David Gibbons was a very angry man. Having arrived in Beauvais airport, outside Paris, last Monday at 1.45 p.m., he found a large queue of people. His Ryanair flight had been cancelled because of bad weather.
As well as the long queue, there was an alternative express queue, he says, but this was offering people a refund on their tickets. Having paid just £5 for his return flight, he didn't get into the queue for the £2.50 refund he would have been due.
The priority seemed to be to persuade people to take a refund. Refunds were dealt with immediately and Ryanair provided free buses to Paris.
Instead, he waited in the longer queue while standby lists were drawn up and redrawn.
"The accommodation we were offered for the night was in a hangar in the airport with beds like army cots and no showers. Anybody with any money went into Beauvais. I got a two-star hotel for £30 and paid £10 on taxis."
He acknowledges he only paid £5 for his ticket but says many of the people there had paid far more. Ryanair's customer care was appalling, he says.
Eventually, he says they pushed ground staff to give them a roll and a thimbleful of tea.
Mr Gibbons was just one of 264 Irish passengers stranded in Beauvais airport, last Monday. Most were dismayed to find they had two options - go hungry or pay over their remaining francs for the airport restaurant. Those without francs or a credit card had no choice.
Initially told they might be delayed for days, hungry passengers were even more upset to find they would have to pay for their overnight accommodation. In the event, many spent Monday night on stretchers in an airport hangar.
The airline's chief executive, Mr Michael O'Leary was unrepentant on RTE's Morning Ireland last Tuesday.
"No, we don't provide accommodation for people if their flight is cancelled. It's not part of our service. It's unreasonable of passengers to turn up at the airport and expect to be provided with a free cup of tea," he said. The weather prohibited flying. People got an apology and the airport restaurant was open, he said. The airline chartered an aircraft and all passengers were flown home on Tuesday.
Contacted by The Irish Times later in the week, Ryanair said it did not wish to add to Mr O'Leary's radio comments.
While he may have been criticised for his remarks, particularly by the stranded passengers, Mr O'Leary is correct within the letter of the law.
Air passenger rights are very limited at present. Passengers can find themselves in vulnerable situations if a flight is cancelled due to bad weather or strikes, according to a spokeswoman for the European Consumer Centre.
At present, rights are conferred under the (1929) Warsaw Convention and the airline is only obliged to get delayed passengers to their destination. The airline may also be liable for damage caused by delay - but there is a catch. If the airline can prove it did all it could reasonably do, it is not liable for damages, says the spokeswoman.
There are defined rights if a passenger is denied boarding in an EU airport due to overbooking. These include meals and accommodation as well as a telephone call and a minimum cash compensation, depending on the length of the flight and the length of the delay.
The European Consumer Centre's spokeswoman says on passenger delays: "You have your insurance. There's a certain amount you may be able to claim, possibly up to £60. If you booked with a credit card, there may be some travel insurance to be claimed back." The airline has a duty of care to passengers and civil law remedies are also open, she says.
A survey of the customer care policy of three airlines operating in Ireland found significant differences in customer-care policies. In the event of delays of more than two hours, Aer Lingus will offer meals and refreshments to customers. Phone cards are also offered and rerouting is "considered" for passengers with connecting flights.
The survey, published in this month's Consumer Choice magazine, found that Air France may provide refreshment vouchers while Ryanair will not offer food, accommodation or vouchers. When there is a disruption to the schedule that is within the airline's control, Ryanair may re-accommodate passengers on other flights, subject to availability. Air France makes alternative travel arrangements for the consumer when a delay results in a connection being missed and if this involves an overnight stay, it provides hotel accommodation in most cases.
If customers' baggage is lost, mislaid or damaged on an international flight, the airline is liable. But the levels of compensation were set down by the Warsaw Convention and are relatively low by today's standards. A consumer is entitled to about £18 a kilo, up to a maximum of 23 kilos for checked luggage (economy class) if baggage is lost, delayed or missing for 24 hours.
If baggage is delayed for less than 24 hours, the airline's duty is not clearly set out but customers can expect some contribution for out-of-pocket expenses.
Consumer Choice found that Aer Lingus will deliver lost baggage (when found) to an address given by the passenger, free of charge. It will also give funds to replace toiletries and other important items in certain circumstances.
Air France said liability is limited by the Warsaw Convention. If luggage is found but its return is delayed, "Air France will contribute to the necessary and reasonable expenses incurred depending on the circumstances and the length of the delay". With Ryanair, passengers can claim for lost baggage subject to Ryanair's conditions of carriage. As this is currently a limited liability, Ryanair advises consumers to contact their insurance companies.
However, flying should be slightly less fraught in the future as new EU legislation is planned. Mr Stephen Brady, legal affairs correspondent with Consumer Choice, says EU airlines are free to operate in all member states. The European Commission has proposed new legislation and voluntary measures. The legislation, which will provide improved rights for delayed passengers, is expected to be enacted in 2002.
Meanwhile, misleading airline advertising, which does not include additional costs such as airport tax and passenger service charges, is soon to disappear under new Irish legislation proposed by the Minister for Consumer Affairs, Mr Tom Kitt.
For the present, if you fly with a cut-price airline, you should be prepared for cut-price service. All going well, a flight to Europe for £9.99 can hardly be bettered, even if you have to buy your own drink on board.
European Consumers Centre website: www.ecic.ie (guide to airline passenger rights)
Office of the Director of Consumer Affairs: www.odca.ie (consumers' rights and how to complain).