[Article] Ryanair ordered to pay up for damage to surfboards

Victor

http://home.eircom.net/content/unison/national/3489719?view=Eircomnet

Ryanair ordered to pay up for damage to surfboards
From:The Irish Independent
Tuesday, 29th June, 2004

A COURT has awarded the father of a member of the Irish International Surfing Team compensation against Ryanair for damage to two custom-built surfboards.

Judge Elizabeth Dunne, criticising the airline for "its attitude from day one" to the claim of Roy Kilfeather, also directed Ryanair to pay travel and hotel expenses related to two Dublin court appearances by Roy and his son, Stephen (16).

"For Ryanair to have sat on its rights that a Property Irregularity Report should have been filled out before Stephen left Dublin airport seems to me to be just daft," Judge Dunne said.

"Apart from obvious damage to a suitcase it is extremely unlikely a passenger is going to open his or her luggage to check for damage to contents before leaving the airport.

"If every passenger was required to check suitcases before leaving the baggage area the airport would be ground to a halt and I dismiss that requirement with a grain of salt."

Peter Lennon, solicitor for Ryanair, told the court Mr Kilfeather, of Seacrest View, Strandhill, Co Sligo, had been awarded €748 damages in the Small Claims Court.

He said the damage to the surfboards had not been noticed until the Kilfeathers arrived at their Sligo home.

Mr Lennon said the court was restricted under the Warsaw Convention governing compensation for damaged luggage to awarding €21 per kilo to a maximum of 15 kilos. Ryanair had not been represented in the Small Claims Court because the company had not been informed of the hearing and had therefore appealed the €748 award to the Circuit Court.

Mr Kilfeather, a member of the national executive of the Irish Surfing Association, said he had bought the two custom-made surfboards for his son in South Africa for €748. While he could have reclaimed his loss under an insurance policy, he had refused to do so on a point of principle.

He said a special handling fee had been paid to Ryanair and he had always felt the airline should be responsible for the damage.

Stephen said he had flown with another airline into Gatwick airport from Faro following a meeting with his sponsors in Portugal. After the Ryanair Gatwick-Dublin flight he noticed from looking out of the aircraft that suitcases had been stacked on top of his surfboards as they were being ferried towards the baggage carousel.

Judge Dunne said she accepted the surfboards had been damaged on the flight between Gatwick and Dublin and Ryanair was responsible but added that Mr Kilfeather was stuck with the restricted compensation figure under the Warsaw Convention. "This matter should not have ended up in court," she added.