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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

AIBU - for expecting Ryanair to have paid out my compensation for volcanic ash delays last April?

50 replies

westcoastdad · 10/04/2011 21:22

We were stuck in Gran Canaria last April due to the volcanic ash, the ash clouds arrived 2 days after arriving in the Canaries.

Long story short, our 7 day holiday turned into a 19 day holiday until Ryanair could provide us with a flight back to Scotland. We had internet access and heard that Ryanair had to pay out for 'reasonable' expenses until they could fly us home. I'm sure you're all familiar with the scenario's.

I negotiated 12 nights all inclusive with the hotel for ?900 for 2 adults and two daughters 9 & 10. A good deal and very reasonable under the circumstances.

We submitted the claim to Ryanair on their claim form which had to be faxed to a Dublin number, we faxed a paid invoice from the hotel showing the bill paid and with their VAT number etc.

We've heard nothing, absolutely nothing and Ryanair won't discuss it on the phone and do not give any method of contact to discuss the claim

Am I Being Unreasonable in thinking that they should have paid out by now?

OP posts:

thenightsky · 10/04/2011 21:24

Bumping for you. YANBU by the way, in my opinion.

MorticiaAddams · 10/04/2011 21:25

I would imagine with the amount they have to pay out they will delay as long as they can.

geordieminx · 10/04/2011 21:26

I thought they only had to pay flight costs?

We had a similar, were in Tenerife trying to get backup Glasgow, luckily we got seats on a Newcastle flight and hired a car. Ryan air refunded flights that were unused but that was it.

Original poster

westcoastdad · 10/04/2011 21:32

They are responsible for accommodation and meals, see here:

"The Air Transport Users Council says: 'Regulation (EC) 261/2004 requires airlines to offer you meals, refreshments and hotel accommodation as appropriate whilst you wait for a rearranged flight. They should also cover any transport costs between the hotel and the airport. There are no time or monetary limits on the provision of this assistance."

OP posts:

geordieminx · 10/04/2011 21:36

Fair one then.

Would issue them with a solicitor letter tellingvthem they 21 days to respond or you will take them to court and claim for costs.

We had our money returned in about 4 weeks I think but that was only flights

heliumballoons · 10/04/2011 21:37

Who was the accomodation booked through? Was it a tour operator?

TBH all the people on flight only in the hotel I was 'stuck' in were responsible for their own hotel bills. Obviously though if they said they'd pay then thats different.

I was with a tour operator s/c in hotel and all guests were given full board (and those AI remained so). I was given 1/2 hours notice to get on a coach though left Costa del Sol 9pm on the Monday evening (started loading coaches at 7pm) and got back to South England Thursay lunchtime. We had to provide our own food/drink for journey but we got an overnight and meal in a hotel (which was meant to be 5 hours stop for drivers). Whole coach/ ferry journey back was a fuck up tbh.

A1980 · 10/04/2011 21:37

It's a long time to wait but realistically anyone who gets any sort of refund is lucky IMO.

That volcanic eruption was an unprecedented "act of god" and is precisely the sort of scenario that airlines and insurers could legitimately refuse to pay out on.

It's not your fault you got stuck and ended up with all of that extra expense but neither is it theirs. What could they have done to prevent it happening to you?

heliumballoons · 10/04/2011 21:38

Westcoastdad Does what you c&p count for 'acts of god' though? Or only when it's their fault your delayed?

heliumballoons · 10/04/2011 21:39

sorry xposted A1980

FabbyChic · 10/04/2011 21:40

Fax them every single fucking day, asking where your money is. Someone will soon do something about it.

Hassled · 10/04/2011 21:41

I'd imagine that the only way to make such a shower of shites pay attention is a solicitor's letter.

A1980 · 10/04/2011 21:43

Hassled legal fees would end up more than the refund they're due and they would have to foot the bill for their own legal costs as the sterling equivalent of ?900 would be a small claim. It wouldn't be worth paying lawyers to do anything in this situation. They wont get the costs back.

Hassled · 10/04/2011 21:46

I thought Small Claims Court costs were pretty negligible?

But if legal action is a non-starter, then yes, hound them. Daily faxes, emails, phone calls. Or write to someone like the Money Guardian?

thenightsky · 10/04/2011 21:48

yes... what about that Scottish Sunday newspaper that bangs on about folks rights... The Sunday Post?

A1980 · 10/04/2011 21:50

"I thought Small Claims Court costs were pretty negligible?"

The costs are negligible if you do it yourself but you were suggesting a solicitors letter would get their attention.

The costs will not be negligible if you instruct a solcitor to write letters for you and act for you in that small claim. A solicitor will charge their fees and charge you for them for a small claim. But you wont get them back at the end of the claim becasue of the CPR rules regarding costs in small claims.

Hassled · 10/04/2011 21:53

I stand corrected :)

Original poster

westcoastdad · 10/04/2011 21:54

"yes... what about that Scottish Sunday newspaper that bangs on about folks rights... The Sunday Post?"

Lol! Yes I could right to the Hon Man or whatever he's called, I'll get a pensioner to buy the paper for me though!

As to "acts of god", not sure God can help with Ryanair! As far as whether the rules are fair to airlines or not, tough, those are the rules!

OP posts:

proudfoot · 10/04/2011 21:55

YANBU and thanks you have reminded me to chase up Easyjet who have not yet refunded my flights that were cancelled due to the snow at Christmas!

Original poster

westcoastdad · 10/04/2011 21:57

I would need to raise a claim in an Irish court, not sure how effective that would be, plus i don't live in Ireland. However, I suspect Mr O'Leary has bigger lawyers than I can afford!

OP posts:

heliumballoons · 10/04/2011 22:00

The sample reclaim letter

Copy and paste this text, as needed

Dear Sir,

Due to the volcanic ash cloud I had my flight from -- to cancelled on and was left in --.

Unfortunately, your airline failed to meet its obligations under EU rules and did not provide me with the assistance it should have in the form of rerouting home / accommodation / meals / transport to the airport. [Delete as applicable.]

I am therefore asking you to please compensate me for £----. I enclose receipts.

The EU rules that state that I should have been assisted by yourselves are in Regulation (EC) 261/2004. In this Article 5 states that in the case of cancellation or delay of more than one day I am entitled to be reimbursed or re-routed under Article 8 and also offered assistance, including accommodation, meals and transport under Article 9.

Article 9 states:

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).

In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.

Under Article 5 part 3, airlines are able to avoid paying compensation in accordance with Article 7 in the case of 'extraordinary circumstances', but this extraordinary circumstances clause does not apply to the entitlement to assistance under Article 9.

I thank you for your assistance with this and await your response.

Yours faithfully

HTH

Piggles · 10/04/2011 22:00

Friends of my mum's who were in Spain never got any compensation for their extended 'holiday' and have given up asking now (not sure who they flew with.)

DH and I were actually visiting the UK during the ash cloud (we live in the US) and got stuck. Our airline (Delta) took a couple of months to process the claim we made, but did pay us enough money to cover 4 of the extra nights in the hotel.

We were fairly pleased to get that much really as it wasn't the airline's fault we hadn't been able to fly out as scheduled.

YANBU to think they should have given you something by now (even if not the whole amount, a reasonable sum towards your stay) but after a year I would imagine they think they have got away with not paying out.

geordieminx · 10/04/2011 22:03

I think the first step then is to fax/email them telling them you want a response within x number of days otherwise you will be instructing solicitor and contacting press.

Letter to consumer bit in guardian/post wouldnt go a miss

heliumballoons · 10/04/2011 22:03

proudfoot Having got caught in the ash last April I flew to Lapland last December. Last flight to leave Gatwick before it closed. Left Lapland on time as it was open but 1/2 hour before landing were told we couldn't as full - so got diverted..............................to Glascow . Cue 10 hours slipping along a motorway overnight.

Original poster

westcoastdad · 10/04/2011 22:05

@ A1980 what are the CPR rules?

@Heliumballoons, thanks for the template letter - I'll send that daily to their enquiries e-mail address! :-D

OP posts:

A1980 · 10/04/2011 22:07

A1980 what are the CPR rules?

Something I've not quoted properly. I should have said CP rules or CPR.

It stands for Civil Procedure Rules

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