Ryanair still has to pay compensation for a delayed flight from 2017 to a company that filed the passengers’ claims.
On appeal, Claimingo was proved right by the judge after the subdistrict court had previously decided that Ryanair did not have to pay. The Irish price fighter has stated in its conditions that claims cannot be transferred.
The court in Den Bosch held that this so-called ban on assignments is an inadmissible restriction of the right to compensation. Claimingo can, therefore claim 1,600 euros from Ryanair.
That is the total delay compensation to which the four passengers who had engaged the company were entitled. Claimingo immediately pays passengers somewhat lower compensation and then claims the compensation from the airline.
The court also looked at the cause of the delay, a broken on-board radio. Under European law, this is not an exceptional circumstance because Ryanair would not have to pay a delay compensation. The aircraft was also allowed to take to the air without all available on-board radios working. Moreover, Ryanair has not disputed this in the appeal.
In addition to the claim amount, Ryanair must also pay the legal costs and collection costs incurred.