 10:03 PM
    • 4,401 Posts
    • 1,201 Thanks
    JPears
    6 months!
    I think it's time you started hassling and harassing the ADR for progress on a weekly if not daily basis. Make a complaint to the CAA about both Ryanair and the ADR.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 31st Jul 18, 10:26 PM
    • 1,747 Posts
    • 752 Thanks
    Tyzap
    What's a matter with Botts are they not taking on any Ryanair cases and if not why not?
    Originally posted by Justice13075
    They explain it here...

    https://forums.moneysavingexpert.com/showpost.php?p=74595512&postcount=2978

    I'm sure its not by choice, Botts are registered in the UK but Ryanair is an Irish company, hence no jurisdiction in the Irish judicial system.

    From Botts statement it sounds like they are trying to appeal the court decision that brought this ridiculous situation about, but at the moment their hands are tied.
    Last edited by Tyzap; 31-07-2018 at 10:29 PM.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • dean8006
    • By dean8006 1st Aug 18, 8:33 AM
    • 9 Posts
    • 0 Thanks
    dean8006
    Delay
    I was on a delayed flight in june from faro to bhx, Ryanair have refused me compensation under eu261/2004 saying my flight was 169 minutes late, yet 11 other fellow passengers have received €400 equivalent as compensation refund under the very same eu 261/2004 ruling!!! I have escalated it with resolver, has anyone else experienced this ??
    • JPears
    • By JPears 1st Aug 18, 8:43 AM
    • 4,401 Posts
    • 1,201 Thanks
    JPears
    It happens.
    The cynic in most of the regulars here would suggest they are testing your resolve. Its easy misinform and to fob you off rather than willingly payout. You only have to look at the past few weeks activity on this thread to see how abysmally RA treat their fare paying passengers 99% of the time (Tyzap being the exception)

    What was the date and time and number of ytour flight? Someone with FR access maybe able to check the actuiial flight details.

    Have they given you a final position statement in the response?
    If so contact the ADR Ryanair use. and if you can get all at least some of the fewllow passengers to make a signed declaration that they have received compensation, all the better.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • boatman
    • By boatman 1st Aug 18, 8:51 AM
    • 4,104 Posts
    • 2,899 Thanks
    boatman
    6 months!
    I think it's time you started hassling and harassing the ADR for progress on a weekly if not daily basis. Make a complaint to the CAA about both Ryanair and the ADR.
    Originally posted by JPears
    They said the adjudication can take 60 'working' days, but that is from the time they have a completed case file. To get the completed case file, info needs to be collated from the complainant and the airline, to get to that stage its a minimum of 2 months, so at best you are looking at a minimum of 4 months for an adjudication. The problem is that AviationADR just seem to allow Ryan air to do what they like rather than restricting them to the 14 days. To me if they fail to reply after 14 days you should automatically win your claim.
    I have contacted the CAA with regard to it a couple of times, they have said they have contacted Aviation ADR with regard to it.
    • PomBear
    • By PomBear 1st Aug 18, 8:52 AM
    • 155 Posts
    • 40 Thanks
    PomBear
    As JPears says, if you post date and flight number, your delay can be checked on line.
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