How to get your money back from the airlines, with
CONOR POPE
I was stranded overseas because of the ash cloud, what am I entitled to?
The rights of consumers stranded as a result of the volcanic ash cloud which shut much of Europe's airspace for nearly a week are crystal clear. Under EU Regulation 261 airlines have to offer passengers affected by flight cancellations a full refund or a rerouting on the next available flight.
If a passenger chooses a refund then the airline's responsibility to them ends immediately. If, however, they choose to be put on the next available flight the rules explicitly state that airlines are obliged to provide accommodation and refreshment until the passenger can be accommodated on an alternative flight.
But Ryanair said it wasn't going to pay these expenses?
Michael O'Leary had a change of heart yesterday morning and confirmed that the airline would reimburse affected passengers. In reality he had little choice as the penalties for non-compliance with the regulations are very harsh.
So I am entitled to compensation then?
No. Passengers can only seek compensation if the cancellations are the fault of the airlines. Because flights were cancelled as a result of an "act of God", no one is entitled to any compensation. Any money reimbursed to affected passengers is to cover "reasonable" expenses incurred as a result of the cancellation and nothing else.
Who decides what's reasonable?
Ultimately it will be aviation regulators across the EU who determine what amounts to reasonable expenses. People who checked into five-star hotels in exotic locations are likely to be given short shrift by both the airlines and the regulator unless they can prove that no more modest accommodation was available. Similarly, while airlines are liable to cover food and refreshments, they are not obliged to pay for lavish four-course meals and substantial quantities of alcohol consumed while waiting for a flight home.
How do I go about claiming back the expenses incurred?
In the first instance, passengers should send copies of all relevant receipts to the airlines on which they booked flights. Submissions should also include booking references, passenger names, original flight details and new flight details.
How long will I have to wait to get my money back?
It is very difficult to say how long affected passengers will have to wait as the situation is unprecedented and all airlines will have an enormous amount of claims to process in the weeks ahead. However, if an airline has not made at least an initial response to your submission within a reasonable time - 15 working days - you should contact the aviation regulator in the country where you were stranded and send copies of all relevant receipts along with booking references, passenger names, original flight details and new flight details.
But I was stranded in Poland, how am I supposed to know how to contact the Polish regulator?
It is unfortunate that Irish people cannot deal directly with the Irish Commission for Aviation Regulation no matter where they found themselves stranded. Under EU regulations the commission can only process complaints concerning flights scheduled to depart from Irish airports or complaints which arise from arrivals into Irish airports from third countries on air carriers licensed within the EU. The Irish regulator has made it clear that it will reroute all complaints sent from Irish passengers to the relevant authorities across the EU.
I waited three days in Milan for the cloud to clear before giving up and taking a bus and ferry home at considerable personal expense. What are my entitlements?
Unfortunately because you did not go for the rerouting option you effectively broke your contract with the airline that you had your booking with so they have no obligation to cover any of the expenses you incurred while getting home. They are, however, still obliged to provide a refund of the cost of the flight ticket.
My package holiday was cancelled because of the flight chaos. Can I get my money back?
Yes; tour operators can cancel packages due to factors beyond their control but must offer a refund or replacement holiday.
I put together a DIY holiday and paid in advance for hotel accommodation and car rental. Can I get my money back?
Unfortunately the answer is quite probably no. It does depend on the cancellation policies of individual car-hire firms and hotels but the chances of recouping money lost in such circumstances is generally considered slim.
Can I claim back these costs or those associated with getting home through my travel insurance?
Probably not. The vast majority of travel insurance policies have an act of God get-out clause and because this is how the ash cloud is being viewed insurance payouts are very unlikely. It is, however, worth checking the terms and conditions just in case some cover is provided for circumstances such as these.
How much is it going to cost the airlines?
All told the crisis looks set to cost the global airline industry about €1.3 billion. Aer Lingus is set to lose between €15 and €20 million, while Ryanair has said the cost of the cancellations will knock €42 million off its profits at the end of the year.