In September 2017 a flight from Malta to Eindhoven was delayed more than 3 hours. Four passengers transferred their claim to Claimingo who requested compensation from Ryanair, who did not pay. Therefore court action was inevitable.
Terms and Conditions
Ryanair argued that the transfer of the claim was invalid because its terms and conditions did not allow such a transfer. Also the company argued that there were extraordinary circumstances which caused the delay (unserviceable VHF radio for navigation).
At first the court did agree because passengers rights were not limited because of this clause.
Court of Appeal
The Court of Appeal in ‘s-Hertogenbosch ruled that such a clause was not allowed according to European Law (Regulation 261/2004). Therefore the transfer was legally valid.
According to European law, maintenance issues are the responsibility of the airline. In this case the court of appeal ruled that an unserviceable radio was the responsibility of the company.
[Note: EASA rules allow a flight if there are alternatives available. In this case an RNP approach.]
This decision is important because of the implications for airlines terms and conditions and pending lawsuits. The court of appeal confirms the general opinion about maintenance.
Bletchley Park and aviation.
Bletchley Park Lawyers have expertise in legal matters regarding aviation and technical knowledge of aviation related matters. Bletchley Park has a track record in claims/compensations, liability for aircraft and spare parts. We assist airlines, maintenance companies and flight schools. We offer advice and tools to ensure your operations are compliant.
Please contact Mr F.E. Olberts (+31-(0)6-2150449) for more information. With this URL you can schedule a remote introductory meeting.