Thursday, January 31, 2013

Woman won case against Ryanair

Air fares are set to rise after a Dublin woman won a case against Ryanair today which will force airlines to pay out compensation to passengers for costs such hotel rooms if their flights are delayed due to "extraordinary circumstances".

The European Court of Justice ruling has major implications for airlines throughout Europe. The woman sued the carrier in 2010 in Dublin seeking reimbursement of €1,129 in costs she incurred when she was forced to prolong her stay in Faro, Portugal, after the Icelandic volcano Eyjafjallajokull erupted.

Airspace across Europe were closed over fears that volcanic ash could pose a threat to air safety.

She claimed Ryanair was in breach of contract for failing to provide assistance to her under EU Regulation 261. The carrier insisted it shouldn’t be made liable for the impact of what it said were more than extraordinary circumstances.

When the aviation authorities closed most of the European airspace, later found to be unnecessarily strict, travel insurance companies (and airlines) has escaped liability by claiming it was an act of God.

“Today's ruling by the European Court now makes the airlines the insurer of last resort even when in the majority of cases (such as ATC delays or national strikes in Europe) these delays are entirely beyond an airline's control, says Ryanair.

"Today's decision will materially increase the cost of flying across Europe and consumer airfares will increase as airlines will be obliged to recover the cost of these claims from their customers, because the defective European regulation does not allow us to recover such costs from the governments or unions who are responsible for over 95pc of flight delays in Europe."

Ryanair already charges a special levy on all flights to cover its obligations under the EU 261 regulation.

Source: Modified / www.independent.ie

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