Volcanic ash cloud from Iceland has seen thousands of flights cancelled since 15 April. Tens of thousands of air passengers were stranded - many of them out of pocket.
What rights do air passengers have?
Speaking on The Afternoon Show, Tina Leonard, Consumer Expert, said the following about consumer rights for those affected by the recent and ongoing disruptions:
The Law
The law that protects you when flights are delayed or cancelled is EC Regulation 261/04. For more information on your rights go to http://apr.europa.eu/
The first thing to note is that because all delays/cancellations are out of the airlines' control and are due to 'extraordinary circumstances', you are NOT entitled to any additional financial compensation, (which is normally between €250-€600).
Exceptions to the Compensation Rule
Passengers are NOT entitled to financial compensation if the following have caused the delay or cancellation of the flight:
• Political instability
• Bad weather
• Security risk
• Unexpected flight risk
• Strikes
The carrier does not have to offer compensation in relation to a cancelled flight if the passenger has been informed of the cancellation in advance of the departure date.
Cancellation
You are entitled to a choice between a refund of the ticket or rerouting to your final destination on the next available flight or at a later date more suitable for you.
Duty of care entitles you to:
• Free meals and refreshments as well as two phone calls/emails.
• Overnight accommodation if needed and transport to and from it.
Delay:
Your rights kick in at the following times:
- Delays of two or more hours in the case of flights of 1,500km or less;
- Delays of three or more hours in the case of all intra-Community flights of more than 1,500k, and of all other flights between 1,500 and 3,500km;
- Delays of four or more hours in the case of all other flights
In the event of such delays, you should receive the following duty of care:
- Meals and refreshments in reasonable relation to the waiting time
- Hotel accommodation where a stay of one or more nights becomes necessary
- Transport between the airport and the place of accommodation
- Two telephone calls, faxes or emails
If your flight is delayed by five hours or more and you decide not to travel, you are entitled to look for a refund for the part or parts of the journey not completed.
However, if you have already started your journey and the purpose of your original travel plan is no longer attainable (e.g. connecting flight missed as a result of the delay of a flight in your itinerary) you can request to return to the first point of departure at no extra cost and the refund for the part of the journey already made. In such a case, the air carrier also has to give you your right to care.
Refunds and Rescheduling
Speaking on RTÉ's Morning Ireland on 21 April, Ann Fitzgerald, Chief Executive of the National Consumer Agency, gave the following information:
If you chose to reschedule your flight date, the airline must provide food, accommodation, care and assistance in the interim.
However, if you chose to look for a refund of your money you have broken your contract with the airline. The airline is therefore not obliged to provide any further care, such as meals or accommodation. In a situation like this, you should look carefully at your travel insurance policy to see if you are covered, however this case will most likely be deemed an 'Act of God'.
These rights apply to passengers who booked through a travel agent, as well as those who booked independently.
Complaints:
If you are not offered the above 'duty of care', keep your receipts for any expenses and apply to the airline later for a refund of those expenses. If consumers have any problems regarding these rights, they can contact the National Consumer Agency on 1890 432 432 or visit the website listed below.
VHI Customers
Also speaking on Morning Ireland, Declan Moran, Marketing and Business Development Director of VHI, advised customers to keep all accommodation expenses that you may have incurred while abroad.
VHI is currently setting up a hardship fund, it hopes to be able to use to make a contribution to extra expenses that customers have had to reckon with.
Mr Moran also said that VHI has extended the trip limits to customers with their Multitrip Policy who may have reached the end of their cover period but who are stranded abroad.
Further information and unresolved complaints to:
The Commission for Aviation Regulation: www.aviationreg.ie
Irish Aviation Authority: www.iaa.ie
Consumer Association of Ireland: www.thecai.ie
European Commission: europa.eu
National Consumer Agency: www.nca.ie
