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You can find the current article at its original source at http://www.theguardian.com/money/2015/aug/21/ryanairs-two-year-limit-on-passenger-claims-unlawful
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| Ryanair's two-year limit on passenger claims unlawful | Ryanair's two-year limit on passenger claims unlawful |
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| Ryanair has been told it cannot impose a two-year time limit on passengers’ claims for compensation for long delays – a decision which stands to benefit millions of air passengers. | Ryanair has been told it cannot impose a two-year time limit on passengers’ claims for compensation for long delays – a decision which stands to benefit millions of air passengers. |
| Passengers bumped off flights or delayed by more than three hours are entitled to compensation of up to €600 (£430) per person , as long as the delay was not caused by “extraordinary circumstances”. | Passengers bumped off flights or delayed by more than three hours are entitled to compensation of up to €600 (£430) per person , as long as the delay was not caused by “extraordinary circumstances”. |
| Ryanair had been refusing to accept claims made by passengers more than two years after the delay took place. However, on Friday a senior judge at Manchester county court ruled this time limit could not be applied. | Ryanair had been refusing to accept claims made by passengers more than two years after the delay took place. However, on Friday a senior judge at Manchester county court ruled this time limit could not be applied. |
| Ryanair had argued that by accepting the airline’s terms and conditions when they bought a ticket, passengers agreed that they only had two years to take a claim to court, despite the supreme court saying they had six years. | Ryanair had argued that by accepting the airline’s terms and conditions when they bought a ticket, passengers agreed that they only had two years to take a claim to court, despite the supreme court saying they had six years. |
| However, the judge ruled in favour of the plaintiffs who brought the test case against Ryanair. It is likely that other flight compensation claims in England and Wales will follow the decision. The airline said it would appeal the ruling. | |
| Lawyers acting for the couple said the ruling stands to benefit approximately 2.66 million Ryanair passengers and could be worth as much as around £610m in compensation. | Lawyers acting for the couple said the ruling stands to benefit approximately 2.66 million Ryanair passengers and could be worth as much as around £610m in compensation. |
| Goel and Trivedi v Ryanair was taken to court by Bott & Co on 30 January 2014 – five years and eight months after the couple’s flight was delayed. | Goel and Trivedi v Ryanair was taken to court by Bott & Co on 30 January 2014 – five years and eight months after the couple’s flight was delayed. |
| Although no other airlines are running the two-year limitation argument, it said, the majority have a similar clause in their terms and conditions. | Although no other airlines are running the two-year limitation argument, it said, the majority have a similar clause in their terms and conditions. |
| Had Ryanair won the case, other airlines could have followed suit by putting a two-year cap on claims. | Had Ryanair won the case, other airlines could have followed suit by putting a two-year cap on claims. |
| Kevin Clarke, who acted on behalf of Goel and Trivedi said: “The supreme court decision last year said passengers have six years to bring a claim. That is a definitive, binding, clear judgment from the highest court in England and Wales. | Kevin Clarke, who acted on behalf of Goel and Trivedi said: “The supreme court decision last year said passengers have six years to bring a claim. That is a definitive, binding, clear judgment from the highest court in England and Wales. |
| “This should have concluded matters but unfortunately Ryanair have been able to tweak the argument. We found ourselves running a complicated court case arguing the fine points of contract law.” | “This should have concluded matters but unfortunately Ryanair have been able to tweak the argument. We found ourselves running a complicated court case arguing the fine points of contract law.” |
| Clarke said he expected the airlines to continue to fight these cases. | Clarke said he expected the airlines to continue to fight these cases. |
| He added: “We are prepared to hold them to account in each and every instance where the law says compensation is payable, and with the courts continuing to find on behalf of consumers we’ve real cause to be optimistic that passengers will receive the compensation they are entitled to.” | He added: “We are prepared to hold them to account in each and every instance where the law says compensation is payable, and with the courts continuing to find on behalf of consumers we’ve real cause to be optimistic that passengers will receive the compensation they are entitled to.” |
| The Civil Aviation Authority issued a penalty against Jet2 and Wizz Air for applying a two-year time limit on claims earlier this year, but did not do the same for Ryanair at the time. | The Civil Aviation Authority issued a penalty against Jet2 and Wizz Air for applying a two-year time limit on claims earlier this year, but did not do the same for Ryanair at the time. |
| Ryanair said: “Since less than 1% of Ryanair flights are delayed more than three hours and since over 90% of passengers make a valid claim within two years, there is a tiny potential group of passengers who may wish to submit a claim between two and six years after the date of their flight delay.” | |
| It estimates that even if its appeal is unsuccessful, its liability is likely to be less than €5m. |