Aer Arann flight cancellation - what rights ?

mkc · 16 Aug 2006

I had booked an Aer Arann flight for next Feb from Galway to Cardiff. Aer Arann just contacted me to say they have cancelled the flight.
They are offering me a refund for that leg of the journey. I have requested to be re-routed but they are saying no. Terms and conditions of booking in relation to cancellations detailed below. Am I within my rights to have them re-route me rather than refund the money ???

6.2 CANCELLATIONS.
If we cancel a flight we will endeavour to contact you in advance (via phone or email or sms) through the contact details presented to the airline or authorized agent at the time of booking. We shall act in accordance with the Montreal Convention and EC regulation 261/2004 and except as otherwise provided therein and subject to Article 6.2.4, we shall at your option;
6.2.1 carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your ticket or
6.2.2 within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another Carrier, or by other mutually agreed means and class of transportation without additional charge or
6.2.3 make a refund in accordance with the provisions of Article 9.
6.2.4 When a flight is cancelled the options outlined in Article 6.2.1 through to 6.2.3 are the sole and exclusive remedies available to you and we shall have no further liability to you. Notwithstanding the foregoing, we shall not be liable to you for any loss or damage occasioned by such cancellation and the remedies mentioned in Article 6.2.1 through to 6.2.3 will be available to you at our discretion, if we have taken all reasonably necessary measures to avoid the damage or it was impossible for us to take such measures.

ClubMan · 17 Aug 2006

Don't know the answer but [broken link removed] also has some useful summary information about EU consumer protection in this context. If you want the letter of the law (European Regulation 261/2004) then you can find it [broken link removed]. A Google search for the regulation will throw up some other useful info. The legislation seems to suggest that you should have a choice of a refund or being re-routed but you don't seem to be getting any choice in the matter.

On the one hand I suppose it probably makes sense to deal with such inconveniences as pragmatically as possible (e.g. if a refund would not leave you seriously discommoded then it might be as well to take it). On the other hand my cantankerous side (believe it or no I have one ) inclines me to pursue matters such as this doggedly especially with airlines and tour operators some of whom seem to think that they can get away with all sorts of shenanigans with their customers. I say this as somebody who has in the past had problems with two package holiday tour operators who eventually refunded 40% (Concorde Travel - documented elsewhere) and 15% (Sunway) of the cost of the packages on foot of (legitimate and not frivilous) complaints on my part.

Just curious - did they say why they were cancelling so far in advance? Are they cancelling the route or something?

Eurofan · 17 Aug 2006

Too tired to pull up the exact part but if the airline cancel at least two weeks before the due date it is their discretion to offer refund or reroute. You are therefore not within your rights to demand a reroute rather than refund since it is over 5 months away (very reasonable time in my opinion).

mkc · 17 Aug 2006

They route only started up in May. I was told that they have now decided that it will be a seasonal route and and so have cancelled the Feb flight.
My option now is to fly out on Friday, Galway -> Dublin, Dublin -> Cardiff which is much more expensive now than it was when I booked the flights originally back on May 3rd.
To rile me even more Aer Arann had a big spread on the local newspaper released only yesterday advertising a seat sale on a number of routes including the Galway -> Cardiff route - travel valid up to the end of March 2007 !!

ClubMan · 17 Aug 2006

Keep the advertisement in case you need it as evidence for your "case".

Humpback · 17 Aug 2006

Just be thankful you weren't flying from Bristol to Cork with Aer Arann last Sunday. Flight was due to leave at 4.10pm, and by the time I flew out of Bristol at 11.30pm myself, they were still waiting.

The passengers had been told the plane had broken down, and that Aer Arann had decided not to fix it. But hadn't yet decided on whether or not they'd send a replacement plane. That's some customer service.

I wouldn't hold your breath with them.

Eurofan · 17 Aug 2006

ClubMan said:
Keep the advertisement in case you need it as evidence for your "case".

He doesn't have a case... or a "case". The relevant part of the regulation:

Article 5. Cancellation 1. In the case of the cancellation of a flight the passengers concerned shall; (c)have the right to compensation by the operating air carrier in accordance with article 7, unless; (i)they are informed of the cancellation at least two weeks before the scheduled time of departure.

ClubMan · 17 Aug 2006

[broken link removed]

Bolding is mine:

Article 5
Cancellation
1. In case of cancellation of a flight, the passengers
concerned shall:
(a) be offered assistance by the operating air carrier in accordance
with Article 8; and
(b) be offered assistance by the operating air carrier in accordance
with Article 9(1)(a) and 9(2), as well as, in event of rerouting
when the reasonably expected time of departure of
the new flight is at least the day after the departure as it
was planned for the cancelled flight, the assistance specified
in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier
in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two
weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two
weeks and seven days before the scheduled time of
departure and are offered re-routing, allowing them to
depart no more than two hours before the scheduled
time of departure and to reach their final destination
less than four hours after the scheduled time of arrival;
or
(iii) they are informed of the cancellation less than seven
days before the scheduled time of departure and are
offered re-routing, allowing them to depart no more
than one hour before the scheduled time of departure
and to reach their final destination less than two hours
after the scheduled time of arrival.
2. When passengers are informed of the cancellation, an
explanation shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay
compensation in accordance with Article 7, if it can prove that
the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable
measures had been taken.
4. The burden of proof concerning the questions as to
whether and when the passenger has been informed of the
cancellation of the flight shall rest with the operating air
carrier.

I can't see that 5.(c).(i) necessarily overrides 5.(a).

Article 8
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall
be offered the choice between:
(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
— a return flight to the first point of departure, at the
earliest opportunity;
(b) re-routing, under comparable transport conditions, to their
final destination at the earliest opportunity;
(c) re-routing, under comparable transport conditions, to their
final destination at a later date at the passenger's convenience,
subject to availability of seats.
2. Paragraph 1(a) shall also apply to passengers whose
flights form part of a package, except for the right to reimbursement
where such right arises under Directive 90/314/EEC.
3. When, in the case where a town, city or region is served
by several airports, an operating air carrier offers a passenger a
flight to an airport alternative to that for which the booking
was made, the operating air carrier shall bear the cost of transferring
the passenger from that alternative airport either to that
for which the booking was made, or to another close-by destination
agreed with the passenger.

mkc · 21 Aug 2006

We got on to the Commission for Aviation Regulation whom were very helpful. They told us to send the details on to them and they would follow up with Aer Arann. The reckoned we had a case. As the flight had been cancelled we should have the choice between getting our money back or to be re-routed. Got back on to Aer Arann to tell them this before sending all the details on tot he Commission for Aviation Regulation. Within a couple of hours we had all been re-booked on the Friday flights at no extra charge.

ClubMan · 21 Aug 2006

mkc said:
Within a couple of hours we had all been re-booked on the Friday flights at no extra charge.

Interesting. Well done! Which flights were you booked on? With another airline or something?

mkc · 21 Aug 2006

Cheers. Same Airline but rather than going Galway -> Cardiff direct on Sat Feb 3rd we are now going Galway -> Dublin, Dublin -> Cardiff on Fri Feb 2nd.

ClubMan · 21 Aug 2006

Does Eurofan still think that you didn't have a case?

Eurofan · 21 Aug 2006

Technically yes, but i give kudos to mkc. Suffice it to say i worked in the industry for a number of years and the interpetation i gave was the correct one. Aer Arann were well within their rights to offer just the refund but i'd point out they are rerouting on their own flights and hence not incurring much extra cost (good customer service). They would not have been obliged to pay for a reroute on another carrier. I stand over that.

ClubMan · 21 Aug 2006

Eurofan said:
Technically yes, but i give kudos to mkc. Suffice it to say i worked in the industry for a number of years and the interpetation i gave was the correct one. Aer Arann were well within their rights to offer just the refund but i'd point out they are rerouting on their own flights and hence not incurring much extra cost (good customer service). They would not have been obliged to pay for a reroute on another carrier. I stand over that.

You haven't explained how it contradicts the extract that I posted which suggests that the either/or refund/reroute option should indeed have applied in this case. The clause that you mentioned does not obviously override the clauses that I posted.

mkc · 22 Aug 2006

Eurofan you are right in the sense that I did not have a case for "compensation". I wasn't looking for compensation I just wanted to get from Galway to Cardiff.
With regard to having a case for being re-routed the Commission for Aviation Regulation were willing to pursue the case with Aer Arann. That would led me to believe that they reckoned I was within my rights looking for the re-route.

Aer Arann flight cancellation - what rights ?

mkc

Registered User

ClubMan

Registered User

Eurofan

Registered User

mkc

Registered User

ClubMan

Registered User

Humpback

Registered User

Eurofan

Registered User

ClubMan

Registered User

mkc

Registered User

ClubMan

Registered User

mkc

Registered User

ClubMan

Registered User

Eurofan

Registered User

ClubMan

Registered User

mkc

Registered User

Aer Arann flight cancellation - what rights ?

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Registered User

Privacy & Transparency

Privacy & Transparency