Flight contract frustration

e02bf081

Looking to see whether I can get a refund on a place ticket....

I was driving to Stansted airport for my flight back to Dublin last month, when I came upon two upturned lorries in the middle of the motorway! Big crash.
Very quickly traffic came to a quick standstill, with a mile or so of traffic built up behind me. After an hour of standing outside my car waiting, I noticed people had started driving back up the hard shoulder and up the exit lanes to get off the motorway. I did this too, but didnt know where I was going, and ultimately missed my flight.

My question is, would my contract with Ryanair be considered as having a total failure of consideration, due to a frustrating event?

If so would I be likely to get a refund on my plane ticket?

Thanks!
Conor

Paulw

e02bf081 wrote: »

My question is, would my contract with Ryanair be considered as having a total failure of consideration, due to a frustrating event?

If so would I be likely to get a refund on my plane ticket?

It was not the fault of Ryanair that you missed the flight. You are normally advised to be at the airport 2 hours prior to departure. Were you delayed by 2 hours by this "frustrating event"?

Highly unlikely that you would get any refund.

seamus

Only travel insurance is likely to cover something like this. It's not Ryanair's fault that you didn't make it to the flight, and the flight was not cancelled or delayed.

Ryanair are required to refund you the taxes paid on your ticket, but they're entitled to charge you an admin fee for this, so it's usually nt worth your while.

e02bf081

Hi Paul

Yeah i was delayed by about 3 hours...
when i say frustrating event, obviously it was very frustrating!, but what i meant was could contract be deemed discharged due to frustration... would that mean it wasnt my fault either and so i could get a refund....

Avatargh

e02bf081 wrote: »

Hi Paul

Yeah i was delayed by about 3 hours...
when i say frustrating event, obviously it was very frustrating!, but what i meant was could contract be deemed discharged due to frustration... would that mean it wasnt my fault either and so i could get a refund....

Nope. It wasn't impossible to make the flight. As you said yourself, you didn't know where you were going. That's not a criticism, but how the doctrine plays out.

Frustration ain't an easy one to get over the line.

I am presuming, of course, that it wasn't impossible to make the flight from the facts outlined.

Procrastastudy

This isn't frustration or a failure of consideration.

seb65

e02bf081 wrote: »

Hi Paul

Yeah i was delayed by about 3 hours...
when i say frustrating event, obviously it was very frustrating!, but what i meant was could contract be deemed discharged due to frustration... would that mean it wasnt my fault either and so i could get a refund....

Frustration is a strict test. Not a mere inconvenience, but an absolute impossibility. Most times frustration means the subject of the contract itself is destroyed before it can be given to the contractee. Also, if the contract is one for a service, it means the death of the person providing the service.

I have no doubt it was a frustrating event for you, but it is not an event of frustration!













































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