CONSUMER RIGHTS:THOUSANDS OF stranded air travellers who are making their own way home by land and sea are set to lose out financially under the rules governing air passenger rights.
This is because by making their own travel arrangements they are effectively breaking their contract with the airline and releasing it from its legal duty of care, according to the Commission for Aviation Regulation.
So if, for example, passengers stayed in a hotel for two nights waiting for a flight, and then in desperation travelled home by another means, they are unlikely to qualify for reimbursement of their accommodation expenses.
CAR’s Patricia Barton advised all passengers who are currently stranded overseas because their flights are cancelled to keep receipts of the accommodation and food costs they are incurring.
When they return home, passengers are advised to send copies of the receipts to their airline, which is legally obliged under EU rules to reimburse all reasonable accommodation and food costs incurred.
If the passenger fails to obtain satisfaction from the airline, they are advised to contact CAR for assistance.
Passengers who have not yet travelled are entitled to re-routing or a refund of the cost of their ticket under the regulations on air passenger rights.
Ms Barton said the rules explicitly stated that airlines were legally obliged to provide accommodation and refreshment for stranded passengers. However, travellers need to return home using the same carrier to keep their rights alive.
In practice, many airlines have not arranged accommodation, because they are either unwilling or unable to do so. Others have sought to limit the period in which they will provide accommodation, which is not allowed under the EU rules.
The EU Commission has urged airlines and passengers to act reasonably given the scale of the shutdown, and says it recognises the difficulties carriers face in meeting the needs of passengers.
Ryanair said it put up passengers on up to 15 cancelled flights in Rome, Madrid and Paris in hotels but in the vast majority of cases, passengers had made their own arrangements. A spokesman advised travellers who incurred expenses as a result of a flight cancellation to keep receipts and submit them on return home.
Aer Lingus defended itself against complaints from frustrated customers who said they were unable to contact the airline to rebook their cancelled flights.
A number of posters to internet sites said they had been unable to contact the airline because the number provided was not answering. One man who was stranded in the US said he had spent $471 on phone calls trying to rearrange flights but was “no better off”. Others suggested the airline should give priority to passengers trying to get home, and should fly stranded passengers from the US to southern Europe as this was nearer Ireland.
However, the airline spokeswoman said phone lines had been manned continuously over the week but the number of calls was up 500 per cent on normal and extra staff had been drafted in to deal with the demand. Affected customers had been updated through SMS messages and the website was constantly updated.
Over 20,000 people had applied for a refund. She denied claims that the airline was hiking up prices for later in the week but added that cheaper seats were being booked up quickly because of the huge demand.