Ryanair flies into oblivion

In the latest apparent “Let’s treat customers as badly as possible” Ryanair business plan, it has decided to cancel 40-50 flights a day from its schedule of over 2,500 flights for  six weeks to the end of October. This is caused by incredibly bad management of staff leave. Not only that, it is so poor that they aren’t even managing the cancellation properly. Giving people little to no notice.

Ryanair’s Facebook and Twitter feed provides little information and people are flocking to share their outrage at the appalling management of the whole situation.

 

 

What the pilots are saying
I was on Radio 5 this morning and there were a few calls from Ryanair pilots who wanted to understandably remain anonymous. They were saying that Ryanair pay poorly and whilst they recognise that pilots are well paid, it is below the industry average. They also have to pay for their own accommodation and training and so staff turnover is high. A pilot for Jet2 said that Ryanair pilots are always leaving and joining them. Pilots are limited to the hours they can fly a year So the problem is not only that Ryanair has mismanaged the leave, it would also appear that it is because they treat their staff badly they get fed up and quit. Of course, if Ryanair paid better, the cost of the flights would go up? Maybe it is something it needs to look at if it is to survive.

On the news this evening (18/09/17) pilots were saying could happen again next year. (I won’t be flying Ryanair, I use them all the time, I won’t be now!)

Not informing you of your rights
But, not only is Ryanair not providing information about cancelled flights quickly enough, it also isn’t giving people their legal rights, most importantly the significant compensation that people are due. Just like BA powercut debacle: Airline keeps passengers in the dark about their rights update 18/09/17 CEO has said will pay EU compensation.

Ryanair has now released a list up to 28th October.  Still no mention of applying for compensation on there!

What Ryanair should be doing
Ryanair should be trying to get you onto another flight, even if that is with another carrier and must pay you compensation. Airline template and information for all the details. You can use their form but you could write, adapting the letter for your circumstances and the costs that you incurred and give a deadline for payment as they will have a huge rise in claims at the moment methinks!

If the flight is more than 14 days away then you will not get the compensation.

You are entitled to the compensation (details in link above) unless you are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival”.

If Ryanair has left you stranded you are entitled to the hotel and refreshment/food costs until they can get you onto another flight. You must keep these reasonable though and I would advise you keep evidence of searches to find low cost accommodation etc.

Consequential losses
If you have booked a hotel and other things, Ryanair is saying that it will not pay and you may be able to claim on insurance. Again, I’d like to see this tested in court. It is Ryanair’s fault and I don’t see why the insurance companies should pay which will ultimately put our premiums up!

The EU laws don’t cover consequential losses. However domestic law may, but because Ryanair is based in Ireland you would need to sue through the Irish courts. You should be able to get advice from the UK European Consumer Centre. (Court action may mean having to pay Ryanair costs so take advice).

The Association of British Insurers is urging travellers affected by Ryanair cancellations to contact the airline in the first instance to seek replacement flights and compensation. Mark Shepherd, head of property, commercial and specialist lines at the ABI, said:

“Ryanair has admitted it is to blame for the large number of flights currently being cancelled. Travellers affected will be understandably upset and have every right to expect help and support from the airline, whether that is alternative flights with a different carrier or compensation for the disruption suffered and other expenses incurred. If passengers are experiencing additional costs which for some reason Ryanair is refusing to cover they may be able to make claims on a travel insurance policy, but this may depend on the level of cover they bought. Clearly the first port of call must be Ryanair itself.”

Consumer Rights Act 2015 came into force to cover airlines October 1st 2016 but it is such a new law that it’s largely untested and will be until we get a definitive judge-lead ruling. So given the lack of confidence in the airline ADR provider (as highlighted recently on BBC Watchdog) which lost its previous ombudsman title, in circumstances which remain unclear,  The Retail Ombudsman is no more  the consumer really has 2 realistic routes, that’s to go direct to the airline setting out that there has been a breach and the losses and if there is no remedy there it’s on to court for a ruling on both the CRA and contract breach. I think Ryanair will settle they wouldn’t want to risk it. So write to the airline detailing your case I think you’ll find that they will pay out just as BA did with their fiasco in May.

The UK EU Consumer Centres says “Consumers may be able to pursue the airlines under the Consumer Rights Act 2015 (CRA) as the company should perform a service with reasonable care and skill. Also, another instrument that passengers may be able to use is the Montreal Convention.” The CAA has been looking at how the CRA will work with the Montreal Convention as it is very complicated regarding what and when you are covered as the MC applies once in the sky and over rules anything else. It is far from clear cut!

However, request it as advised in the post and if you follow the tips you’ll get it as people are.

Package holidays
If you have booked a package holiday through a travel company which has put you on a Ryanair flight, it is responsible for getting you to your destination. It, should also be informing you of any issues with your flight. If not, it has not been providing services with reasonable skill and care which is a breach of  the Consumer Rights Act 2015 and also Package Travel, Package Holidays and Package Tour Regulations 1992. Regulations 12 and 13 refer to alterations in the package holiday or to departure times or location.

Getting another flight
You are entitled under EU rules to “rerouting, under comparable transport conditions, to your final destination at the earliest opportunity”. Unfortunately what exactly “the earliest opportunity” means has not been properly tested and defined in court. Yet.

Ryanair in their continuing poor customer care are telling passengers that hey may have to wait three days or more before they can be flown to their destination. The Civil Aviation Authority (CAA) says that airlines are obliged to book you on a rival airline “where there is a significant difference in the time that a reroute can be offered on the airline’s own services”. The CAA does not define “significant” Different airlines have different rules regarding what they think is “significant”. However, whether they are legal remains to be seen, so if you get another flight at two days and Ryanair don’t pay then please do take them to court and let me know about it!

Accountability
The Civil Aviation Authority (CAA) is the enforcement body for upholding the consumer rights of air passengers, and so it is able to take action against any airline that operates out of the UK, regardless of nationality. (It does not, however, regulate Ryanair from a safety perspective, this is done by the Irish Aviation Authority.   My investigation into airlines charging to sit children with an adult Plane greedy – Are airlines holding families to ransom? uncovered that Ryanair are making a mandatory charge to sit a child with an adult in the group. The CAA categorically stated that the airline should not charge but would not do anything about it because Ryanair is based in Ireland and the IAA have refused point blank to comment. So I don’t hold out much hope here.)

Update – 27th September 2017  CAA has  launched enforcement action against Ryanair for persistently misleading passengers with inaccurate information regarding their rights in respect of its recent cancellations.

Misleading, blatant lie or just incompetent?
See this letter below? Utter utter utter twaddle, codswallop, hogwash to give it the technical terms. Even the CEO, Michael O’Leary has said today that they will pay compensation. NO! You are entitled to the compensation AND the refund, they are two very different things. See Airline compensation.

Ryanair has previous
Just to show that the CAA can take action when it wants to do so, this from September 2015 on the CAA website:

Ryanair faces CAA enforcement action for breach of consumer law. As part of its on-going campaign to safeguard the rights of UK air passengers, the UK Civil Aviation Authority (CAA) has launched enforcement action against Ryanair. This action follows a review by the regulator that found Ryanair is not complying fully with European consumer law designed to support passengers following flight disruption. Ryanair is now required to make policy changes or face the prospect of further enforcement steps leading to court action, if the airline remains non-compliant.

Contact details for Ryanair COO here.

Price hikes

 

 

All you need to know about booking/complaining about holidays/flights for masses of info about booking/taking holidays and flights.

GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS! for information, advice, laws and template letters.

Plane greedy – Are airlines holding families to ransom?

Update 03 February 2018. The CAA is to investigate airlines and seating allocations. Interestingly you will see below that in August 2017 it told me that this wasn’t a problem. It seems to have changed its mind! Finally, after complaints from consumer groups and others it is to investigate the practice of charging for people to sit together.

Aeroplane in blue sky text - CAA to investigate airlines' charges

Many airlines introduced paying for seat reservations on flights some years ago. Airlines say this is because some customers want to ensure that they are near the loo, by a window, or in the middle if they get travel sick etc. Of course there’s also paying over the odds for legroom seats too! Remember when you could get them for free just by asking at the desk?!

Update 05/02/18 Travelled recently? Have your say on the CAA consultation regarding seating arrangements. The consultation is open for one month. The CAA has said that it depends on the number of responses it gets as to when the results will be published but it expects it to be late Summer/Autumn.

So, what are the legal rules about seat reservations?

EU Regulation (EU) 965/2012
This regulatation states that if a child travels with an accompanying adult in the same class of cabin, the child should be seated in the same seat row segment as the accompanying adult. Where this is not possible, the child should be seated no more than one seat row or aisle away.

The European Aviation Safety Agency (EASA) is responsible for aviation rules and regulations in Europe and their document known as Annex IV (PART-OPS) says:
CAT.OP.MPA.165 Passenger seating
“The operator shall establish procedures to ensure that passengers are seated where, in the event that an emergency evacuation is required, they are able to assist and not hinder evacuation of the aircraft.”

Civil Aviation Authority guidance
The CAA states it has published guidance material for UK airlines explaining how to comply with the above rule, part of which says that family groups should be seated together.

“The seating of children close by their parents or guardians should be the aim of airline seat allocation procedures for family groups and large parties of children.
Young children and infants who are accompanied by adults should ideally be seated in the same seat row as the adult. Where this is not possible, children should be separated by no more than one seat row from accompanying adults. This is because the speed of an emergency evacuation may be affected by adults trying to reach their children.”

The CAA says it receives very few complaints relating to seating. A CAA spokesperson said

“On the whole we are satisfied that UK airlines comply with their obligations to seat family groups together. It is important though that passengers are made aware of rights during the booking process. Our advice to passengers is clear, family groups do not have to pay for reserved seating in order to guarantee they sit together. Airlines are obliged to sit children in the same seat row as an accompanying adult during the boarding process. Where that is not possible, (e.g. Boeing 737s or Airbus 320s, where cabins are configured into rows of three seats either side of the single aisle and more than three people are travelling together) the child should be no more than one seat row away under EU rules. The CAA works closely with UK airlines to ensure they understand this obligation.”

05/02/18 Asked for clarity on this change in view the CAA did not provide a comment.

So, how do major airlines compare when allocating seats for adults with children?

Airline Short haul from & up to long haul Reserving seats
BA £7 £20 Free to gold/silver members at booking, Bronze week before flying, anyone 24 hours before free allocation
Thomas Cook £10 £22 Free allocation at check-in
Thomson £9.50 £15.50 Free allocation to anyone 7 days before flying
Monarch £3 to £11 £11 Free to Vantage Club gold members incl. legroom, 24 hours before free allocation
Easyjet from £1.99 to £21.99 Free allocation at check in and to those with Flexi tickets & easyJet Plus cardholders)
Ryanair £8 or £13 or £15 1 adult must pay €4 so children get free reserved seat. Max. 4 children for each adult per booking get free seat reserved. Anyone free at 4 days 2 hrs before flying

Ryanair aeroplane over fields text CAA to investigate airline charges for you to sit with your party

British Airways
A spokesperson for BA said “We prioritise seating families travelling with children together, which we organise a few days before online check-in opens. We will always make sure than any child under 12 is seated with an adult from their group.”

Thomas Cook
A spokesperson for Thomas Cook Airlines said: “We always give seating priority to families flying with children to make sure that at least one accompanying adult is always seated with a child. To guarantee the whole family is seated together, families have the option of paying for seat selection.”

Thomson
A Thomas Cook spokesperson said “We always try to seat customers travelling together next to each other wherever possible, with priority given to families travelling with children. If a customer has chosen not to use the pre-booking service and, in very rare circumstances, their child is initially allocated a seat away from them it will be automatically re-assigned.”

Monarch
A Monarch spokesperson said “Monarch will always try to sit families together and a child (2-15 years) will never be sat without an accompanying adult. During peak periods, it may be necessary to split groups/families, but a child will always be sat with an accompanying adult from the same group/family.”

Easyjet
An Easyjet spokesperson said “If passengers choose not to pay to select their seats our seating systems will always aim to seat families together when they check-in online. If a passenger does leave checking in until close to the time of departure and all of the seats have been allocated to other passengers, we will try to allocate as many of the family together as we can at the airport and if necessary will ask other passengers if they are prepared to move once they are onboard the plane.”

Ryanair
A Ryanair spokesperson said of the mandatory charge, introduced in October 2016:“This way adults can choose where to seat their children. This will also allow adults to check-in for their flight 60 days before departure. It will not be mandatory for any other adults or teenagers in the booking to reserve a seat; however they may choose to do so.”

Comparing Ryanair equality
Does Ryanair apply this policy to all parties that require individuals in need of care to be sat together? Where a reduced mobility passenger is travelling with an accompanying adult, Ryanair says it “…contacts them by email and do our best to ensure the accompanying passenger is seated next to them and allocate them a seat free of charge.”

Is Ryanair in breach of The Equal Status Acts 2000-2015, because adults with children are being charged where others without children are not, which is therefore discriminatory against those with dependants? Also, others in need of a carer are not charged.

Irish Aviation Authority
Ryanair comes under the jurisdiction of the Irish Aviation Authority (IAA). A spokesperson for the IAA said “If a child travels with an accompanying adult in the same class of cabin, the child should be seated in the same seat row segment as the accompanying adult. Where this is not possible, the child should be seated no more than one seat row or aisle away. All Irish airlines must comply with these requirements and the IAA monitors Irish airlines to ensure compliance.” Despite my requesting a response regarding Ryanair’s mandatory charging from the IAA Director of Safety Regulation Ralph James and CEO Eamonn Brennan and repeated requests to the Press Office and making a complaint using the IAA procedure, the IAA has declined to comment any further on repeating the line on the EU guidance and refuses point blank to comment on monitoring Ryanair’s practice and whether it will take any action on the possible breach of the EU guidelines and indeed the Equality Act.

Further confusion
The European Consumer Centre Ireland said that this matter wouldn’t fit under their remit and suggested contacting the Commission for Aviation Regulation (CAR), as it is the national enforcement agency. But it too said it did not have any legal remit in the area. The European Consumer Centre UK said “This is an area that we would seldom advise on as the experts in this field would be the Civil Aviation Authority who has already provided a comment. It also recommended contacting the CAR.

So, there you have it, none of the organisations in Ireland responsible for overseeing airlines practices want to get involved in monitoring airlines seating children with their adults despite the equivalent in the UK doing so.

Ryanair flies into oblivion the latest fiasco regarding delays

All you need to know about booking/complaining about holidays/flights various posts on laws, guidance, stories, templates etc.

How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

For consumer rights, regulations, laws guidance, advice and template letters for complaining effectively for most situations GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!