Ryanair taken to court over flight delay claims

[Michael Browne]

A test case of Goel & Trivedi v Ryanair could lead to Ryanair successfully putting a two year time limit on claims, despite the Supreme Court ruling that passengers have SIX years to claim.

 

Ryanair argue that by accepting the airline’s Terms and Conditions when they buy a ticket, passengers are waiving their right to the six year limitation period.

 

As Goel & Trivedi v Ryanair is a test case, all Courts in England and Wales are likely to follow the decision.

 

Most other airlines also have a two year time bar in their Terms and Conditions; if Ryanair win this case, all airlines could potentially put a two year cap on claims.

 

The Judge gave a reserved judgement (meaning he will hand down his decision at a later date).

http://www.bottonline.co.uk/press-releases/ryanair-fights-passengers-over-how-long-they-have-to-claim

[Conniff]

If this comes off other things will be affected. PPI, the banks could stipulate two years to claim. Anything under the Soga 6 year rule would also be questionable and a thousand other things.

[Michael Browne]

Ryanair loses flight delays compensation case

 

The Judge has ruled that Ryanair was wrong to bar passenger claims after two years, pointing out that European Union law says they are entitled to make claims for up to six years afterwards.

 

A Ryanair spokesman said: 'We note this ruling which reverses Lower Court orders that a 2 year time limit for claims is reasonable. Since we believe a 6 year time limit for submitting such claims is both unnecessary and unreasonable, we have instructed our lawyers to immediately appeal this ruling.'

Read more: http://www.dailymail.co.uk/travel/travel_news/article-3205962/More-2million-passengers-claim-compensation-delayed-flights-Ryanair-loses-legal-battle.html#ixzz3jTcZwAUj

[Conniff]

I must say, that I think two years to claim is a reasonable length of time in this case.

[silverfox1961]

I must say, that I think two years to claim is a reasonable length of time in this case.

I would generally agree with you but the two years start from today and not be retrospective. Now that the general public are more aware of their rights then it is unlikely any claim is going to go over two years before resolution and if a customer starts a court claim, that suspends the limitation period anyway

 

Many Ryanair customers have waited longer than 2 years for compensation. All existing claims should be settled first

[Conniff]

I agree. This should apply from today, you have two years in which to make your claim.

[SabreSheep]

I think the problem here is essentially it was an attept to use small print to undermine someones statutory rights.

 

It is not in the public interest to allow that to happen.

[ericsbrother]

It falls in with all other claims in civil law in that you have 6 years to start legal action. Ryanair were claiming that their cobtract, which removed that right, was freely entered itno in every case and should stand. They are wrong for the 2 reasons quoted, it is an unfair contract and that supreme court had already ruled on the matter so their continued refusal to consider claims was unlawful (also contempt but that wanst mentioned)

Ryanair are lucky that the Treason Act was repealed by Toby Liar when it was obvious that it could be used against him as they could be facing an awfully long time in chokey otherwise.

[Conniff]

There is no other company that rips off people like Ryanair

[Ganymede]

It falls in with all other claims in civil law in that you have 6 years to start legal action. Ryanair were claiming that their cobtract, which removed that right, was freely entered itno in every case and should stand. They are wrong for the 2 reasons quoted, it is an unfair contract and that supreme court had already ruled on the matter so their continued refusal to consider claims was unlawful (also contempt but that wanst mentioned)

Ryanair are lucky that the Treason Act was repealed by Toby Liar when it was obvious that it could be used against him as they could be facing an awfully long time in chokey otherwise.

 

Not all civil claims have a 6 year limitation period.

[honeybee13]

There is no other company that rips off people like Ryanair

 

Conniff, I'm sorry, Ryanair are what they are. The service is no frills, reliable and generally on time. They have corrected a lot of the misleading stuff on their website that added to the flight costs and at least you can tell what it's likely to cost if you look carefully. You don't have to spend money on extras on the flight if you don't want to.

 

Taking France as an example, I would say it's rather more expensive to drive or take the train.

 

HB

[citizenB]

http://www.lawgazette.co.uk/practice/ryanair-faces-610m-claims-bill-after-losing-test-delay-case/5050649.article

 

 

judge has ruled that passengers should have six years to claim compensation for a delayed flight in another legal blow for the airline industry.

 

Ryanair had successfully defended two claims last year when deputy district judge Masheder dismissed them without holding hearings.