Couple's advice to delayed passengers after winning Edinburgh flight compensation despite Ryanair knock back
“Emotional rollercoaster” as pair fight for pay out over late Tenerife-Edinburgh flight
A couple who won a compensation claim against Ryanair for a delayed Edinburgh flight after the airline refused to pay up have urged other passengers to follow suit.
Clark and Jennifer Harper, from Uphall in West Lothian, doggedly pursued the case after their return trip from Tenerife in May arrived three hours 40 minutes late, but Ryanair blamed a “technical issue” outside its control.
Mr Harper was certain the length of the flight and delay entitled them to £350 each under EU regulations. But he said that “quickly turned to frustration” as they navigated their way through the claim process they were required to follow on the airline’s website.
However, Mr Harper became determined to succeed after hearing Ryanair Group chief executive Michael O’Leary was on course to win a €100 million [£88m] bonus after the airline achieved a share price target.
He said the couple had won their case after taking it to Aviation ADR, a firm that operates an “alternative dispute resolution” scheme to help resolve disputes between passengers and airlines or airports.
Mr Harper told The Scotsman: “When Ryanair declined our claim, we were angry, which led us to dig in and we became determined to fight for what we are legally entitled to. This then led again to frustration at the length of time the whole thing took. But in the end total satisfaction that we were agreed with via the dispute resolution process.
“It was an emotional rollercoaster between certainty and doubt that we shouldn't have been subjected to, based on our legal rights.”
Mr Harper said when the couple boarded their flight, the captain apologised for the delay, stating the intended aircraft had a technical fault.
He said: “The delay in fixing it caused the crew of that aircraft to run out of hours, which meant that an alternative aircraft and crew had to be redirected to Tenerife.”
But Mr Clark said the difficulties they had faced seeking compensation may have put other passengers off.
He said: “It led me to thinking there must be plane loads, particularly those on ours, that cannot successfully claim the compensation they are entitled to from Ryanair.
“What this means is that every passenger on that aircraft was entitled. I wonder how many actually knew and persisted.
“The downside to initiating a claim is that you must do it using the airline’s own website. To say that Ryanair design it, and the process, to be obstructive is an understatement.”
He said Ryanair had claimed the delay was due to extraordinary circumstances, but Aviation ADR determined that was not the case.
Its adjudicator said Ryanair had blamed the delay on the need for safety checks on the aircraft after equipment suffered interference from a solar flare. But she said the airline had not provided sufficient evidence to link that to the delay.
Her findings, which is binding on the airline, stated: “We determine that the claim be upheld in the passenger’s favour.”
A Ryanair spokesperson said: “This flight from Tenerife to Edinburgh on May 22 was delayed due to a minor technical issue outside Ryanair’s control. Therefore, passengers of this flight are not entitled to EU261 compensation.”
It declined to comment on the adjudication.
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