Airline is not obliged to offer flight redress

AER LINGUS passengers who rearranged or cancelled flights because of the threat of industrial action have been urged by a leading…

AER LINGUS passengers who rearranged or cancelled flights because of the threat of industrial action have been urged by a leading consumer group to contact the airline to seek reimbursement of expense incurred as a result of the changes.

However, the airline regulator has warned that the company is under no obligation to offer financial redress of any kind to passengers because no flights were actually cancelled.

The threat of industrial action at the airline was lifted on Monday morning following all-night talks at the Labour Relations Commission, but more than 3,000 Aer Lingus passengers had already rebooked flights or cancelled trips.

Consumers Association of Ireland chief executive Dermott Jewell said yesterday that many consumers would end up out of pocket as a result of having had to make changes.

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While Aer Lingus had allowed passengers intending to travel yesterday make alternative bookings on different days at no additional cost, Mr Jewell said many would have felt they had no option but to book with alternate carriers at higher costs while others would have lost out on pre-booked hotel accommodation and car hire.

“Arguably, they have a case to be compensated for any losses incurred. People in this situation should contact the airline and make their case,” he said.

“That said, we would not be holding our breath that they will get the proper financial redress.”

He said while the association was not blaming the airline for the problems, they were still very real and would cost consumers money through no fault of their own.

“No one has done anything wrong here but by trying to do the right thing and by taking the advice of the airline and making alternative arrangements, there will be consumers who are left out of pocket,” he said.

The Commission for Aviation Regulation confirmed that because all Aer Lingus flights went ahead as scheduled yesterday, its regulations covering compensation and reimbursements did not apply.

“If the flights were not cancelled, then the regulations can not be invoked so Aer Lingus is not obliged to offer affected passengers anything,” a spokeswoman said. “Ultimately, it was up to passengers and if they decided to change their flights then that was their choice.”

Aer Lingus last night again apologised to customers for the inconvenience caused by the uncertainty over its scheduled operations but was unable to say what if any measures it would be prepared to offer to offset the costs incurred by some of its passengers. It said those due to travel between yesterday and Friday whose flights were potentially affected by the threatened industrial action had been given the option to change their bookings online, free of charge, while those who wished to cancel their bookings could avail of a full refund.

“Once the threat of industrial action was removed, customers who had already changed bookings to another date were able to change back to their original planned date of travel, if they wished, at no additional cost,” the company said.

Ryanair said yesterday it had seen a surge of bookings last Friday at a point when the industrial action looked inevitable.

“We saw an increase of 25 per cent on close-in bookings but we suspect that most of those were first-time bookings made by people reluctant to book with Aer Lingus because of the threat of industrial action,” said the airline’s communications spokesman, Stephen McNamara.

Conor Pope

Conor Pope

Conor Pope is Consumer Affairs Correspondent, Pricewatch Editor