Ryanair case rips up air claim rules

RYANAIR has won a court battle that could change the rules on claiming for compensation against any airline for delays, cancellations and other problems.

A law firm challenged Europe’s biggest carrier in the High Court over its policy of only accepting claims directly from passengers.

But a judge threw out the case – and other companies are set to copy Ryanair’s approach.

Ryanair said the ruling could stop “claims chaser” firms taking a cut of up to 40 per cent of people’s compensation payouts. Here’s what you need to know:

YOUR RIGHTS A European law known as EU261 gives you compensation rights if a flight is cancelled or delayed.

A separate law, the Montreal Convention, covers luggage issues.

MAKING A CLAIM This is relatively straightforward because regulators have made airlines put simple processes in place after numerous high-profile court cases.

But law firms and claims companies spend big money advertising for clients so many passengers go to them rather than claim direct.

THE JUDGMENT Ryanair has a clause in its terms and conditions (15.2) stating that passengers must contact it directly before submitting a claim – rather than go through lawyers or other third parties. Last week a Cheshire firm specialising in air claim cases, Bott & Co, asked the High Court to rule this illegal.

But the court found that Ryanair’s procedures were fair and simple for passengers to use and therefore lawful. Bott & Co has vowed to appeal.

WHAT DOES THIS MEAN? To make a claim against Ryanair you will have to make the initial approach direct.

If they reject your claim, you can then engage a law firm or claims company. A better route would be to take your claim to AviationADR, the alternative dispute resolution provider approved by the Civil Aviation Authority to deal with Ryanair complaints.

It is highly likely that airlines will follow Ryanair and insert a similar clause in their terms.

A Ryanair spokesman said: “Customers can make their claim directly on the Ryanair.com website and avoid these excessive ‘claims chaser’ deductions.”