After a long fight, passengers from Lithuania hurt Ryanair

At that time, Ryanair’s lawyers, which were successfully operating at three Lithuanian airports, explained that the flights in question were not operated due to special circumstances beyond the control of the company.

Eleven passenger courts awarded 400 euros – 4.4 thousand. EUR. In addition, Ryanair will have to pay costs of almost a thousand euros to Aer Liber, which represented inconvenienced passengers from canceled flights.

Based on the case data, it was established that in 2018. On September 28, Ryanair canceled around 150 flights in Europe following crew strikes in Belgium, Italy, the Netherlands, Portugal and Spain. The strikes were started by trade unionists from an Irish company seeking higher wages and better working conditions.

The strike also led to the cancellation of flights from Lithuania, and the airline had refused to pay the compensation provided for in a regulation (Regulation) of the European Parliament and of the Council to some passengers who had to fly from Kaunas to Girona and from Girona to Kaunas . Some passengers lowered their hands because of the inconvenience of the canceled flights, but others went to court: last year, the court approved a settlement agreement in another case, according to which Ryanair had also paid 4.4 thousand passengers. Eur for canceled flights from Lithuania to Spain and from there to Lithuania.

Although some passengers had already been compensated by the airline for the canceled flights, after their representatives filed a lawsuit, Ryanair took the position that passengers were not entitled to compensation because “the flights were not delayed due to special circumstances outside the control of the airline. “

According to Ryanair, the flights to and from Girona were not carried out “due to the incorporation of the crew of an airplane to an authorized strike organized by 9 unions in 6 countries”.

“The strike was not the result of unilateral decisions by the airline, but of a union initiative, so the company is not obliged to pay compensation to passengers,” said Ryanair. They were offered the right to a free refund or exchange. light off.

Furthermore, as the Irish low-cost airline has pointed out, a strike sanctioned by a union must be recognized in special circumstances: “Strikes are not a normal activity of an airline; the strike was not the result of unilateral decisions by the airline, but rather the initiative of the unions, which include employees of both Ryanair and other airlines; Ryanair did everything possible and negotiated with the unions; the strikes were organized and sanctioned by the unions with which the airline negotiated and, therefore, do not fall into the category of “wildcat strikes” which are not considered exceptional circumstances; the strikes were also organized by unions of competing companies, despite the fact that Rayanair generally agrees with the union demands and only remains to sign agreements; the airline has taken all appropriate measures to deal with the particular situation. “

Since the case was brought before a court by a company representing the interests of the passengers, to whom they had transferred the right to claim compensation, Ryanair also claimed to argue that the procedure was illegal because the Contract of Carriage provided that the transfer of the right to claim compensation was prohibited.

“The prohibition on the transfer of passenger rights arising from a contract of carriage under the Regulation is linked to the protection of passenger rights, as Ryanair pays full compensation to eligible passengers and the companies taking over About 25% of passenger rights are not paid – according to the airline, the transfer agreements are unfair to consumers and, to protect the interests of passengers, Ryanair

However, the court disagreed, noting that the terms of the Ryanair contract made it more difficult for the passenger to defend his harmed interests by any legal means, as it limited his right to seek professional assistance to obtain compensation under the Regulation. .

“According to the law, passengers are free to present claims and actions for themselves or to choose to be represented by other persons or companies that provide professional repair services,” the court ruled that the terms and conditions of the airline violated the objectives of the Regulations and the mandatory provisions that prohibit or restrict the rights of passengers. Compensation under the Regulation.

In awarding compensation for canceled flights, the Kaunas-Girona and Girona-Kaunas courts stated that “to avoid the obligation to pay compensation, an airline may rely on a strike as a restriction of airspace only if it can prove that the restriction was due to events beyond your control. normal operation of the airline and that could not have foreseen “.

According to the court, the Spanish Civil Aviation Authority explained that the strike alleged by the airline could not be considered a special circumstance, as it was caused by the airline’s own employees and, therefore, Ryanair had to pay compensation under of the Regulation.

“In the course of their operations, airlines often face certain attacks (airspace restrictions), so these restrictions can be attributed to the normal operational risk of the airline, even if Ryanair did not expect and could not control the attack”, according to the court. in the absence of objective evidence confirming that the flights from Girona to Kaunas and from Kaunas to Girona could not be carried out on the scheduled day and were canceled precisely because of the strike, in 2018. The strike at the end of September cannot be considered a sufficient reason to conclude that the flights were delayed due to exceptional circumstances.

In this case, a passenger also received compensation of EUR 400 for more than 3 hours. Delay of the Alicante-Kaunas flight, since the airline company did not prove that the flight was delayed due to special circumstances.

Important information: is there compensation?

According to the State Service for the Protection of Consumer Rights (VVTAV), if travel plans are interrupted by a canceled or delayed flight (more than 3 hours), passengers must first contact the operating airline in writing and receive a reply. The claim must include your contact information, flight number, and the specific circumstances of the incident: what flight was delayed or how long the plane was delayed, how long it was late to reach the destination, etc. It is important to make a clear claim, such as that you are claiming the compensation to which you are entitled, damages, etc.

Along with the claim, please provide supporting evidence: copies of the tickets, copies of the ticket payment document and, if you have suffered additional losses, provide documents that substantiate these losses. The airline must provide a written response no later than two months after receiving the passenger’s complaint.

In the case of a flight canceled or delayed for a long time (more than 3 hours), the airline must offer you one of the following alternatives:

* for 7 days. from the date of receipt of the claim, reimburse the total amount paid for the ticket, the amount paid for the part / parts of the trip that did not take place and the amount paid for the part / parts of the trip that have already taken place , if the flight no longer makes sense;

* offer the fastest possible flight to the first place of departure;

* offer a route change as soon as possible to the final destination under similar travel conditions;

* change the flight to similar conditions at another time that is convenient for you.

If your flight is delayed 2 hours or more, you may also be entitled to free assistance: food and snacks, 2 calls or the possibility of sending 2 emails, hotel accommodation (when you need to stay one or more nights, or when you need to stay longer than expected), transportation from the airport to the place of accommodation (hotel or other) and back.

Passengers often mistakenly believe that if an airline has offered another flight or accommodation, they are no longer entitled to compensation. Compensation for the passenger depends on whether an alternative flight and / or hotel has been offered. When it is determined that a passenger is entitled to compensation, it will be calculated based on the distance traveled:

* up to 1500 km – 250 euros;

* € 400 for more than 1,500 km within the EU and 1,500 to 3,500 km for flights to other locations;

* for longer distances – 600 euros.

No compensation is paid to the passenger if the flight has been canceled due to extraordinary circumstances that could not have been avoided (weather conditions, safety hazards, etc.) and the airline can prove it. The passenger also loses the right to compensation if:

* the cancellation was notified at least 2 weeks before the scheduled departure time;

* Cancellation is announced no more than 2 weeks in advance and at least 7 days before scheduled departure time and travel on another route is offered no later than 2 hours. before the scheduled departure time and arrive less than 4 pm later than the scheduled arrival time;

* The cancellation was notified less than 7 days before the scheduled departure time and travel was offered on another route, leaving no more than 1 hour. before the scheduled departure time and arrive in less than 2 hours. later than the scheduled arrival time.

If the airline does not respond to your complaint or, in your opinion, unjustifiably refuses to comply with the requirements, you can consult Regulation (EC) No. 1/2003 of the European Parliament and of the Council. 261/2004, depending on the country in which the flight occurred. When there is a delayed or canceled flight from Lithuania, the user should contact the Lithuanian Transport Security Administration.

If the Lithuanian Transport Security Administration determines that the passenger is entitled to compensation, but the airline registered in Lithuania does not agree to pay it, consumers have the right to apply for the SCRPA, which will investigate the dispute between the consumer and the airline outside of Court. The dispute resolution procedure is free for the consumer.