Community
Wiki Posts
Search

EU261 with Aer Lingus

Thread Tools
 
Search this Thread
 
Old Jun 29, 2014, 9:39 am
  #1  
Original Poster
 
Join Date: Oct 2013
Programs: BA Gold GGL
Posts: 1,068
EU261 with Aer Lingus

I was booked on EI3327 on Saturday MAN-DUB dep 1750 arrive 1900. The flight was due to be operated by Stobart Air.

To summarise, we eventually arrived at DUB at 2327, a delay of 4hr27.

No plane arrived for our flight. The next EI flight to DUB departed more or less on time at 1935. Some people from my flight were transferred onto it and it left full.

Those of us that weren't transferred had to wait for this plane to return to DUB and then come back to MAN to pick us up.

I'm wondering if anyone has experience of EU261 claims with Aer Lingus.

Depending on the reason for the delay, I think I have a claim. The pilot of our flight blamed 'technical issues'.

Do I contact Aer Lingus or Stobart Air?
Any advice appreciated.
Speedbird876 is offline  
Old Jun 29, 2014, 11:43 am
  #2  
 
Join Date: Jun 2006
Posts: 5,899
You write a letter to Aer Lingus Customer Care advising you are claiming under EU261.
DELLAS is offline  
Old Jun 29, 2014, 2:42 pm
  #3  
FlyerTalk Evangelist
 
Join Date: Feb 2009
Location: From ORK, live LCY
Programs: BA Silver, EI Silver, HH Gold, BW Gold, ABP, Seigneur des Horaires des Mucci
Posts: 14,214
The reliability on Aer Lingus Regional is decidedly patchy. You contact Aer Lingus and ask for €250.
stifle is offline  
Old Jun 30, 2014, 12:51 am
  #4  
R7U
 
Join Date: Aug 2013
Programs: TK Elite; HH Diamond; AA Plat; CC Gold
Posts: 310
Originally Posted by stifle
The reliability on Aer Lingus Regional is decidedly patchy. You contact Aer Lingus and ask for €250.
Yes, you should claim 250 EUR.
R7U is offline  
Old Jun 30, 2014, 1:06 pm
  #5  
 
Join Date: Sep 2010
Location: UK - BHD
Programs: BMI Diamond Club refugee: BA-Br; HH-D
Posts: 912
I made a similar claim late last year.
They were really resilient and refused to pay on grounds that the the mechanical failure was an unexpected flight safety shortcoming that was beyond their control.

I pushed it through the CAA who agreed with EI. Hence all technical failures may not be eligible for compensation!
diamond club freeloader is offline  
Old Aug 14, 2015, 4:17 am
  #6  
 
Join Date: Mar 2011
Location: New York, NY
Programs: AA ExPl, DL PM, UA Silver, Hyatt Globalist, Marriott Titanium, probably some others
Posts: 4,099
Not sure if I have an EU261 case, was hoping to get some advice. I booked two Avios tickets under separate PNRs, first BOS-DUB on EI, then DUB-LHR on BA, with a three-hour connection between the two. BOS-DUB went mechanical on the ground before takeoff and was delayed for three hours and 40 minutes; was supposed to arrive at 8 AM and instead is booked to arrive at 11:49 AM. My DUB-LHR flight leaves at 11:30 AM, so I will miss it and have to (hopefully) be protected/rebooked onto another flight.

Do I have a EU261 case? And would I file that with EI?
steveholt is offline  
Old Aug 14, 2015, 4:38 am
  #7  
FlyerTalk Evangelist
 
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,737
Are you talking about arriving at 11:49 today? Like, in 15 minutes' time? Are you on board the flight right now?

You may be entitled to compensation if you arrive more than 3 hours late. You should file the claim with Aer Lingus, as the operating carrier.

Given that you are on separate bookings, you are not protected. But, I am sure that BA will show some lenience and re-book you. Did you have luggage checked through? Do not leave DUB without figuring out with an EI and/or BA agent where your luggage is; if you are rebooked onto another flight, you will want to reconcile your luggage before you board that flight. Trust me - do that now, not when you finally get to London.
irishguy28 is online now  
Old Aug 14, 2015, 5:58 am
  #8  
 
Join Date: Mar 2011
Location: New York, NY
Programs: AA ExPl, DL PM, UA Silver, Hyatt Globalist, Marriott Titanium, probably some others
Posts: 4,099
Originally Posted by irishguy28
Are you talking about arriving at 11:49 today? Like, in 15 minutes' time? Are you on board the flight right now?

You may be entitled to compensation if you arrive more than 3 hours late. You should file the claim with Aer Lingus, as the operating carrier.

Given that you are on separate bookings, you are not protected. But, I am sure that BA will show some lenience and re-book you. Did you have luggage checked through? Do not leave DUB without figuring out with an EI and/or BA agent where your luggage is; if you are rebooked onto another flight, you will want to reconcile your luggage before you board that flight. Trust me - do that now, not when you finally get to London.
Thanks for the prompt reply. I went to the BA desk at DUB and it was incredibly unhelpful. Couldn't rebook me, told me that there was an hour wait to get through to the Executive Club, sent me downstairs to use the courtesy phones, which didn't work (and sent me up to the Swissport desk, who wouldn't let me use theirs), offered to sell me a cash ticket for 250EUR, and then when I figured that I would just buy a third ticket with Avios, sent me towards internet kiosks which simply did not exist.

I did not have luggage checked through, fortunately. I was referring to today's flight.
steveholt is offline  
Old Aug 14, 2015, 6:10 am
  #9  
Suspended
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
1. Yes, you may claim EC 261/2004 delay compensation for your delayed arrival into DUB. As you have seen, there is a developing trend among carriers -- backed up by NEA's in some countries, not others -- to deny compensation for MX when all recommended maintenance has been performed. Until more facts are known, I would not go spend the EUR 600 on a lark.

2. You are not protected across tickets, even if on the same booking (PNR). While BA will usually rebook as best as possible, it need not and would be doing so as a courtesy not a requirement. You also come behind connecting pax as a priority and are not entitled to any form of compensation, including "duty of care" for onward delays occasioned by the late arrival.

Thus, try the claim. Don't hold breath.
Often1 is offline  
Old Aug 14, 2015, 6:16 am
  #10  
FlyerTalk Evangelist
 
Join Date: Feb 2009
Location: From ORK, live LCY
Programs: BA Silver, EI Silver, HH Gold, BW Gold, ABP, Seigneur des Horaires des Mucci
Posts: 14,214
I also wouldn't go spending €600 when the compensation due (assuming no extraordinary circumstances) is €300 for 3-4 hour delay on a flight over 3,500km.
stifle is offline  
Old Aug 14, 2015, 6:41 am
  #11  
FlyerTalk Evangelist
 
Join Date: Mar 2008
Location: Netherlands
Programs: KL Platinum; A3 Gold
Posts: 28,737
Actually, given that the flight appears to have landed within 4 hours of the originally-scheduled arrival time, no further compensation is due!

Originally Posted by OJ of the EU
irishguy28 is online now  
Old Aug 27, 2019, 12:38 pm
  #12  
 
Join Date: Sep 2014
Location: IRL
Programs: AerClub, BAEC.
Posts: 44
Any EU261 experts have a view on this. Is staff illness considered extraordinary circumstances?


DiegoTristan is offline  
Old Aug 27, 2019, 1:32 pm
  #13  
Suspended
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
For those who have not memorized the EI schedule, this is its BOS-SNN service. That matters a great deal in the context of EC 261/2004 and it is helpful for people to include the details.

This is a fact-based issue. The question is not whether the illness is an "extraordinary circumstance" but rather whether a cancellation or delay of 3-4+ hours for this Type 3 flight, but whether under the circumstances, it is reasonable to expect EI to have substitute crew available in a sufficiently timely manner to perform the flight. If this were a departure from SNN, one would expect there to be someone reasonably available. Stationing extra crew against the remote risk that someone is too sick to work at BOS seems a bit silly.

There are likely more facts behind this one as the aircraft itself flew. Thus, there had to be some oddity in staffing which permitted it to be operated without passengers.
DiegoTristan and nancypants like this.
Often1 is offline  
Old Aug 27, 2019, 3:03 pm
  #14  
 
Join Date: Sep 2014
Location: IRL
Programs: AerClub, BAEC.
Posts: 44
Interesting how those 2 words can be interpreted​​​​​​ in that way. Do airlines use the same logic for technical problems with aircraft - i.e. If an issue occurs away from an airline base, can they just say it would be unreasonable to expect to have engineers on hand to fix the problem.
DiegoTristan is offline  
Old Aug 27, 2019, 3:57 pm
  #15  
Suspended
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Originally Posted by DiegoTristan
Interesting how those 2 words can be interpreted​​​​​​ in that way. Do airlines use the same logic for technical problems with aircraft - i.e. If an issue occurs away from an airline base, can they just say it would be unreasonable to expect to have engineers on hand to fix the problem.
There are always engineers. Whether they are employees of the carrier or an outsourced operation at an outstation or smaller airport. Not to suggest that every engineer can deal with every problem and there are certainly issues which arise which are beyond the technical capacity of even medium-sized airports.

But, more to the point on the EC 261/2004 front, the ECJ determined some time ago that cancellations & delays occasioned by technical faults are almost always (read, always) not "extraordinary circumstances." While the decision flies in the stated purpose of the Regulation in many instances, I suppose we are lucky to have judges who are so expert in commercial aviation.

Bottom line, the Regulation was not intended as a get rich quick scheme and it seems to me that if EI were required to keep reserve crews at outstations such as BOS against the possibility that once a decade someone gets too sick to fly, that one might well not like the ticket prices that would command.
nancypants likes this.
Often1 is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.