RYANAIR REJECTS STRIKE PAYOUTS
Watchdog: Passengers are entitled to €250 if f light cancelled. Not so, argues budget airline
RYANAIR has firmly rejected the aviation watchdog’s call for compensation payments to passengers affected by flights cancelled during the pilots’ strike.
The Commission for Aviation Regulation has stated that Ryanair, which cancelled 30 flights on Thursday due to the strike, should pay €250 to passengers whose plans were disrupted by the industrial action.
Coverage of the strike has given the impression that Ryanair is willing to pay out compensation as well as provide alternative flights. But when asked by the Irish Mail on Sunday, Ryanair indicated it had no intention of making such payouts.
‘As these flight cancellations were caused by extraordinary circumstances
no compensation is due,’ a spokesman said. ‘Under EU261 legislation, no compensation is payable when the union is acting unreasonably and totally beyond the airline’s control.’
After the Irish Mail on Sunday referred this statement to regulator CAR, it reiterated its belief that the Ryanair strike is not ‘an extraordinary event’ and passengers therefore should be paid €250 compensation.
‘Compensation is payable in all of these cancellation cases unless extraordinary circumstances are proven. In our view, the strike is not an extraordinary event,’ a CAR spokesman told the MoS.
‘Extraordinary’ events are generally held to be events that are completely outside the airline’s control and include bad weather, terrorist attacks and strikes by air traffic controllers. ‘The commission’s position is that compensation is payable. If Ryanair is of the view that no compensation is due, Regulation 261/2004 allows Ryanair put forward a case. Ryanair needs to prove that the cancellation was caused by extraordinary circumstances which could not have been avoided, even if all reasonable measures had been taken. So far, at least, it has not done so.’
Holidaymakers face a summer of chaos and are being urged to review their rights under EU law. Millions of flights across Europe this summer look set to be affected due to industrial action by pilots, cabin crew and air traffic controllers. But hundreds of millions of euro in compensation may go unpaid if passengers don’t claim what they are due, CAR warned.
‘It is important that all passengers are aware of their entitlements,’ the CAR spokesman said.
In addition to this week’s strike, Ryanair faces further action: Ryanair pilots are planning two more strikes this month, while in Germany there is also threatened industrial unrest. In addition, cabin crews in several EU countries have threatened strike action. Passengers affected by delays and cancellations are entitled to alternative flights or refunds as well as any additional food, travel and accommodation expenses, where appropriate. They may also qualify to seek compensation for distress and inconvenience. Under EU rules, passengers affected by cancellations may also seek compensation even if given alternative flights if they receive less than 14 days’ notice. Ryanair passengers received only a couple of days’ notice of cancellations this week.
While Ryanair pilots are striking over working conditions, air traffic controllers across Europe are also gearing up to walk out over staffing and other issues.
Meanwhile, both Ryanair and Ireland’s aviation watchdog have warned passengers affected by this week’s strike against seeking help from ‘claims chasers’, or firms that offer to process claims against airlines – often in return for fees of up to 50% of the compensation sums.
The spokesman for CAR said the procedure for making a claim is ‘quite clear – ‘you make your claim to the airline and if you’re unhappy, you come to us’.
Ryanair was equally adamant that passengers should contact it first before going to a claims company. ‘Ryanair requires our customers to submit flight disruption claims directly to Ryanair before engaging third-party “claims chasers”,’ a spokesman said.