Pensioner flying high after he takes Ryanair to court over missing bags

Published on Wednesday 24 September 2008 22:31

WHEN Maurice O'Carroll was offered only £7.50 after his luggage went missing from a Ryanair flight, he refused to take the money.

Instead, the pensioner took on the airline in the courts – and won 750.

Mr O'Carroll said it had been the "sheer frustration" of having only an answering machine, rather a human being, to complain to for the two days his luggage was missing that drove him to take legal action.

But last night, Ryanair said that it would appeal against the decision.

Mr O'Carroll and his wife, Ita, flew from Aberdeen to Dublin on Friday, 3 August, last year for a friend's golden wedding celebrations in Kerry, nearly 120 miles from the airport. But when they arrived, there was no sign of their two pieces of luggage.

"We were told we had to telephone to find out what had happened, but, despite leaving messages on the answering machine, no-one phoned us back," Mr O'Carroll said.

"We stayed in a hotel in Dublin and had to drive to the airport to try to find out what was going on. We went back the following day and tried again to get human contact, but had no success."

The bags were eventually located on the Sunday evening.

On returning home to Aberdeen, Mr O'Carroll wrote to Ryanair asking for compensation. The couple were each offered 7.50 in cash, or 15 worth of travel vouchers. They declined those offers, and a later one of 200, and instead raised a small-claims action at Aberdeen Sheriff Court for damages for breach of contract.

They asked for 750, made up of 200 out-of-pocket expenses and 500 for inconvenience, stress and frustration.

Mr O'Carroll was told by Ryanair's solicitors that various provisions of the Montreal Convention 1999 dealing with damages payable by air operators left little leeway "even for a Scottish sheriff" to award any sum at all.

Ryanair lodged its defence, saying that, under the convention, the court had no jurisdiction to hear the case. It said that, even if the court had jurisdiction, the convention did not allow for compensation that was "punitive, exemplary or non-compensatory".

In March, the airline withdrew its jurisdiction defence and the sheriff granted Mr O'Carroll the 750 for which he had sued, with expenses of 75.

Mr O'Carroll said: "I felt I was being fobbed off by Ryanair's solicitors. They wear their client's colours with distinction, if not with full honour."

A spokesman for Ryanair said: "Mr O'Carroll's claim against Ryanair regarding his delayed baggage falls under the Montreal Convention 1999.

"As a matter of international law, damages for alleged distress or inconvenience as a result of delayed baggage are not payable.

"Since this Scottish sheriff's decision is contrary to international law, Ryanair will be appealing this case, and we are confident that this bizarre decision will be overturned."

PROFILE

MICHAEL O'Leary, 47, chief executive of Ryanair has a personal fortune of 280 million. He is famed for innovative tactics, including using receipts from onboard shopping, internet gaming, car hire and hotel bookings to reduce air ticket prices.

But customers have complained of overbooking, lost or delayed luggage, lack of compensation and difficulties in contacting the airline.

Last year, Ryanair said it lost 0.5 bags per 1,000 passengers, compared with 17.7 by British Airways in Europe.

A quick and easy way to achieve justice in money disputes

THE small claims court is intended to offer a quick, informal way of settling financial disputes over sums of up to 3,000.

It is a "do-it-yourself" procedure, although claimants can choose to be represented by a friend or adviser. Some legal aid may be available, but that money cannot be used to pay a solicitor to represent the claimant.

Attempts should be made to solve the problem by negotiation before applying to the sheriff court.

Although a simplified legal process, there can still be many pitfalls.

Many applicants do not fill in the required forms correctly or return them within the necessary period.

The most common types of claim are:

&149 Compensation for faulty services – for example, by builders, dry cleaners and garages;

&149 Compensation for faulty goods, such as televisions or washing machines;

&149 Disputes between landlords and tenants;

&#149 Wages owed in lieu of notice.