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Storm Sandy Flights Cancelled - Refund?

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  • 06-11-2012 1:00pm
    #1
    pauljb
    Registered Users Posts: 6 ✭


    Hi,

    Hoping someone can shed some light on this.

    Our flights from New York were cancelled last week by Aer Lingus due to Storm Sandy. The earliest flight we could get was yesterday which meant we had to stay at out hotel for an extra four nights, costing us an additional €1500 on accommodation alone.

    We spoke to Aer Lingus helpdesk at the airport and were told we would have to write for a refund etc but were pretty vague about the whole thing.

    Any thoughts would be appreciated.


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    #2
    JimsAlterEgo
    Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    do you want aerlingus to refund the hotel? not a chance thats what travel insurance is for


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    #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    It's very complicated involving various area of law and international conventions. If you apply a pub lawyer analysis to this then you wouldn't be due anything (including a refund from Aer Lingus) due to the Contract being frustrated.

    You have two options really - write to Aer Lingus as requested and see what they say or engage a solicitor (or hope someone on here is an avaition law expert). I'd write in and go from there. In all honesty this sort of thing should be in the realm of travel insurance but I don't know for sure so won't commit myself there.


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    #4
    pauljb
    Registered Users Posts: 6 ✭pauljb


    Tina Leonard (Consumer Rights Expert) had a slot on Pat Kenny recently about reimbursement for cancelled flights etc. Under EU Law it seems the airline are obliged to reimburse expenses such as accommodation etc.

    Sent the letter to Aer Lingus so fingers crossed I get sorted.


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    #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    pauljb wrote: »
    Tina Leonard (Consumer Rights Expert) had a slot on Pat Kenny recently about reimbursement for cancelled flights etc. Under EU Law it seems the airline are obliged to reimburse expenses such as accommodation etc.

    Sent the letter to Aer Lingus so fingers crossed I get sorted.

    The compensation they have to pay when they cancel due to their own fault is pretty hefty but did she specifically refer to the type of situation refered to by the OP? (Genuine question.)


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    #6
    pauljb
    Registered Users Posts: 6 ✭pauljb


    Procrastastudy wrote: »
    The compensation they have to pay when they cancel due to their own fault is pretty hefty but did she specifically refer to the type of situation refered to by the OP? (Genuine question.)

    Not sure but her slot was based on events during & after sandy


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    #7
    acorn1702
    Registered Users Posts: 62 ✭✭acorn1702


    pauljb wrote: »
    Tina Leonard (Consumer Rights Expert) had a slot on Pat Kenny recently about reimbursement for cancelled flights etc. Under EU Law it seems the airline are obliged to reimburse expenses such as accommodation etc.

    Sent the letter to Aer Lingus so fingers crossed I get sorted.

    Aerlingus Legal Cancellation Policy

    Exception:
    Section IV.5
    we can prove that the cancellation is caused by extraordinary
    circumstances which could not have been avoided even if all reasonable
    measures had been taken.

    I think this exception removes liability for Acts of God.

    However they will most likely refund your ticket/reimburse you for other flight or what have you.


    Edit: If they had themselves caused the delay or cancellation you would not only be entitled to reimbursement but also compensation due to a breach of contract.


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    #8
    RangeR
    Registered Users Posts: 7,265 ✭✭✭RangeR


    acorn1702 wrote: »
    Aerlingus Legal Cancellation Policy

    Exception:
    Section IV.5

    I think this exception removes liability for Acts of God.

    However they will most likely refund your ticket/reimburse you for other flight or what have you.


    Edit: If they had themselves caused the delay or cancellation you would not only be entitled to reimbursement but also compensation due to a breach of contract.


    Shirley :eek: it can be argued that this is not an extraordinary case as USA gets hit by these storms multiple times a year. Don't they call it "Hurricane Season" over there?


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    #9
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Okay I'll bite :D

    Don't call me Shirley!


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    #10
    acorn1702
    Registered Users Posts: 62 ✭✭acorn1702


    RangeR wrote: »
    Shirley :eek: it can be argued that this is not an extraordinary case as USA gets hit by these storms multiple times a year. Don't they call it "Hurricane Season" over there?

    That may be so, but I don't see what your point is? The airline company does everything in it's power to operate the flights, the airport dictates when it is safe to fly.

    It could also be argued that the passengers were aware of the hurricane and it would be reasonable for them to suspect that their might be delays cancellations as a result. There can't be any legal liability because the contract was frustrated, not breached. It could be argued by both sides that the other should have foreseen the hurricane but I believe the airline company would win.


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    #11
    Del2005
    Registered Users Posts: 18,915 ✭✭✭✭Del2005


    acorn1702 wrote: »
    Aerlingus Legal Cancellation Policy

    Exception:
    Section IV.5

    I think this exception removes liability for Acts of God.

    However they will most likely refund your ticket/reimburse you for other flight or what have you.


    Edit: If they had themselves caused the delay or cancellation you would not only be entitled to reimbursement but also compensation due to a breach of contract.

    When the volcano went off in Iceland all the airlines had to cover costs. MOL was complaining about it at the time.


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    #12
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Del2005 wrote: »
    When the volcano went off in Iceland all the airlines had to cover costs. MOL was complaining about it at the time.

    For once he had a point. This sort of thing belongs in the realm of insurance.


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    #13
    JimsAlterEgo
    Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    isnt the OP looking for compensation for the hotel bills they incurred not for the flights


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    #14
    Liam O
    Registered Users Posts: 19,081 ✭✭✭✭Liam O


    €1500 for 4 nights? Yet it's the airline you have a problem with?


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    #15
    pauljb
    Registered Users Posts: 6 ✭pauljb


    Liam O wrote: »
    €1500 for 4 nights? Yet it's the airline you have a problem with?


    1500 dollars that is. The New York Marathon was on the Sunday so prices went sky high..


    Our scheduled flight from New York to Dublin on Wednesday 31st October 2012 was cancelled by Aer Lingus due to the after effects of Storm Sandy.

    Our only option was to wait for the next available flight in which we were told would be on Sunday 4th November 2012.

    As a result of this we had no choice but to stay in hotel accommodation for an additional four nights.

    From my reading of the EU legislation (EC Reg 261/04), an airline is obliged to provide us with care and assistance.

    Ie Hotel Accommodation


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    #16
    daheff
    Registered Users Posts: 5,839 ✭✭✭daheff


    pauljb wrote: »

    From my reading of the EU legislation (EC Reg 261/04), an airline is obliged to provide us with care and assistance.

    Ie Hotel Accommodation


    Did you specifically request them to do this? If it was, was it refused or declined? If so I don't think you have any claim for the hotel bill...sorry :(


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    #17
    slave1
    Moderators, Sports Moderators Posts: 18,746 Mod ✭✭✭✭slave1


    pauljb wrote: »
    Hi,

    Hoping someone can shed some light on this.

    Our flights from New York were cancelled last week by Aer Lingus due to Storm Sandy. The earliest flight we could get was yesterday which meant we had to stay at out hotel for an extra four nights, costing us an additional €1500 on accommodation alone.

    We spoke to Aer Lingus helpdesk at the airport and were told we would have to write for a refund etc but were pretty vague about the whole thing.

    Any thoughts would be appreciated.

    At two or three hundred yo yo's an internet forum is where I'd look for advice but at €1500+ then off to a solicitor straight away if you do not have the proper travel insurance.

    My stuff for sale on Adverts inc. outdoor furniture, roof box and EDDI

    My Active Ads (adverts.ie)



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    #18
    pauljb
    Registered Users Posts: 6 ✭pauljb


    Hey ,

    Just to let you guys know I sent a letter to Aer Lingus maybe a month ago, no reply, Followed up with another letter last week and got a cheque in the post today to cover my additional expenses!

    Happy days


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    #19
    daheff
    Registered Users Posts: 5,839 ✭✭✭daheff


    pauljb wrote: »
    Hey ,

    Just to let you guys know I sent a letter to Aer Lingus maybe a month ago, no reply, Followed up with another letter last week and got a cheque in the post today to cover my additional expenses!

    Happy days


    Well done on the perseverance. Maybe thats the lesson that we should all learn...keep at them and they'll cave in! Personally i didnt think you had a hope..but well done you:D


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