The demotion of the airline Lauda to a pure wet lease operator for Ryanair meant that the flight numbers have changed. The airline responsible for passengers is no longer Lauda (OE), but Ryanair (FR). This unilateral interference in the transport contract actually requires the consent of the passengers, so there is also an extraordinary right of withdrawal.

Not surprisingly, Ryanair and Lauda do not refer to this fact at all in the customer letters and the service center is obviously specifically trained to get rid of such legitimate claims and in a thoroughly amateurish manner.

Lauda sold all tickets under OE flight numbers exclusively on the Ryanair homepage. Depending on whether the red-colored Lauda variant or the blue-colored Ryanair version of the homepage is used, passengers receive their booking confirmations with the Lauda or Ryanair logo. But this is pure cosmetic, because the invoices are issued by Ryanair and the means of payment are also debited by the Irish. Formally, a contract of carriage is created with Ryanair for carriage with the airline Lauda. Well hidden there are even separate terms and conditions of business and transport in rather bumpy German on the website.

Ryanair unilaterally intervened in all contracts containing OE flight numbers and converted them to its own FR code and other flight numbers. This intervention requires the consent of the other contractual partner, i.e. the passenger, as an essential component is changed unilaterally. There is also a formal rebooking, because the airline responsible for fulfilling the transport contract has changed. In the case of claims, for example delays and cancellations, this also has far-reaching consequences, because no longer Lauda in Austria, but Ryanair in Ireland must be prosecuted.

The two airlines should have clearly and unmistakably pointed out in their letters that there was a significant interference in the contract and had to obtain approval. If this is not granted by the passenger, there is an extraordinary right of withdrawal, which results in a full repayment claim within the meaning of EU Regulation 261/2004.

The Ryanair headquarters in Dublin obviously know very well that many travelers, especially tickets booked before the corona pandemic, will not use them because they prefer to stay at home for a variety of reasons. An extraordinary right of withdrawal and full repayment of the ticket money would be nice. But Ryanair knows very well that it may involve millions of euros that you do not want to give out voluntarily.

But Ryanair does not shy away from intervening in the contracts afterwards and changing the flight times or even the flight days several times. The consent of the passenger is explicitly requested here, but the Irish low-cost airline doesn’t care much if customers follow the instructions in the e-mail and tell customer service that their consent will not be given. The “service” that is currently only available via web chat turns out to be more of a “scrapping agency” because there is no useful information or even support, as the existing chat history shows. If the customer puts pressure on them, they'll just end up being thrown out of the chat. Problem solving ala Ryanair?

Customer service casts off claims in bumpy German

One of numerous existing chat histories is shown here as a representative of the way in which the Irish company deals with legitimate customer concerns.

"Customer: I just wrote about you with a colleague. I should fill out a refund form on the homepage. Unfortunately this doesn't work. The flight times were changed for booking XXXXX and I do not agree to this change. Therefore I ask you for a refund as a voucher. The submission via the form does not work.

Ryanair: Welcome to Ryanair customer service. I am happy to answer your questions. Please stay active while your inquiry and reservation details are being reviewed. 

Ryanair: Please use the form from the confirmation of the time change

Customer: There is no form. It says that you should contact customer service

Ryanair: There is a 1-3 hour flight schedule change in your reservation. In this case, you can either keep the trip or rebook it free of charge.

Customer: The flight number has been changed, the flight times have been changed and the airline has been changed. According to EU-VO 261/2004, this means that if I do not accept the flight, I have the right to be reimbursed for the flights. I have already met you and offered you the reimbursement as a voucher.

Ryanair: I am very sorry

Customer: What does that mean in concrete terms? That Lauda / Ryanair is ignoring the law?

Ryanair: In this case, no refund is due

Customer: That's not true. Read the EU-VO 261/2004. Lauda made a unilateral change to the contract and changed the airline, flight number and flight times. Passengers do NOT agree to this change. Thus, the legal regulation takes effect and the airline has to reimburse the ticket price. This is regulated by law and confirmed by rulings by the ECJ. That is out of the question. I'm already coming towards you and I'm ready to accept a voucher. So please ask your supervisor for a solution.

Ryanair: That's all the information we currently have. If you have no other questions on a different topic, is there anything else I can clarify for you?

Customer: Who is responsible for processing?

Ryanair: After your application has been processed, you will be informed by email.

Customer: what kind of application have you submitted?

Ryanair: Sorry no

Customer: and how is that processed now? Whom can I contact?

Ryanair: As I said, unfortunately when your flight was changed by less than 2 hours, no refund is due

Customer: that's not true."

The affected customer was then kicked out of the service chat. Ultimately it boils down to the fact that the passengers concerned have to call in a lawyer and, if necessary, have to go to court or, alternatively, have to turn to a special provider, even though the customers are clearly in the right under the legal situation. Ryanair knows only too well that many passengers do not have legal protection insurance and, on top of that, many insurers want to avoid coverage with the excuse “Corona”. Only a small fraction enforces their rights and the rest is likely to remain in Ryanair's coffers as "Körberlgeld". A behavior that presumably could be financially attractive for the Irish low-cost airline.