EU 261 - Flight Compensation - Declined due to delays from previous flights

Upvote:11

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, reimburs*m*nt 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).

Upvote:14

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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