Half-empty flights: RyanAir cancels them. Can compensation be claimed?

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While many Italians find themselves forced to cancel travel for containment measures to Coronavirus, airlines make their calculations and, with the decrease in reservations, decrease the scope of flights to Italy or, like RyanAir, directly cancel the routes. The Irish company, the first in Italy for passengers carried, has announced that it has canceled one in four Italian flights from 17 March to 8 April. The reimbursement of the ticket is certain, but passengers may also be entitled to compensation, which according to EU regulation 261 of 2004 ranges from 250 to 600 euros depending on the length of the route. Compensation is due if the company gives less than 14 days’ notice (therefore, it does not seem the case of RyanAir) but if the passenger believes he is still right he can file an online lawsuit at very reduced costs.

Several readers, in fact, tell us that RyanAir has canceled flights that do not depart or arrive in restricted areas or quarantines, such as London-Rome or Riga-Orio al Serio just to give two examples. Despite this, in the passenger notice email the company writes that it was “forced” to cancel “due to the spread of Covid-19 in Italy”.

“It is a business choice dictated exclusively for economic reasons: that is, the fact that RyanAir is not filling the planes as it would like” comments Maria PisanĂ², director of the European Consumer Center Italy, which is part of a network co-financed by the EU Commission and the States members created to assist European consumers in cross-border disputes.

PisanĂ² believes that on the issue “the ENAC must intervene” and that, even in the event that the notice is longer than 14 days, “the consumer has the possibility to request compensation for the damage for breach of contract”. The difference is that, while according to the EU regulation, compensation is automatic and nothing needs to be demonstrated, in this second hypothesis it is the traveler who must prove the extent of the damage suffered. The place of jurisdiction would be that of the consumer and not the Irish one.

The tool is the European one for small claims. “It costs 43 euros for cases up to 1100 euros and can be conducted independently, without the help of lawyers,” explains PisanĂ². Maurizio Amerelli, jurist of Altroconsumo confirms it: “With a notice of more than two weeks you are not entitled to automatic compensation, however you can try the way of compensation for damages. But it is good to specify that the damage must be demonstrated “.However, in the jungle of regulations, ordinances and decrees these past few weeks, the confusion is great. A few days ago, ENAC made it known that, even in the event of a flight that is not canceled, travelers who live in red areas or who travel to countries that apply restrictions to Italians are entitled to reimbursement, but not to compensation. Except that, in the same press release, ENAC also applies this principle “to passengers who are in possession of an air ticket whose flight is canceled.” So, in this case, no compensation? It is ENAC itself to clarify it to Repubblica: “It is not Compensation is only due if the flight has been canceled for reasons due to restrictions imposed by foreign states on access to passengers from Italy or who have stayed there in the last 14 days. The reasons for the cancellation and the possible exceptionality of the causes must be evaluated on a case-by-case basis and it cannot be determined regardless of whether the cancellation itself is due to an exceptional cause or if it is dependent on the will of the carrier “.

They would not be the only complaints against RyanAir: “Some travelers tell us that RyanAir is denying them refunds and, in some cases, even the change of the flight has been charged, under the heading ‘exchange fees’. Regarding this, we are evaluating antitrust exposures “says Massimiliano Dona, president of the national consumer union.

“The Republic will always fight in defense of the freedom of information, for its readers and for all those who care about the principles of democracy and civil coexistence”

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Topics:
Ryanair
coronavirus



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https://www.repubblica.it/economia/diritti-e-consumi/trasporti/2020/03/04/news/voli_semivuoti_ryanair_li_cancella_si_puo_chiedere_il_risarcimento_-250249772/

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