FLIGHT CANCELLATION - WHAT ARE MY LEGAL RIGHTS AND ENTITLEMENTS?

I recently acted for a client who had booked a flight for himself and his two young children from Berlin SFX to Dublin. It was Christmas Eve and my client was traveling home to Ireland for the festivities. However, at 16:00 about two hours before his flight was about to depart, the Airline announced that the flight had been cancelled. My client received different and varying accounts as regards the reason for the cancellation and as a result he was caused to acquire both his and his young children’s meals, refreshments, accommodation, transport between the airport and place of accommodation and arrange and pay for an alternative flight to Dublin with a different airline. When my client wrote to the airline in question seeking a reimbursement for the costs he incurred, he was informed that the airline 

“does not accept liability for costs incurred if a customer makes alternative travel arrangements”. 

The contract between the airline in question and my client was governed by Regulation (EC) No. 261/2004 as given full effect by SI 274/2005 (The European Communities Compensation & Assistance to Air Passengers)(Denied Boarding, Cancellation or Long Delay of Flights) Regulations, 2005). Most airlines are bound by this Regulation but unfortunately too few passengers are aware of the existence of this Regulation. 

When a consumer purchases an airline flight ticket, a contract is created between the airline and the consumer passenger. Not everyone is aware, but there is also an “implied term” of the contract (pursuant to Regulation (EC) No. 261/2004 as given effect by SI 274/2005) that in the case of a cancellation of the flight, the consumer passenger is entitled to compensation in accordance with Article 5 1 (c) and Article 7 of the Regulation and a Right of Care pursuant to Article 9 of the Regulation.

I advised my client of his full legal rights and advised him that the airline was in breach of contract as it was refusing to pay and to provide my client with all the compensation he was entitled to in accordance with Article 5 1(c ) and Article 7 of the Regulation and a Right of Care pursuant to Article 9 of the Regulation. By compensation, I mean monetary compensation for inconvenience in accordance with Articles 5 and 7 of Regulation 261/2005. Not only was my client entitled to monetary compensation but so too were each of his children. My client was also entitled to compensation in respect of re-route expense, public transport expenses, phone calls, faxes and of course entertainment costs. I advised my client that he could seek to enforce his legal rights in the District Court.

If you would like more information on this article or have a query please feel free to contact catriona@brophysolicitors.ie

Brophy Solicitors