The volcanic ash cloud brought European airspace to a halt this year, much to the annoyance of air passengers and airlines. But through my parents personal experience of Ryanair, I have been propelled into writing this blog in an attempt to help others have have come up against the brick wall of O’Leary’s defiance not to refund customers who were delayed.
Under Regulation (EC) 261/2004, airlines are bound to provide re-imbursement to passengers who have been delayed or had their flight cancelled. There have been a number of different scenarios opened up by the ash cloud. Some passengers have been cared for by their airlines and tour operators; others have met with a stubborn wall of uncooperative resilience, as airlines refuse to pay for accommodation, food, and transport expenses.
The regulations provide that airlines have a duty of care to look after stranded passengers, even if cancellations are due to exceptional circumstances out of their control. This “exceptional circumstances” excuse was the one used on my parents by Ryanair. At the airport, ready to board their flight home, they were informed by the check-in desk that, due to the volcanic ash, the flight had been cancelled. As rules dictate, they were given a sheet of instructions telling them what to do in an even such as this. It told them to find alternate accommodation, keep all receipts for food, accommodation and travel for the duration of the delay, in my parent’s case two days, on when they got home to claim to be reimbursed by Ryanair.
My parents followed these instructions. They returned to the hotel they had been staying in. They kept the receipt for the extra time, the taxi fares between airport and hotel, and, because the alternate flight they had been given was to Birmingham, money to travel from there to Liverpool where their car had been parked. In total, their expenses amount to £250 (alright £248.80, I’m rounding up). They attempted to claim for it, and were sent a letter telling them their claim was being “auctioned”.
Two months later, and a letter from Ryanair telling them that they were not due compensation from them, and to contact their holiday insurer later, my parents are still out of pocket, with no prospect of being reimbursed.
Today, I sent another letter, informing Ryanair of their obligations under Regulation (EC) 261/2004. If you are in the same situation, I advise you to do the same. Included these details in your letter, plus the receipts you have to prove your claim. Let’s see if we can get O’Leary and his reprehensible company to stop avoiding it’s obligations, and pay for the travel, accommodation and food which it’s delayed passengers were forced into paying for themselves.
If you also know of a similar situation, please contact me with details. They may be able to ignore us individually, but together we will be an unavoidable reminder of the terrible way in which they have dealt with this issue.
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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:
1. 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).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.
3. 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.
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