Ryanair facing legal action over refusal to compensate thousands of UK customers

The Civil Aviation Authority has said it is taking legal action against Ryanair over its refusal to compensate thousands of UK-based customers.

Wednesday, 5th December 2018, 7:19 pm
Updated Wednesday, 5th December 2018, 7:35 pm
Thousands of passengers were let down by Ryanair when crew members went on strike. Picture: Neil Hanna

Thousands of flights – including 400 in a single day – were cancelled or delayed over the summer because of strikes by Ryanair pilots and cabin crew.

The CAA says passengers are entitled to compensation under EU law but Ryanair insists the strike action amounts to “extraordinary circumstances” and that it does not have to pay.

Figures from the Alternative Dispute Resolution (ADR) service showed the airline accounted for the largest proportion – 30 per cent – of all appeals.

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In the first nine months of 2018, it received 22,159 complaints, but processed just 1,347 of 6,653 Ryanair cases.

According to the CAA, under EU legislation, passengers are allowed to make an EU261 claim when flights are delayed by three hours or more, cancelled or when they are denied boarding.

Ryanair was signed up to abide by ADR decisions but has now told the CAA that it has terminated its agreement with ADR.

The CAA said: “As a result of Ryanair’s action, passengers with an existing claim will now have to await the outcome of the Civil Aviation Authority’s enforcement action.”

In response to the CAA’s announcement, a Ryanair spokesperson said: “Courts in Germany, Spain and Italy have already ruled that strikes are an ‘exceptional circumstance’ and EU261 compensation does not apply. We expect the UK CAA and courts will follow this precedent.”

Last night Rory Boland, Which? travel editor, said: “Customers would have been outraged that Ryanair attempted to shirk its responsibilities by refusing to pay out compensation for cancelling services during the summer – which left hard-working families stranded with holiday plans stalled. It is right that the CAA is now taking legal action against Ryanair on the basis that such strikes were not ‘extraordinary circumstances’ and should not be exempt, to ensure that the airline must finally do the right thing by its customers and pay the compensation owed.”

More Ryanair passengers have put in compensation claims for cancellations or delays to arbitration this year than for any other airline.

Compensation ranges from e300 (£267) for short-haul flights, such as Edinburgh to Dublin, which are delayed by more than three hours, to e600 (£533) for long-haul trips, such as London to New York, which are delayed by more than four hours.

Compensation may also be payable if a flight is cancelled within two weeks of departure and payouts vary between e125 (£111) and e600 (£533).

Disrupted passengers must write a letter of complaint to the airline. They should keep as much evidence as they can, such as boarding cards and receipts, to claim expenses.