10 AUGUST 2015
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A Court hearing that in theory stands to affect millions of consumers took place last week.
The test case of Goel & Trivedi v Ryanair could lead to Ryanair successfully putting a two-year time limit on claims, despite the Supreme Court ruling that passengers have six years to claim.
Ryanair argue that by accepting the airline’s Terms and Conditions when they buy a ticket, passengers are waiving their right to the limitation period.
This is a test case. All Courts in England and Wales are likely to follow the decision.
Flight delay Regulation EU261 entitles passengers to claim flight compensation of up to €600 per person for delays of three hours or more, as long as the delay was not caused by ‘extraordinary circumstances'.
The Regulation states airlines must apply the limitation period of the country where the claim is lodged.
The Supreme Court ruling of October 2014 in Dawson v Thomson Airways clarified that passengers in England and Wales have six years to take a claim to Court.
Despite this, the airline has still been attempting to put their own time limit on claims.
The Judge reserved his ruling. It is likely to be some weeks before a decision is published. See also WHICH in this issue. www.ryanair.com
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