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Aer Lingus industrial action: your rights in the event of flight cancellation or delay

When flights are canceled or delayed, passengers are entitled to reimbursement, rerouting, treatment and, in some cases, compensation.

So, what exactly are your rights if your flight is affected?

Passenger rights in the event of canceled or delayed flights are defined in EU Regulation 261/2014.

How do I know if my flights are affected?

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

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

What are my rights if my flight is canceled?

If your flight is canceled for any reason, and regardless of when you are informed, your airline must offer you the choice between:

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

What are my rights if my flight is canceled?

How do I arrange a re-routing or refund?

In the event of a cancellation or delay, airlines are required to inform passengers of their options. If this happens at the airport, staff should be available to explain the different scenarios to you. Otherwise, you will receive an email or SMS to the contact details attached to your reservation.

You can also check your carrier’s website (Aer Lingus and Ryanair). It should include steps for processing your own refunds or reservations (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 agent must contact you or be your source of contact.

Am I entitled to care and assistance?

If your flight is canceled and you choose to be re-routed as soon as possible, you are entitled to meals and refreshments, hotel accommodation and transfers between the airport and the hotel, as required.

If the airline doesn’t provide them and you end up paying yourself, keep the receipts: you are entitled to reimbursement for reasonable expenses.

NB. A five-star hotel may not be a reasonable expense!

Keep in mind that if your flight is canceled and you choose a full refund, the airline’s obligations to you end there.

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

And my accommodation?

An airline is not responsible for any missed accommodation, event or other consequence of a delay or cancellation – for the flight only. However, if you have booked a package holiday through a travel agency or tour operator, you may be in a better position to rearrange or reschedule your accommodation. Adding trip interruption coverage to your travel insurance policy (well in advance of travel) can also provide additional coverage for expenses and accommodation (see below).

Am I entitled to compensation?

Financial compensation depends on the duration of the flight and the reason for cancellation. It differs from the collection and re-routing/reimbursement obligations that must be offered (as noted above), and generally ranges from €250 (short-haul, less than 1,500 km) to €600 (long-haul, more than 3,500 km).

You are not entitled to compensation if the airline gives you two weeks or more notice of cancellation.

However, you may be entitled to compensation if you receive seven days to two weeks’ notice and your arrival time is later than four hours on the reroute, or if you receive less than seven days’ notice and your arrival time is after two o’clock. hours on rerouting.

If the air carrier can prove that the cancellation was due to extraordinary circumstances, you may not be entitled to compensation. However, you still need to get a refund or re-routing.

Is a strike an extraordinary circumstance?

That’s the six million dollar question!

Airlines may or may not claim that they are not, depending on the circumstances. For example, French air traffic control strikes are external and are therefore generally classified as extraordinary and beyond the control of an airline.

In the event of an internal strike, “industrial action taken by airline staff is considered to be within their control”, according to the Irish Aviation Authority.

Claims are assessed on a case-by-case basis – so if you think you have a solid one, go ahead and make it.

Bad weather is generally considered an extraordinary circumstance.

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How to request compensation?

Compensation claims are never assessed or resolved at the airport. If you believe you are owed compensation, the first step is to officially contact the air carrier. If you are not satisfied with their response, you can then contact the national law enforcement agency – which in most cases for Irish passengers is the Aviation Regulatory Commission (01 661- 1700; iaa.ie).

If my outbound flight is canceled, what happens to my return flight?

If a flight is not subject to disruption, technically you are not entitled to any care or compensation. However, airlines tend to take a logical view and normally work with passengers to refund or reschedule impacted flights. If you booked through a travel agency or tour operator, you should receive help from them.

What should I do if my flight is delayed?

If your flight is delayed by more than five hours and you choose not to travel, you are entitled to a full refund. If you accept this refund, the airline is no longer obligated to provide you with further travel or assistance.

If your flight is delayed by at least two hours (short-haul), three hours (European) or four hours (long-haul), you are entitled to the care and assistance 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, depending on the distance of the flight.

How can my travel insurance help me?

In the event of a flight cancellation, the first source of refund and re-routing should be with your airline (see above).

Standard travel insurance policies don’t offer much help here, but “missed departure” coverage can help you secure a new flight or an extra night’s accommodation.

If your policy includes additional ‘travel disruption’ cover, you should be covered for additional transport or accommodation costs of around €1,000 per person.

This covers most flight cancellation scenarios due to weather, strikes, etc., but note that it only covers expenses related to transportation and accommodation – i.e. 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?

Travel Disruption coverage can be added to a policy retrospectively, but not to claim for an event that has already occurred (or anticipated).

There may also be a moratorium on travel disruption from the time you take out the insurance until the time you are covered (e.g. seven days) – however, ‘missed departure’ cover should still apply .

What happens if my baggage is delayed or lost?

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

Some airlines offer a per diem allowance for delayed baggage, so it’s worth asking about this. Compensation for lost or delayed baggage is limited under the Convention to 1,000 SDR (approximately €1,230 at current conversion rates).

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

While you wait for your bag, keep receipts for any essential items you need to purchase. Most bags will eventually be delivered, but bags are considered lost 21 days after their scheduled arrival.

After the delay, you may wish to make a claim against your travel insurance or the airline’s liability via their reporting procedures – Ryanair’s information is here and Aer Lingus’s here.

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

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

Ryanair passengers. Photo: Getty

I’m nervous about traveling. Can I get a refund?

No. If you cancel your holiday without the Foreign Office declaring your trip unsafe, this could be considered ‘travel reluctance’.

As such, you may be required to pay cancellation fees or forfeit all or part of the cost of your airfare or vacation package.

That said, it’s worth noting that Irish tour operators have worked in the past to help customers affected by exceptional events, so it’s always worth a call.

Where can I find more information?

For full details of your air passenger rights in the event of cancellation, delay, downgrade and denied boarding, see the Irish Aviation Authority website, iaa.ie.

NB: This article has been updated and republished.