Ryanair’s excuse for weather delay flies in the face of judge’s ruling

I am at loggerheads with Ryanair after our flight to Dublin was delayed by nearly five hours in October.

We were told the delay was because the aircraft due to take us had arrived late from its previous destination. When I twice attempted to claim compensation I received two responses stating that the incoming aircraft had been delayed by strong winds in Lanzarote and that, as this was beyond the airline’s control, it counted as “extraordinary circumstances” and exempted them from paying out under EU Regulation 261/2004. Am I right in thinking that “extraordinary circumstances” can only be applied to the actual flight affected by the weather, or can airlines use this as an excuse for any subsequent delays? CH, Manchester

You are right, but Ryanair is counting on passengers having a flimsier grasp of airline regulations.

Last month a judge concluded that while adverse weather is not the fault of airlines, it’s a daily reality of flying and they have a responsibility to put measures in place, such as spare aircraft on standby, to prevent delays.

A spokesperson for Bott & Co, a solicitor specialising in flight delay compensation, confirms that Ryanair is trying it on. “Sadly, this is a typical response from an airline,” she says. “A brief look at the regulation and existing case law shows that Ryanair’s argument is fundamentally incorrect.”

EU 261/2004 lists examples that may count as “extraordinary circumstances”, including “meteorological conditions incompatible with the operation of the flight concerned”. Yours was not the flight concerned.

“Difficult weather is something which airlines have to encounter as a matter of course; for it to be extraordinary it must be ‘freak’ and it absolutely must be related to your flight,” states Bott & Co, which says it’s been contacted by other passengers on the same flight. This is all lost on Ryanair. It says it “fully complies with EU 261 and deals with all valid claims on a case-by-case basis”.

Out of the blue this week, over three months after your claim was refused and after The Observer got involved, you receive an email apologising for its “conflicting information” and offering €500 compensation to which the regulations entitle you. Your non-Observer-reading fellow passengers will no doubt have to wait for their day in court in hopes of the same – or, if they lack your tenacity, go without.

If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number.