Ryanair refund 😡

[MilkmanBen]

I received a reply from Ryanair after asking for a full refund after they cancelled our outgoing flight.

We regret the cancelation of your flight FR4753 from Bristol - BRS to Tenerife South - TFS on the 09/06/2022. However, since you were informed more than 14 days before flight, we regret to advise that no compensation is due under Article 7 of EU Regulation 261/2004. If you are not satisfied with the outcome of your complaint, you may be able to refer your complaint to AviationADR (previously known as The Retail Ombudsman) within 12 months of our final response for a review. AviationADR is an independent and impartial airline dispute resolution scheme approved by the Civil Aviation Authority. This service is free to passengers.

Is there a better way to deal with this matter as they've already gave me a few hurdles. I just want my money back.

[R0b]

Hello

So you're only claiming the refund of the cost you paid for the flight and not compensation because the flight was cancelled? Sounds like the person has misunderstood what you're asking for, or knows full well wht you're asking for but playing dumb.

Either follow the Ombudsman process (I have no idea how successful that will be) or start the legal process by sending a letter before action to Ryanair. I prefer the latter because quite frankly I find most ombudsman services are are as useful as a chocolate teapot whereas most companies tend to react pretty quickly to legal proceedings.

Ryanair are a bit of a slippery business in my view and will avoid at all times any attempts to refund or compensate you wherever possible. Out of curiosity, I checked their terms and conditions and to my amazement, Article 10.1 says:

Except where clauses 4.2, 10.2, 10.3 and 10.4 of these terms apply, all amounts you pay for flights operated by us (including amounts for optional services) are non-refundable.

None of those clauses seem to be applicable to you. Clause 9.2 talks about compensation for cancelled flights under the EU regulations but in this case having given at least 2 weeks notice that compensation right doesn't apply.

However, what they're terms appear to be suggesting, is that once you pay for your flight, it's non-refundable even if Ryanair cancel your flight, for whatever reason. I couldn't see anything else about refunding your flight cost but that is a blatant unfair contract term and will most definitely not fly in a court of law. There is no way Ryanair will get away with cancelling a flight and keeping your money despite not providing the service as agreed.

How you want to proceed is entirely up to you, going the ombudsman route is free but could take forever and you might not get the result you need meaning you have to issue legal proceedings anyway, or you skip to that part but it will cost you to start proceedings.

[atticus]

Did you pay by credit card?

[Sam101]

Did you just buy a flight or a holiday package. The latter may be protected by ABTA

[MilkmanBen]

Thanks for the replies. It was actually a friend who booked both flights (flights only, no package)
He did pay for the flights using a Tesco credit card and a service I'm not too familiar with called Kiwi.

We are claiming a refund for both flights not compensation. Ryanair cancelled our outgoing flight leaving us with no alternative but to look for other flights ending up we left a day latter than planned.
They did offer us an alternative flight but wanted more money and it was from Gatwick to Dublin to Teneriffe North when our original flight was from Bristol to Teneriffe South. It begs belief to say there's no refund

[R0b]

Well that might change things somewhat.. Kiwi seems to operate as an online travel agency a bit like "Love Holidays" or "On the Beach" whereby they are not selling flights on Ryanair's behalf, rather they are purchasing tickets on your behalf as an agent. The problem is that the contract is generally with the third party rather than directly with the flight operator. Also to add Kiwi is a company operating in the Czech Republic and a quick google suggests there is a flood of complaints and people don't get refunds unless the media get involved or if you're in the US, the Department of Transport.

Having said that, Kiwi's terms indicate they are purchasing the tickets on your behalf as agent so on that basis you should still have a direct contract with Ryanair from a legal perspective, though this is where it might get a bit grey.

In terms of your options:

1. I did find a link on Ryanair's website about online travel agents and if you scroll down there is an option to get a refund provided you fill out certain information - Online Travel Agents. Your friend could try that and see what happens.

2. Follow the ADR process or end a letter before action to Ryanair, plus as the transaction was credit card, Tesco will be jointly liable under s.75 of the Consumer Credit Act so a letter before action should be sent to them also. I don't know what Tesco's process is but you could try giving them a call before sending an LBA and they might process your claim pretty quickly. On the other hand, I know that credit card companies try to spin it so they try to get the charges reversed or you have to fill out forms and you never hear back or they ask you to settle it with Ryanair. All of that is nonsense really but it depends how patient your friend is and how quickly they want their money back.

3. I would also raise a complaint with the Civil Aviation Authority following their process but note the timescale for dealing with it, five weeks or more. How the CAA can help | Civil Aviation Authority

4. Go to the media and complain about Kiwi/Ryanair. The Guardian has a section called Consumer Champions and they get in touch with providers on their behalf and report on it. I don't know how long it takes but they tend to get a decent rate of success as well as giving those service provides a bit of bad publicity.

Your friend could kickstart one or more of the options and see what comes back first. Personally, I would advise against third party providers unless it is absolutely necessary and only if you can be protected in some way such as using credit card or through ABTA as mentioned by Sam101. For the sake of saving a few quid, it's really not worth the hassle especially now the UK is out of the EU and you deal with companies based in foreign countries.

[MilkmanBen]

Thanks for the advice Rob I have passed this on to my friend that booked it. I will update you with the outcome. Fingers crossed we get a positive result.