Aer Lingus cancelled my flight - compensation??

El Stuntman · 10-04-2006 7:09pm #1

Was due to fly out to NY today at 5.20pm with 4 others. We got to the airport and were told the flight was cancelled due to the plane being stuck in Malaga. They are now sending us on another flight at 9pm tomorrow.

I asked about compensation and was told we would get none.

Hopped on the web when i got home and found that under EC Regulation 261/2004, if a flight originating within the EU is cancelled less than 7 days before the scheduled time of departure and they do not re-route you within two hours of the scheduled time then you are allowed to claim compensation. The amount for flights over 3,500km is 600 euro per person.

Quite apart from the outrageous circumstances, does anyone have any practical experience of getting Aer Lingus to cough up? Seems to me to be fairly open and shut case but would love to hear from anyone else who this has happened to.

Thanks!

Victor · 10-04-2006 7:46pm

It might depend on why the plane was stuck in Malaga. I think its basicly down to did they have control over the delay.

If it was a flat tire it was in their control.

If hail stones damaged a flying surface, that was something outside their control.

El Stuntman · 10-04-2006 8:25pm

it was a technical fault with the place so was circumstances under their control. Just finished my letter to them - see below.

Aer Lingus Customer Care Unit
Aer Lingus Head Office
Dublin Airport
Ireland

10 April 2006

Re: compensation claim regarding cancellation of flight EI 109 on 10th April

Dear Sir/Madam,

We were due to fly to New York today on the above flight. There were 5 in our party travelling on three different tickets – enclosed. Booking references were 5AVLY2, 273NDS and

Aer Lingus cancelled this flight on April 10th with no prior warning.

We were told that we would be rerouted at 9pm on April 11th – i.e. a delay of 28 hours.

Under EC Regulation No 261/2004, I believe we are entitled to compensation from you as follows:

 The cancellation was due not due to circumstances beyond Aer Lingus’s control (a technical fault with your airplane)
 The flight was cancelled with less than 7 days notice.
 We were re-routed to a time that did not allow us to depart no more than one hour before the scheduled time of departure and to reach our final destination less than two hours after the scheduled time of arrival.

The Regulation is very clear that this is a case where we have the right to claim compensation and we are duly doing so.

Under the Regulation, the compensation due for flights of more than 3,500km (such as this one) is 600 Euro per passenger.
I look forward to receiving a cheque for same amount from you made payable to each affected member of our party:

BuffyBot · 10-04-2006 11:14pm

it was a technical fault with the place so was circumstances under their control

Not nesscarily. Not all technical faults are within the control of the airline.

corktina · 11-04-2006 5:40pm

solicitors letter needs sending I reckon and add the cost to the compo......(did you have Insurance at all?)

Celticfire · 11-04-2006 6:00pm

Very interested in seeing what the outcome of this will be....

Bluetonic · 12-04-2006 8:45am

Twenty-three air passengers left stranded in Dublin
12/04/2006 - 08:12:19

Twenty-three Aer Lingus customers were reportedly left stranded at Dublin Airport last night because a plane due to bring them to New York was too small.

Reports this morning said the passengers were among 280 people due to fly to the US city on Monday, but were told their plane was stuck in Malaga due to technical difficulties.

A replacement plane was chartered for last night, but when it arrived, it was not big enough to accommodate everybody.

The 23 irate passengers left stranded by the move have reportedly been offered €1,200 in compensation and a reimbursement of their flight costs.

Fifteen of them are believed to have travelled to Heathrow this morning to board a direct flight to New York.

http://www.breakingnews.ie/2006/04/12/story253734.html

BendiBus · 12-04-2006 11:59am

corktina wrote:

solicitors letter needs sending I reckon and add the cost to the compo......(did you have Insurance at all?)

Now that would have been just a bit premature, would it not? I'm guessing you're one of those hilarious nuisance passengers you see on those airline/airport docu-soaps? Throw a tantrum rather than sort it out calmly

Our man in Havana · 13-04-2006 12:35am

Plane being too small is deffo something within their control.

TempestSabre · 13-04-2006 1:04am

Bond-007 wrote:

Plane being too small is deffo something within their control.

I'd assume they tried to charter a bigger plane but there was nothing else available. They are not like hire cars.

Bluetonic · 13-04-2006 8:12am

Bond-007 wrote:

Plane being too small is deffo something within their control.

What a totally irrelevant comment. Those passangers affect by the replacement plane being too small have been offered compensation.

The original delay was casued by a set of factors outside Aer Lingus control and therefore noone is entitled to compensation.

parsi · 13-04-2006 12:51pm

I wouldn't particualrly mind if my city-break was curtailed and I ended up getting the flights for free and over a grand in compo...

El Stuntman · 02-05-2006 4:18pm

just so ye all know...

they paid us €1,200 each on the spot (600 for each cancelled flight - yes I was one of the oens who got cancelled twice!) and also refunded all flight costs (i.e. about another €500 each). so we basically got a free holiday on the back of the incompetence of AL

My advice to everyone is...know your rights under the EU Regs and be prepared to shout long and loud about them. As soon as we mentioned this to the senior AL guy on the ground, he caved in immediately!!

El Stuntman · 02-05-2006 4:19pm

Bluetonic wrote:

What a totally irrelevant comment. Those passangers affect by the replacement plane being too small have been offered compensation.

The original delay was casued by a set of factors outside Aer Lingus control and therefore noone is entitled to compensation.

Incorrect Blue esp. seeing as they paid up (twice!)

'technical fault' is within control of airline. Terrorist attack/snow etc etc is not

dowlingm · 02-05-2006 5:06pm

EI are playing a dangerous game, extending the 330s to NCE, AGP, DXB where normally they would sit in DUB or SNN for the day. Those 330s are tired from shuttling to and from SNN and EI don't have enough of them to lose one. The problem they have is that whereas a couple of years ago post-2001 you could have gotten an aircraft to sit in Dublin on a "power by the hour" basis the market is very tight now and everyone can make more money than PBTH would justify. Those new 330s can't arrive soon enough.

Bluetonic · 03-05-2006 8:57am

El Stuntman wrote:

Incorrect Blue esp. seeing as they paid up (twice!)

'technical fault' is within control of airline. Terrorist attack/snow etc etc is not

I'd be interested to see where they accepted full liability for the original 'technical fault'.

Good will, isn't the same as accepting liability, which I've heard was the case here from AL.

dmeehan · 03-05-2006 10:06am

my flight from SNN to BOS on Friday (29th April) was also cancelled
AL gave us dinner vouchers (friday & Saturday)and put us up in the Clare Inn for the night before hiring World Airways to fly us to Boston over 26 hours after the original cancelled flight.

slightly OT: the service provided by World Airways was farsuperior than that provided by Aer Lingus.

Our man in Havana · 03-05-2006 10:33am

World Airways? Are they the airline of choice for the CIA?

Traffic · 03-05-2006 5:06pm

They provide services for the U.S. Air Force Air Mobility Command aka troop transport

BuffyBot · 03-05-2006 5:48pm

World Airways? Are they the airline of choice for the CIA?

Not nessecarily. They are a US based charter outfit, that have provided Aer Lingus with services before (most notably when one of their aircraft spent an entire season operating for Aer Lingus in Aer Lingus colours on the transatlantic routes). Like most North American charter outfits, they get a lot of military work at the moment.

TempestSabre · 03-05-2006 9:10pm

El Stuntman wrote:

I....
'technical fault' is within control of airline. Terrorist attack/snow etc etc is not

I doubt that its possible to operate any aircraft with 100% serviceability, or have a backup aircraft for every flight.

Lennoxschips · 05-05-2006 1:08am

I can't afford to pay for my flights 100% of the time either, but I've never tried to use that as an excuse with Aer Lingus. "Sorry lads, the cheque comes in tomorrow, I swear! Ah go on, there's spare seats and all!"

TempestSabre · 05-05-2006 1:25am

Lennoxschips wrote:

I can't afford to pay for my flights 100% of the time either, but I've never tried to use that as an excuse with Aer Lingus. "Sorry lads, the cheque comes in tomorrow, I swear! Ah go on, there's spare seats and all!"

In english?

El Stuntman · 05-07-2006 4:42pm

an update for anyone who is interested

as already posted; they gave me my 1200 EU-mandated compensation in cash at the airport. Under law they had no choice here.

I also got a letter from their Duty Manager (Jim Rogers) saying they would refund all flight costs to my credit card (this on 11th April). Given that I had paid for 5 tickets costing over €2,500 I was greatly looking forward to seeing this on my c.c. statement!!

End of April rolled around and, surprise, no refund!

I wrote them a letter on 2 May reminding them they owed me this cash and enclosing a copy of the letter AL had given me.
No response.

Wrote another letter on 19 May in slightly less polite terms.
No response.

Wrote yet another letter on 26 June - no response as yet. I've said I'll take legal action if I don't get my refund by 31st July.

To me this is open and shut - they have admitted their liability in writing and are now ignoring me hoping that I'll go away!! I'm a prettty determined f$cker so this is not going to happen...surely though it should be easier than this??

Anyone else have similar problems with these bastardos? Small Claims Court looks good to force them to pay it over and I am actually looking forward to it at this stage...will happily invite along some journalists too

Bluetonic · 05-07-2006 4:50pm

I preusme all the letters you sent were registered post?

Our man in Havana · 05-07-2006 7:15pm

The complaints handling at Aer Lingus is nothing short of shambolic. I am not surprised in the slightest that you have had no reply from them. It was stated in one of the papers that it could take 12 weeks for a response to a letter. It was do bad that govt officals went out to Aer Lingus head office to see wtf was going on.

Good luck with the small claims court. Hope you get your case sorted soon.

dowlingm · 05-07-2006 8:54pm

Stuntman -

I would try these guys next
http://www.aviationreg.ie/

Ruu_Old · 05-07-2006 8:57pm

Aer Lingus cancelled the flight I was on from Chicago to Dublin, January '05 I think it was. There had been an accident with one of the planes in Dublin but at least they paid for the passengers hotels for the night and gave us food vouchers for the airport.

Bards · 05-07-2006 10:02pm

Get a solictor to write a "Solictors" letter and get Aer Lingus to pay for this as well. More than likely they will pay up upon receipt of this

Saruman · 05-07-2006 10:18pm

Ruu wrote:

Aer Lingus cancelled the flight I was on from Chicago to Dublin, January '05 I think it was. There had been an accident with one of the planes in Dublin but at least they paid for the passengers hotels for the night and gave us food vouchers for the airport.

Thats decent of them.. they are not bound by same rules as the flight did not begin in an EU country.

secret_squirrel · 05-07-2006 11:06pm

El Stuntman wrote:

Anyone else have similar problems with these bastardos? Small Claims Court looks good to force them to pay it over and I am actually looking forward to it at this stage...will happily invite along some journalists too

Its probably their very shambolic customer complaints department rather than any deliberate delaying tactics.

Address your letter to the Jim Rogders guy - being the duty manager he will be based at the Airport rather than a head office muppet.

Alternatively address it to the CEO Dermot Manion.

For maximum impact CC it to all the senior AL management names you can get.

Aer Lingus cancelled my flight - compensation??

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