View Full Version : Ryanair pays passengers in row over flight cancellation
bughunta
7th Apr 2011, 16:37
From my local rag tonight (The Edinburgh Evening Snooze).
Ryanair pays passengers in row over flight cancellation - Edinburgh Evening News (http://edinburghnews.scotsman.com/topstories/Ryanair-pays-passengers-in-row.6747551.jp)
Some interesting comments from the people...
No doubt this will get moved to the omni-cryanair thread, but before it does.
Isn't what happened to these passengers an example of 'denied boarding' according to the Regulation? Article 2 (j) defines DB as: ‘denied boarding’ means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;
As such they are entitled to monetary compensation and (I would argue) refund of any incidental costs relating to their being denied boarding.
The fact that Cryanair have 'thrown them the bone', if I were them, I would claim for my EUR2000 (8 pax).
Well, of course; the payment by Ryanair was an evidently successful attempt to ward off a judgement in the passengers' favour for the full amount due under EU legislation.
However, I don't believe that they are now prevented from taking action for the full amount due. But I wonder if they realise that.
Hipennine
8th Apr 2011, 16:42
Certainly in the Uk, if you have a financial dispute with somebody/company, if they make a payment to you, and you accept it (ie pay in the cheque, or don't tell the CC coy that it's an unrecognised transaction, etc.), in any subsequent court action, you may be deemed to have accpted this as a settlement. This is well known by some less than scrupulous commercial lawyers, who will frequently recommend that clients payout some smaller sum, so that thay can then ambush the claimant if it goes to court. How many people would pay the money back to Ryanair and go for their legal entitlement, with all the associated aggro ?
Hipennine,
I am sure that you are correct in respect of contract law in the UK. However in this case we are dealing with an EC Regulation of which Article 15 (1) says: Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.I'm not a lawyer, but I would assume a court would take this into account if/when passing judgement.
The regulation, in case of denied boarding, provides that passengers are entitled to a refund (which they have now be paid); monetary compensation (which has not been paid); and 'care' (ditto). In this specific case Cryanair has failed to apply many parts of the Regulation - e.g. their obligation to advise the passengers of their rights; their obligation to provide 'care'; their obligation to provide compensation; etc.
Now, how can we get the message to the passengers that they should be claiming their EUR2000? Perhaps the 'local rag' could be of assistance?
(disclaimer - I'm not a fan of this stupid and poorly drafted regulation, but when I see an airline treat their passengers so very, very poorly I think then need to be taught a lesson)
if they make a payment to you, and you accept it (ie pay in the cheque, or don't tell the CC coy that it's an unrecognised transaction, etc.), in any subsequent court action, you may be deemed to have accpted this as a settlement.
I have been told by a lawyer that this is legal mythology, in spite of the fact that most people believe it. I suspect that the terms under which a payment is offered may be important.
Where's Flying Lawyer when you need him?