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For any passenger who was affected by a cancellation or a delayed flight during the Aer Lingus cabin crew dispute, be assured that there is a law that gives entitlements to air passengers in these circumstances.
The law is EC Regulation 261/04 which came into force in Feb 2005.
It covers cancelled and delayed flights, plus denied boarding and downgrading.
The rules cover all flights departing an EU/EEA country and those arriving into an EU/EEA country on an EU licensed carrier (unless compensation was already received under the third country’s rules).
Cancellation
If your flight was cancelled you will have been presented with three options:
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Wait to be put on the next available flight
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Re-schedule for a later date
- Get a full refund
The Aer Lingus website had clear information for passengers on how to go about requesting a refund or re-scheduling. All other major airlines will have similar instructions on their websites for those of you claiming from cancelled flights at Christmas because of the snow for example.
What are my entitlements if I wait for next flight?
If you choose to wait for the next available flight, the airline is obliged to provide you with care and assistance:
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Free meals and refreshments as well as two phone calls/emails
- Overnight accommodation if needed and transport to and from it.
This care should be offered to you straight away rather than the passenger having to apply for re-imbursement afterwards.
However, if that did not happen and you had to pay for your own accommodation/meals etc, then submit your receipts to the airline for re-imbursement.
The legislation does not specify what grade of accommodation or meals should be offered, but during the ash-cloud crisis, the European Commission came out and said that “reasonable” expenses should be re-imbursed.
The term “reasonable” is, of course, open to interpretation, but if your claim is denied or only partially met, you can submit a complaint to the Commission for Aviation Regulation who will review complaints on a case by case basis.
What are my rights if my flights is delayed?
Many people’s flights were delayed so if that was the case your rights should have kicked 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-European 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 same care and assistance as for cancelled flights. These are:
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Meals and refreshments in reasonable relation to the waiting time
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Two telephone calls, faxes or emails
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Hotel accommodation where a stay of one or more nights becomes necessary
- Transport between the airport and the place of accommodation
What if my flight is delayed for more than five hours and I don't travel?
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.
If you decide to accept the refund, you may not receive any further care from the air carrier, such as meals or accommodation.
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 care and assistance.
Exactly how much is the compensation for cancelled flights?
If a flight is cancelled then according to the legislation you are entitled to financial compensation of between €250 and €600 depending on the length of the flight. You can expect €250 for flights up to 1,500km.
When does an airline not have to pay out?
The carrier does not have to offer compensation if the passenger has been informed of a cancellation two weeks in advance of the departure date.
Nor does the carrier have to pay out if the passenger is informed seven days before and the re-scheduled flight is less than four hours late, or if the flight is less than two hours late arriving at its final destination.
However, in any case of a cancellation according to the Regulation the airline is not liable if they have done everything they could to avoid the delay / cancellation. So in the case of fog, for instance, you might be kept on the tarmac and the flight might eventually go to its destination even if you choose to leave the aircraft you will not be entitled to compensation.
Airlines don't have to pay out in 'extraordinary circumstances'
EC Reg 261/04: “An operating air carrier shall not be obliged to pay compensation…if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken”.
Unfortunatley the meaning of “extraordinary circumstances” is not defined in the legislation. However there is an explanatory note to the Reg which offers examples:
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Political instability
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Bad weather
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Security risk
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Unexpected flight risk
- Strikes
The Aer Lingus dispute
While strikes are listed here, we cannot assume that this applies to each and every flight that was cancelled during the Aer Lingus cabin crew dispute.
The airline is only exempt from providing financial compensation if it can prove that it took all “reasonable measures” to avoid the cancellation. CAR can investigate on a case by case basis if they receive complaints from passengers.
In addition, although the Regulation itself does not state that financial compensation is payable in cases of delay, a ruling delivered last year by the European Court of Justice (in the cases of Sturgeon -v- Condor Flugdienst GmbH and Bock and Others -v- Air France; SA C-402/2007 and C-432/2007) maintains that compensation may be payable in delay situations where the destination is reached three or more hours after the original scheduled time.
The international Montreal Convention also allows for compensation for damages arising from delayed flights but this also includes the extraordinary circumstances exemption.
Informing passengers
Airlines also have an obligation to inform passengers of their rights.
Firstly they should have a notice at check-in with specific text advising passengers that “if you are denied boarding of if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance”.
In case of cancellation or delay that text to be provided is a written notice with details on the rules for assistance and compensation plus info on the enforcement agency responsible.
If this occurred in all situation that passengers would know their rights from the start.
Airlines are not responsible for lost hotel/car rental bookings or missed events
If your flight was cancelled and as a result you had to cancel a hotel, car rental booking or missed an event for which you have tickets, for example, then the airline is not responsible for these losses.
You have to check the terms and conditions of any service provider to see if they offer refunds or partial refunds for cancellations, and check your travel insurance policy to say will that provide cover (it may not).
Complaints
If you are not offered your rights, you should write to the airline seeking them. If your complaint is not resolved send your complaint to the Commission for Aviation Regulation: www.aviationreg.ie
Be aware that the legislation provides that the authority in a particular country is only responsible for complaints about instances in that country. So, if your flight was cancelled in Spain, and you weren’t given assistance then it’s Spain’s authority that should handle the complaint. CAR’s website has a list of all authorities so that you can contact them directly or they can forward your complaint on to the relevant body.
More information
