THE industrial action by pilots at Aer Lingus has played havoc with the travel plans of thousands of people, with stories of frustration, missed flights, and costly rebookings relayed by families across West Cork.
The situation at Aer Lingus has put the issue of consumer rights back in focus. So what are your passenger rights?
If the airline can prove that the cancellation was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, then no compensation is payable, though a refund would still be due.
Air passengers have specific consumer rights under European law. Where your flight is cancelled, you are entitled to a choice of:
• Refund the cost of your ticket within 7 days or
• Re-routing to your final destination at the earliest opportunity or
• Re-routing at a later date at your convenience, subject to the availability of seats
You are not entitled to compensation if:
• You have received at least 2 weeks’ notice of the cancellation; or
• You have received between 2 weeks and 7 days’ notice but you have been offered an alternative flight departing no more than 2 hours before your original departure time and arriving at your final destination less than 4 hours after your original scheduled time of arrival; or
• You have received less than 7 days’ notice but you have been offered an alternative flight departing no more than 1 hour before your original departure time and arriving at your final destination less than 2 hours after your original scheduled time of arrival.
What are my rights if my flight is delayed?
Whether a delayed flight comes within the terms of the law depends upon the distance of the route involved and the length of the delay. The following flights are covered by the law:
• Delays of 2 hours or more in the case of flights of 1500 km or less
• Delays of 3 hours or more in the case of all flights within the EU of more than 1500 km, and all other flights between 1500 and 3500 km
• Delays of 4 hours or more in the case of all other flights
If your delayed flight is covered by the law, free meals and refreshments must be offered depending on how long the waiting time is.
Hotel accommodation must also be offered free of charge where an overnight stay becomes necessary, as well as transport betweent. You must be offered 2 free telephone calls, fax messages, or emails.
If the flight is delayed at least 5 hours, you must be offered a refund of your ticket instead of flying. A refund is a full refund of the ticket for the part or parts of the journey you have not made and for the part or parts you already made if the flight is no longer serving any purpose to your original travel plan.
When relevant, it includes a return flight to your first point of departure, at the earliest
opportunity.
If the airline can prove the delay was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is
payable.
What are the levels of Compensation paid?
Where a refund of the cost of the ticket is chosen and you are also entitled to compensation, the following compensation must be paid:
Flights of 1,500 km or less: €250
Flights of over 1,500 km within the EU and other flights between 1,500 and 3,500 km: €400
All other flights: €600.
When the choice is re-routing and you are entitled to compensation, the amount of compensation you are entitled to depends on the length of delay past your original planned arrival time.
What are the rules re upgrading and downgrading seats?
If you are offered a seat in a higher class than your original booking, the airline cannot charge you an additional payment for this seat.
If you agree to be placed in a lower class than on your original booking, you are entitled to reimbursement of a percentage of the difference in price. In other words, if you booked a business or first class seat and the airline offers you a seat in a lower class it must refund you a percentage of the ticket price you originally paid.
How do I make a complaint?
If you have a complaint about a cancellation, long flight delay or an instance of denied boarding, complain to the airline first.
If your airline does not resolve your complaint, you should send it to the Irish Aviation Authority (IAA).
If you have a complaint about a flight returning to Ireland from the EU/EEA, you contact the national enforcement body in the EU/EEA state your flight departed from.
For example, if you booked a return flight from Dublin to Malaga and the outbound flight (i.e. the Dublin to Malaga flight) was cancelled then you should contact the Irish Aviation Authority (IAA). However, if the return flight (i.e. the Malaga to Dublin flight) was disrupted then you should contact the Spanish equivalent, the Agencia Estatal de Seguridad Aérea (AESA).
• You can call into your local Citizens Information Service in Bantry or Macroom or ring 0818 078390. They will be happy to assist you and arrange an appointment for you. The Bantry office is staffed from 10am-5pm from Monday to Thursday and on Friday from 10am-4pm. Alternatively you can email on [email protected] or log on to www.citizensinformation.ie
