A question about : Delayed Flight Compensation
Hi All,
I have been informed that I am entitled to delayed flight compensation for a recent flight from Bristol to Dublin under EU regulation 261/2004. We were delayed by just over 5 hours. I have since sent a fax and letter to ryanair using a template I found on the net as shown below. Their response by email is below this.
Basically I feel they have not proved or provided any evidence that the reason for the delay was through 'exceptional circumstances'. In the end they got a plane from Gatwick to take us to Dublin. The cabin crew told us this and explained there was no refreshments on board as the plane was not scheduled to fly.
What should my next step be or just accept it as a no goer?
Xxxxxx xxxxx
Xxxxxx
Xxxx
xxxxxxxxxxx
16 April 2012
By fax: +353 1 812 1676
By Post:
Ryanair
Customer Service Department,
P.O. 11451,
Swords,
Co. Dublin,
Ireland.
Dear Ryanair,
MY REF: 120419-FR505- XXXXX -XX
I am writing to complain about the delay I experienced on a flight which I had booked with your company. I believe that under the EU Regulation 261/2004 I am entitled to compensation and to a reimbursement of food and accommodation expenses which I incurred as a result of the delay.
1. The Nature of this Letter & Possible Legal Action
This is a Letter of Claim or Letter before Action within the meaning of the Civil Procedure Rules 1998. Sending this letter of claim is a formal step before Legal proceedings are issued against you in the County Court.
You should respond to this letter within 21 days. If you fail to respond, the Court may take the view that this is an unreasonable refusal to attempt to resolve this matter and you may be ordered to pay any legal costs which I incur.
If a favourable response is not forthcoming I may refer the matter to the Air Transport Users Council for investigation or report your company to the Civil Aviation Authority (or whichever National Enforcement Body may be relevant).
2. The Facts of This Claim
On 06 April 2012 I had a booking to fly from Bristol Airport, UK to Dublin Airport T1, Ireland on flight number FR505 Departing at 08:00 hours. The following people were flying:
Xxxxx Xxxxx [Reference No. XXXXXX]
I was at the airport on time and was present for checking-in at or before the time specified in your terms and conditions.
The Flight was delayed by over 5 hours. The flight eventually departed at 13:05 HOURS. This caused considerable inconvenience and caused me to incur expenses in relation to food and drink. I was informed at the time that the delay was caused by technical difficulties with the aircraft.
3. The Relevant Law
I refer you to EU Regulation 261/2004 („the Regulation‟) which clearly sets out the rights that consumers have in situations where they are booked on a flight with an EU based airline or which departs from an EU airport and their flight is cancelled or delayed.
Articles 6(1) and 9(1) of the Regulation provide that where a flight is delayed beyond a certain length of time, the passenger is entitled to a full refund of the cost of the flight:
“Where reference is made to this Article, passengers shall be offered free of charge:
a) Meals and refreshments in a reasonable relation to the waiting time
b) Hotel accommodation in cases
- Where a stay of one or more nights becomes necessary, or
- Where a stay additional to that intended by the passenger becomes necessary
c) Transport between the airport and place of accommodation (hotel or other).”
Further, Article 7(1) of the Regulation provides that where a flight is cancelled, passengers are entitled to compensation as set out below:
“Where reference is made to this Article, passengers shall receive compensation amounting to:
d) EUR 250 for all flights of 1,500 kilometers or less;
e) EUR 400 for all intra-Community flights of more than 1500 kilometers and for all other flights between 1500 and 3500 kilometers;
f) EUR 600 for all flights not falling under (a) and (b).”
In the cases of Sturgeon v. Condor (C-402/07) and Bцck v. Air France (C-423/07) the European Court of Justice ruled that where a flight is delayed for over 3 hours, the passenger is entitled to compensation as if the flight was cancelled.
4. What is Required of You
I believe that under the Regulation I am entitled to full reimbursement of all reasonable food, travel and accommodation expenses which I incurred during the period of delay and compensation. I therefore require payment of the following:
Reimbursement of expenses Ј 4.79 GBP (Copy of receipt attached)
Compensation Ђ 250 EUR
Total Payment Required: Ђ250 Euro + Ј4.79 GBP
In accordance with the Regulation I require this amount to be paid in cash, by cheque, or by electronic bank transfer.
If you maintain that the flight cancellation falls within the “exceptional circumstances” exception, I direct you to the case of Wallentin-Hermann v. Alitalia (C-549/07) which states that it is the responsibility of the airline to prove the “exceptional circumstances”. I put you to strict proof on this issue and I require you to provide me with copies of documentation and witness statements to evidence this.
I look forward to receiving your response.
Yours Sincerely
Best answers:
- Ryainair response by email....
19/04/2012
Private and Confidential - you would be better posting on this thread https://forums.moneysavingexpert.com/...ad.php?t=47230
you are currently in the Volcano chaos board and not sure if many people read this one - i liked this very much.... waiting for more
- thanks for the replies...
I have moved the thread to here...
https://forums.moneysavingexpert.com/...=47230&page=77 - What if you had a flight booked but didn't fly on the flight?
- So Flybe are telling me that the reason for the delayed flight of four hours is that a hydraulics failure mean the plane had to divert before geting to the airport I was taking it from. And they state that this is considered an "extraordinary circumstance."
True? - Sorry wrong thread
- 369 reads