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Industrial action at Aer Lingus: Your rights in the event of flight cancellations or delays

Industrial action at Aer Lingus: Your rights in the event of flight cancellations or delays

If flights are cancelled or delayed, passengers are entitled to refunds, rebooking, assistance and, in some cases, compensation.

So what rights do you exactly have if your flight is affected?

The rights of passengers in the event of cancelled or delayed flights are laid down in EU Regulation 261/2014.

How do I know if my flights are affected?

In the event of a strike or cancellation, airlines should contact affected passengers by email or SMS.

You can also check the airline’s website (you can find Aer Lingus’ current cancellation list here) and your airport’s online departure boards.

What rights do I have if my flight is cancelled?

If your flight is cancelled for any reason, regardless of when you are notified, your airline must offer you the choice between the following options:

  1. Rebooking as soon as possible, subject to availability, free of charge.
  2. Rebook at a later date.
  3. A full refund within seven days.

What rights do I have if my flight is cancelled?

How do I arrange a rebooking or refund?

In the event of a cancellation or delay, airlines are required to inform passengers of their options. Should this happen at the airport, staff should be on site to explain the different scenarios to you. Otherwise, you will receive an email or SMS to the contact details included with your booking.

You can also check your airline’s website (Aer Lingus and Ryanair) – they should list the steps to process your own refunds or bookings (a voucher may also be an option).

If you booked through a third party (e.g. a travel agent or tour operator), the original sales representative should contact you or be your contact source.

Am I entitled to care and support?

If your flight is cancelled and you choose to rebook as soon as possible, you are entitled to meals and refreshments, hotel accommodation and transfers between the airport and hotel (if required).

If the airline does not provide these and you have to cover the costs yourself, keep the receipts – you are entitled to reimbursement of reasonable expenses.

NB: A five-star hotel may not be a justifiable expense!

Please remember that if your flight is cancelled and you choose a full refund, the airline’s obligations to you will immediately end.

Airplanes at Cork Airport during Storm Emma in 2018. Photo: Cork Airport/Twitter

What about my accommodation?

An airline is not liable for missed accommodation, events or other consequences of a delay or cancellation – only the flight. However, if you booked a package holiday through a travel agent or tour operator, you may be in a better position to re-arrange or reschedule accommodation. Adding trip interruption insurance to your travel insurance (well in advance of travel) can also cover additional costs and accommodation (see below).

Am I entitled to compensation?

Financial compensation depends on the length of the flight and the reason for cancellation. It is different from the assistance and rebooking/refund obligations that must be offered (as described above) and generally ranges from €250 (short haul, less than 1,500 km) to €600 (long haul, over 3,500 km).

If the airline notifies you of the cancellation two weeks or more, you are not entitled to compensation.

However, you may be entitled to compensation if you are given between seven days and two weeks’ notice and your arrival time on the diversion route is more than four hours later, or if you are given less than seven days’ notice and your arrival time on the diversion route is more than two hours later.

If the airline can prove that the cancellation was due to extraordinary circumstances, you may not be entitled to compensation. However, you may still be entitled to a refund or rebooking.

Is a strike an exceptional circumstance?

That’s the six million dollar question!

Depending on the circumstances, airlines may or may not claim that this is not the case. For example, strikes by French air traffic control are external strikes and are therefore usually classified as exceptional and outside the control of the airline.

In the event of an internal strike, “industrial action by the airline’s staff will be deemed to be within its control,” the Irish Aviation Authority said in a statement.

Compensation claims are considered on a case-by-case basis – so if you feel you have a strong claim, go ahead and make it.

Bad weather is generally considered an extraordinary circumstance.

Travel tips: Protect your vacation with these six tips for maintaining and securing your passport

How do I claim compensation?

Compensation claims are never investigated or resolved at the airport. If you believe you are entitled to compensation, you should first make official contact with the airline. If you are not satisfied with their response, you can pursue the matter further by contacting the National Enforcement Body. In most cases, for Irish passengers, this is the Commission for Aviation Regulation (01 661-1700). iaa.ie).

What happens to my return flight if my outbound flight is cancelled?

If a flight is not affected by disruption, you are not technically entitled to assistance or compensation. However, airlines tend to take a logical view and usually work with passengers to refund or rebook affected flights. If you booked through a travel agent or tour operator, you should receive assistance from them.

What happens if my flight is delayed?

If your flight is delayed by more than five hours and you decide not to travel, you are entitled to a full refund. If you accept this refund, the airline is no longer obliged to offer you onward travel or assistance.

If your flight is delayed by at least two hours (short-haul), three hours (Europe) or four hours (long-haul), you are entitled to the care and assistance services described above.

If you arrive at your destination more than three hours after the scheduled arrival time, you may be entitled to compensation of between 250 and 600 euros, depending on the flight distance.

How can my travel insurance help?

In the event of a flight cancellation, your airline should be your first point of contact for a refund or rebooking (see above).

Conventional travel insurance does not help much here, but with the “missed departure” cover you can secure a new flight or an additional overnight stay.

If your policy includes additional cover against “trip interruption”, additional transport or accommodation costs should be covered up to approximately €1,000 per person.

This covers most scenarios involving flight cancellations due to weather, strikes, etc. However, please note that only transport and accommodation costs are covered – so not lost annual leave, business opportunities or deposits, concert tickets, or museum or attraction fees booked in advance online.

Passenger rights. Source: IAA

Is it too late to take out travel insurance?

Trip interruption cover can be added to a policy retrospectively, but not for claims arising from an event that has already occurred (or was predicted).

There may also be a moratorium on trip interruptions from the time you take out the policy until the time you are covered (e.g. seven days), but cover for ‘missed departure’ should still apply.

What happens if my luggage is delayed or lost?

Travel insurance may cover claims for lost, delayed or damaged baggage, but passengers also have rights under the Montreal Convention, including limited claims for compensation.

Some airlines offer daily compensation for delayed baggage, so it’s worth asking. Compensation for lost or delayed baggage is limited to 1,000 SDR (approximately €1,230 at the current exchange rate) under the Convention.

If your baggage does not appear on the baggage carousel, immediately report the problem to the airline and/or ground handler by completing a Property Irregularity Report with details of your bag (be sure to take a photo of the report).

Keep receipts for any essentials you need to buy while you wait for your luggage. Most luggage will be delivered eventually, but luggage is considered lost 21 days after its scheduled arrival.

After the delay, you may wish to make a claim on your travel insurance or pursue liability with the airline through their reporting procedures – Ryanair’s information can be found here and Aer Lingus’s here.

If you are very concerned, it may be worth avoiding the possibility of delayed or lost luggage by using hand luggage only.

If you need to check a bag, make a note of the tag number (a photo is a good idea) and remember not to carry valuables or important medications and documents in your checked baggage.

Ryanair passengers. Photo: Getty

I’m nervous about the trip, can I get a refund?

No. If you cancel your vacation without the Foreign Office declaring travel unsafe, this may be considered a “reluctance to travel.”

As a result, you may be required to pay a cancellation fee or forgo part or all of the price of your flight or vacation package.

However, it should be noted that Irish tour operators have a history of assisting customers affected by extraordinary events, so it is always worth a call.

Where can I find more information?

For detailed information on your passenger rights in the event of cancellation, delay, downgrading and denied boarding, please visit the Irish Aviation Authority website, iaa.ie.

NB: This article has been updated and republished.