EU 261 - Flight Compensation - Declined due to delays from previous flights
Last week 10 minutes before my departure (in the EU) my flight (Ryanair) was cancelled (Without giving me any reason for the cancellation). No help was provided by Ryanair except I should go to the ground staff at the airport (Not Ryanair staff, there was no Ryanair counter at the airport at that time). The airport ground staff called the Ryanair and told me that I have to book a new flight at my own. Ground staff at airport also told me that I have to send the invoice of my new flight to the Ryanair and they will pay me back. No explanation why my flight was cancelled was given to me at that time.
Now this week I have claimed the EU 261 compensation and the price I paid for the new flight from Ryanair. Unfortunately Ryanair has refused to pay me anything except the original ticket price of the cancelled flight. They gave me the reason that they didn`t get the ATC slot because of the bad weather somewhere.
After Ryanair flight was cancelled, 2 different flights from two different airlines flew to the same destination as of mine (10 mintues after and 1:30 hours after my Ryanair flight).
Today I have also checked two different flight information sites and I have found that the real reason for the cancellation was late arrival of some previous flights (maybe due to bad weather at depature airports).
My question is: Can a airline refuse the compensation because of late arrival of some previous flights due to bad weather at depature airports? It is like if there is a bad weather in Singapore and the airline need same plane for a flight from London to Berlin, so they just cancel the London-Berlin flight and also refuses to pay any compensation?
Best Answer
After over 18 months of court case (delay due to Covid-19), I won the case againt the Ryanair and got the EU 261 compensation and extra costs, that I had to pay after the cancellation of my flight. It was very clear that Ryanair flight was not cancelled due to weather but due to their organizational failure. But they tried everything to put the blame on the weather.
Suddenly before the last court hearing Ryanair aggreed to pay all the extra expenses, EU 261 compensation with 4% interest rate and my Attorney's fee. Ryainair avoided the final verdict from the court so that they don't have to pay other passengers of same flight. This is very sad how airlines avoid the final court verdicts so that each passenger has to go to court by its own. Also that the verdicts should not be seen as reference point for the future.
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Can you get compensation if your flight is delayed?
When a flight delay occurs, you are entitled to assistance and a choice between rerouting, reimbursement, or rebooking. If you arrive at your destination more than 3 hours after your scheduled arrival time, you are entitled to the same reimbursement, rerouting, and rebooking structure as a denied boarding.What happens if an airline refuses to pay compensation?
In the event an airline refuses to acknowledge your claim, you need to seek legal advice or file a complaint with the airport's authority. However, you need to understand the reasons for the denial of the claim. Sometimes the extraordinary circumstances are legitimate.What is eu261 disruption compensation?
EC Regulation 261/2001 is an EU regulation. It protects passengers who've suffered a flight delay, cancellation or been denied boarding due to overbooking. Under this legislation, if your flight's eligible, an airline can pay up to $700 in compensation.How long does your flight have to be delayed to get compensation?
Delays must be three hours+ to claim It's about when you arrive, not when you leave. So if you're on a flight that takes off four hours late but lands 2 hours 55 minutes late, you're not eligible for compensation. Your arrival time is actually deemed to be when the plane opens at least one of its doors.HOW TO CLAIM COMPENSATION FOR FLIGHT DELAYS| AIRHELP
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Answer 2
Even if there were actual "extraordinary circumstances" in the EC261 sense, that would only get the airline out of paying the standard Article 7 compensation for lost time. They would still have a duty to offer you re-routing to your final destination (or, if you choose that, reimbursement of the ticket price you've paid) according to Article 8.
When they refused to re-route you and subsequently instructed their agent at the departure airport to tell you to fend for yourself, they flagrantly breached that duty.
You probably have a legal claim against the airline for the additional expenses you've incurred as a result of that failure, and depending on the jurisdiction you can bring the case in possibly also some kind of punitive damages for ignoring their duty of care. You will probably need to enlist the help of a lawyer to actually collect on that claim, though. If things come to a head in court, the outcome may depend on how much of the story you can prove (for example, if the airline claims they did offer you re-routing and you angrily refused).
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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