Ryanair must pay ash cloud travel costs

Ryanair and other airlines must cover the costs of travellers whose flights have been cancelled even if the reason is outside the control of the carrier, according to lawyers in the European Court of Justice.

Denise McDonagh from Dublin is suing Ryanair for over €1,120 after her flight from Faro in Portugal was cancelled after the eruption of the Icelandic volcano Eyjafjallajökull! grounded flights in Apr 2010.

She had to spend nine days in Portugal waiting for a return flight, but when she claimed for accommodation and other costs due under EU legislation, Ryanair refused to pay.

Ms McDonagh brought her case to the Dublin District Court, which referred it to the European court. While the Luxembourg-based court has yet to give its judgment, the legal opinion of its advocate general, Yves Bot, was very much in her favour.

Ryanair also wants the court to say if the closure of airspace because of the ash cloud was an exceptional circumstance that should not bind them to pay for accommodation, meals and refreshments, and whether the number of days they must cover is limited.

The opinion of Mr Bot was that the rule to pay for accommodation and meals covered all passengers whose flights were cancelled and that included those cancelled as a result of extraordinary events, such as the eruption.

However, they are not obliged to pay out additional compensation to passengers if the cancellation of flights is caused by extraordinary circumstances.

He argued it was not disproportionate since airlines were free to pass on the costs to passengers. He said Ryanair is already doing this since it introduced a special levy last April.

Ryanair spokesperson Stephen McNamara said: “We hope the final court decision will find in favour of Ryanair’s appeal and remove the blatant discrimination in the EU261 airline regulations, which expose airlines to unlimited liability, even in cases such as volcanic ash which the airlines should not be held responsible for.”

MEP Jim Higgins said he was delighted the advocate general’s view was the same as that of the European Parliament.

However, he took issue with Ryanair’s levy to cover such costs.

“In fact, passengers are already paying a charge to be looked after in the case of a cancellation. Ryanair can’t have it every way,” he said.

Ryanair says airlines are discriminated against because road, ferry, and coach operators have their liabilities subject to time and financial limits.

They say under EU rules, rail companies are required to pay out reasonable costs, and sea and coach services are limited to €80 a night.

There is no limit to the number of nights accommodation for air.

The European court is expected to issue a judgment later this year.