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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8443
Experience:  I have been practising for 30 years.
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Can you answer a question regarding failure to discharge

Resolved Question:

Can you answer a question regarding failure to discharge Duty of Care obligations/responsibilities vide EU 216/2004 - Notice of Rights in the event of denied boarding, flight delay or cancellation. Airline failed to provide relevant information at airport. Airline sent out e-mail day previously, I did not receive it, no e-mail acces whilst on UK holiday. Airline could/would not believe so. Under Article 14 airline had responsibilities, none of which were explained to us either verbally or in writing. We had to return to France by triain to the tune of £550, I am claiming this from airline but they have refused to pay citing they had returned the cost of the flight back to France and have no further responsibilities for costs incurred by ourselves. Surely they cannot 'get away' with this abrogation of responsibility in denying us the EU regulated 'rights' so clearly set out in the document 216/2004?
Submitted: 2 months ago.
Category: Law
Expert:  F E Smith replied 2 months ago.

Which airline is this?

This may be what you are getting at, but how can they expect to send you an email the previous day, if you are away from your email account and even if you weren’t, how could they reasonably expect you to pick up emails every 24 hours.

What was the reason for the cancellation if that is what it was?

Customer: replied 2 months ago.
Dear Mr *****, *****air was the airline. Cancellation due to French ATC industrial action. Got to airport to find out flight cancelled. Ryanair desk could not get round the fact we had not e-mail access. At no time whatsoever were we informed of the contents of Article 9 (Right to care of EU216/2004). The Ryanair rep told us to move aside as she had others to deal with. There was a supervisor in attendance who never offered any helpful information whatsoever. OK we had no e-mail address but the airline still had a duty of care to inform us verbally or by a sheet of paper, they did not. I am disabled which I mentioned to them and in Article 9 para 3 it states quite clearly that the airline should pay particular attention to the needs of persons with reduced mobility etc. I am not claiming for compensation for the flight cancellation, I am claiming the sums of money back spent whilst returning to Limoges, France, £127.00 and euros 529. Ryanair abrogated their duty of care responsibilities, denying us our rights vide the EU Regs. My question how do I stand on a point of law? I expect to go back to the Uk to a Small Claims Court. I am hoping you can give me some legal platform. When I tried to make contact with legal firms dealing in flight problems such as Bott and Co, they would not take on my case forcing me to go alone. We are OAPs living on our OA Pensions and can ill-afford losing money to Ryanair, nor can we afford a solicitor to act upon our behalf. Any advice would be most welcome.
Expert:  F E Smith replied 2 months ago.

The airline is not responsible for incidents beyond their reasonable control. Strike action is beyond their reasonable control. However, they still have a duty of care which doesn’t extend to financial compensation but does extend to looking after you and I refunding you are rerouting you back home..

You already mentioned Bott and co who have listed here what you are entitled to and which you have probably already seen.

Using the list of criteria, and any receipts that you have, you can take the airline to the Small Claims Court.

You need to write to them telling them that unless they pay you the list of expenses under regulation 261, you will if you Small Claims Court proceedings without further notice.

You can easily if you Small Claims Court proceedings online here

If for any reason you lose (which I cannot see), the worst that can happen is that you lose your court costs that you may have to pay a tiny amount of solicitors costs to Ryanair if they use solicitors. Probably no more than a hundred pounds at most.

Can I clarify anything else for you?

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Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8443
Experience: I have been practising for 30 years.
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