At the time, Ryaner’s lawyers, who were successfully developing their operations at three Lithuanian airports, explained that the flights in question did not take place due to special circumstances beyond the company’s control.
Eleven passenger courts paid 400 euros – 4.4 thousand. Euro. In addition, Ryanair will have to pay Air Liber nearly 1,000 euros in costs, which represented passengers in trouble due to canceled flights.
According to case data, it was established in 2018. On September 28th strike Groups in Belgium, Italy, the Netherlands, Portugal and Spain and Ryanair canceled about 150 flights across Europe. Strikes demand higher wages and better working conditions by union workers in an Irish company.
The strike led to the cancellation of flights from Lithuania, and the European Parliament and the Council of Regulation (Regulation) and the Council refused to pay compensation to Girona and some passengers who had to fly. From Girona to Canaan. Some passengers gave up their hands due to the inconvenience of canceled flights, but others went to court – last year the court approved a settlement agreement in another case, according to which Ryanair paid 4.4 thousand passengers. Yours for canceled flights is from Lithuania to Spain and from there to Lithuania.
Although some passengers had already been offered air carrier compensation for canceled flights, Ryanair took the position that their representatives were not entitled to compensation due to “special flight circumstances beyond the control of the carrier”.
According to Ryaner, flights to and from Girona did not take place “due to the flight crew joining an approved strike organized by 9 unions in 6 countries”.
“The strike was not the result of the unilateral decision of the airline carrier, but the result of a union initiative, so the company was not obliged to provide compensation to passengers,” Ryaner said, adding that the regulatory requirement was to take care of passengers by sending cancellation notices to passengers. , They were given the right to a refund or the right to a free flight.
In addition, as the Irish low-cost airline points out, a strike allowed by a union must be recognized under special circumstances: “Strikes are not the normal activity of an airline carrier; The strike was not the result of unilateral decision by the carrier, but at the initiative of unions involving employees of Ryanair and other airlines; Ryaner made every effort and negotiated with the unions; Strikes were organized and sanctioned by the unions, and the aircraft carriers negotiated so as not to fall into the category of “wild strikes” which were not considered exceptional circumstances; The strikes were organized by the unions of rival companies, and Rayner generally agrees to union demands and only has to sign contracts; The airline carrier has taken all appropriate measures to deal with the specific situation. “
Ryaner sought to argue that the procedure was illegal because the case was brought before the court by a company to which they had transferred the right to claim compensation, as the cart contract provided that the transfer of title was prohibited.
“The ban on the granting of passenger rights arising out of the carriage contract under the regulation is linked to the protection of passenger rights, because Ryanair pays full compensation to eligible passengers and the companies that take over passenger rights do not pay about 25%.” Ryaner imposed a ban on the issuance of claims, imposing conditions on which the airline should be contacted;
The court, however, disagreed, noting that the terms of Ryaner’s contract made it very difficult for a traveler to protect his or her harmful interests in any legal way because it restricted his right to seek professional assistance in seeking compensation under the regulation.
“Under the law, passengers are free to make their own claims and actions or choose to be represented by other persons or companies providing professional compensation services,” the court ruled, adding that the terms of the air carrier’s rules violate the intentions of the regulation and the restricting rights of passengers. Compensation under regulation.
In awarding compensation for canceled flights, the Cannes-Girona and Girona-Canas courts said: “A carrier may rely on a strike as an aerial barrier to avoid the obligation to pay compensation. For events beyond its control. Normal operation of the aircraft carrier and it can not be predicted. “
According to the court, the Spanish Civil Aviation Authority cannot consider the strike as alleged by the airline as a special circumstance because it was caused by the aircraft’s own staff and therefore must be compensated under the Ryanair regulation.
“During their operation, airlines often face certain strikes (aerospace restrictions), so these restrictions may pose a risk to the carrier’s natural operation, even if Ryaner does not anticipate and is unable to control the strike,” according to the court, in the absence of objective evidence. This confirms that flights from Girona to Canaan and from Canaan to Girona could not take place on the scheduled day and were precisely canceled due to the strike. The strike in late September could not be considered a sufficient field to find out whether flights were delayed due to exceptional circumstances.
In this case, one passenger was paid Euro 400 Compensation The flight was delayed by more than 3 hours Alicante-Canas because the airline carrier did not prove it. Plane Delayed due to special circumstances.
Important Information: Is there compensation?
The State Consumer Rights Protection Service (VVDAV) said that if travel plans are disrupted by a canceled or delayed flight (more than 3 hours), passengers must first contact the operating air carrier in writing to get a response. The claim must include your contact information, flight number and specific circumstances of the incident – such as which flight was delayed or how long the flight was delayed, and how long you were delayed in reaching the destination. It is important to make a clear claim that you are claiming the compensation, damages and more that you are entitled to.
Along with the claim, provide supporting evidence – copies of tickets, copies of the ticket payment document, and documents justifying these losses if you incur additional losses. The airline carrier must provide a written response two months after receiving the passenger claim.
In case of cancellation or long delay (more than 3 hours), the airline carrier should offer you one of the following alternatives:
* For 7 days. From the date of receipt of the claim, the full amount paid for the ticket, the amount paid for one part / parts of the trip and the amount paid for the part / parts of the trip already taken, where the flight no longer makes sense;
* Provide the fastest flight to the first place of departure;
* Provide quick re-routing to the final destination under similar travel conditions;
* Change the aircraft to similar conditions at another time convenient to you.
If your flight is delayed by 2 hours or more, you will also receive free assistance: food and refreshments, the ability to send 2 calls or 2 emails, hotel accommodation (when you have to stay one or more nights, or longer than you planned ), Transport from the airport to the accommodation (hotel or other).
Passengers often mistakenly believe that if one aircraft carrier provided another aircraft or accommodation, it can no longer be compensated for. Compensation for passengers depends on whether he was offered a replacement flight and / or hotel. If a passenger is found entitled to compensation, it will be calculated based on the distance flown:
* Up to 1500 km – 250 euros;
* $ 400 over 1,500 km within the EU and 1,500 to 3,500 km elsewhere.
* For long distances – 600 euros.
Passengers will not be compensated if the flight is canceled due to unavoidable extraordinary circumstances (weather conditions, safety hazards, etc.) and the airline can prove this. Passengers also lose the right to compensation:
* Cancellation was announced at least 2 weeks prior to the scheduled departure time;
* Cancellation was not announced more than 2 weeks in advance and was announced at least 7 days prior to the scheduled departure time, and after 2 hours offered to travel the other way. Arrives earlier than scheduled departure time and arrives less than 4pm. Beyond the scheduled arrival time;
* Cancellation was notified within 7 days of the scheduled departure time and offered to travel any other route not exceeding 1 hour. Is earlier than the scheduled departure time and will arrive within 2 hours. Than the scheduled arrival time.
If the airline carrier does not respond to your claim or, in your opinion, unreasonably refuses to comply with the requirements, you may refer to the European Parliament and Council 1/2003 Regulation (EC). 261/2004, depending on the country of the plane. In the event of a delayed or canceled flight from Lithuania, the user must contact the Lithuanian Traffic Safety Administration.
Although the Lithuanian Transport Safety Administration decides that passengers have the right to compensation, but the airline registered in Lithuania does not agree to pay it, the consumer has the right to apply to the SCRPA, the court that hears disputes between consumers and airlines. Dispute resolution procedure is free for consumers.
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