Case

In September 2017, a Ryanair flight arrived in Eindhoven more than 3 hours late. The delay was caused by a malfunctioning onboard radio according to Ryanair. In response to the delay, 4 passengers transferred their compensation claims totalling € 1,600 to Claimingo. Ryanair’s General terms and conditions of carriage Ryanair argued, the company was not obliged to pay Claimingo’s claims, because Ryanair’s terms and conditions state that claims cannot be transferred to third parties, in this case, Claimingo. This is also known as a prohibition on assignment. Claimingo argued that the clause was not compliant with article 15 of Regulation (EC) No 261/2004, since it limits passenger rights.

Claimingo brought this case to the Court of Oost-Brabant, which ruled that the transfer of the claim was prohibited by the general terms and conditions. Bletchey Park was asked for legal assistance at the Court of Appeal. Even though the in house counsel already had prepared the file and assembled several legal arguments, we were able to further build the case, especially in the technical area..

Approach

Ryanair had also argued that there was an extraordinary circumstance because a navigation radio was defective, causing the flight to depart late. In the case between Wallentin-Hermann against Alitalia, the European Court of Justice clarified which circumstances are considered extraordinary circumstances (“force majeure”). Maintenance issues are considered the responsibility of the airline. In the case against Ryanair an unserviceable navigation radio is regarded a maintenance issue. Furthermore, Claimingo was also able to demonstrate that a defective onboard radio does not necessarily lead to a flight not being carried out on time. According to the applicable EASA rules, a flight with such a defect can be operated if there are alternative means of navigation. That was the case here, since there were alternative means for navigation available.

Result

The Court of Appeal ruled differently. The court believed that the prohibition on assignment did indeed limit passenger rights, making this provision in the general terms and conditions of carriage void in this case. It did not matter that the company submitting the claims was not a consumer.

Bletchley Park Lawyers has expertise in aviation, including knowledge of aviation legislation and technical/operational issues. Bletchley Park has a track record in successful claims, liability issues related to the purchase and sale of aircraft and parts, and their maintenance. We advise airlines, maintenance organisations, flight schools and flight clubs.

Would you like to know more about this ruling or our other aviation services? Mr. F.E. Olberts (+31-(0)621-250449) can provide you with more information. You can also schedule an introductory online or phone consultation via this link without any obligation.