Due to the strike at Charleroi airport last September, Matthieu saw his Ryanair flight cancelled. Although he quickly obtained a refund for his ticket, the costs of booking an alternative flight were much higher. A situation denounced by the young man from Grez-Doiceau.
Matthieu is one of the many victims of the strikes that occurred on September 12 and 13 at Charleroi airport. His Ryanair flight from Athens was canceled without the company offering a replacement flight or compensation, citing an unforeseen strike that affected the airport. Ryanair simply refunded the price of the ticket, around 180 euros, leaving Matthieu to bear the additional costs linked to finding an alternative solution.
“I was supposed to return on Friday evening, but on Thursday evening, I received a notification from Ryanair informing me that my flight was canceled. My partner and I had to book another Brussels Airlines flight on Saturday morning, and add a hotel night”says Matthieu, who lost more than half a thousand euros because of this canceled flight. “In the end, this cancellation cost me more than €500, with no possible recourse, either against the company or against the airport. It’s simply scandalous”he laments.
The young man then contacted the company and the airport, in the hope of obtaining compensation. In vain. In its response, Charleroi airport considers that “the strike suffered was a case of force majeure, completely beyond our control and beyond the control of management.” According to the airport, a 15-day strike notice had been given and discussions were underway when “the strike action was called by staff before the expiry of this deadline, in violation of all the rules relating to social consultation. Management adds that “In this context, it is not possible for us to respond favorably to your request.”
What does the law say?
First of all, it is important to remember that, in this type of situation, you must contact the airline and not the airport for any complaints, as explained by Jean-Philippe Ducart, spokesperson for Test-Purchases: “It is not the airport that is responsible in this case, it is the airline. There is no contractual relationship between the airport and the consumer, but rather between the company and the consumer “he says.
Normally, an airline is required to compensate its passengers for any delay of more than three hours or for flight cancellation, provided that they have not been informed at least two weeks in advance. However, this compensation obligation does not apply in the event of force majeure, that is to say an extraordinary circumstance beyond the control of the company, such as a strike by air traffic controllers, for example. In a situation like the Charleroi airport staff strike, it is a case of force majeure, which therefore excludes any right to compensation for passengers.
However, as stipulated in the European regulation on passenger rights, the company must comply with its obligations in this type of situation. “Ryanair is required to refund the ticket or offer an alternative, such as another flight or transport to another airport. This alternative must be accepted by the consumer“, continues Jean-Philippe Ducart.
That being said, even if an airline refunds the plane ticket, that doesn’t mean passengers can’t claim other expenses related to the flight cancellation. “From the moment the company does not offer a valid alternative, or no alternative, you are entitled to claim the costs incurred”says the spokesperson for Test-Achats. “This includes, for example, the cost of a hotel night if the passenger had to wait for a flight the next day, as well as the additional cost of a new plane ticket.”
Although these fees are not explicitly mentioned in the European regulation, “we consider that they are due.” In other words, “it is an interpretation based on case law which considers that the absence of an acceptable alternative results in costs that the company must cover.he specifies.
What can Matthew do?
For Matthieu, the process to follow is simple: he must submit a file directly to Ryanair detailing the costs he had to assume due to the cancellation of the flight, accompanied by the necessary supporting documents. “Obviously, this must remain reasonable. It is not a question of booking a night in a 5-star palace or taking a business class flight”underlines Jean-Philippe Ducart.
Finally, it is possible that Ryanair will still refuse to reimburse the full amount, because “There is always an element of interpretation and this can give rise to discussions. Sometimes, it happens that a company offers a fixed amount, and it is up to the consumer to estimate whether this covers their loss”concludes the spokesperson.
Ryanair strike flight canceled refund
