Ryn

On December 11th when the ice and freezing conditions were stopping many flights from landing into London, we were due to fly on Aer Lingus Belfast City - London Heathrow (BHD-LHR).
This was an avios booking if that makes any difference.

We had already had two flights cancelled on us. As we were queuing to get on the flight, the airport manager made an announcement that they were looking for volunteers to come off the flight, be put up in a hotel, and put on the first flight the next morning. Volunteers would also be awarded £250 compensation each.

As the flight was already delayed, and the promise of £500 for spending another night in a hotel, we decided to volunteer to come off the flight. We were told that the compensation would need to be processed online. Rather naively, we didn't get anything in writing.

After doing this, many other passengers were involuntarily deboarded. This was because of crew shortages.
We were all then sent to a hotel that was miles outside of the city. The hotel restaurant had closed. No food delivery services were operating at that time. We also then had to get a taxi at 6am. So there were many people who had no access to food whatsoever, and got very little sleep.

Aer Lingus are now flat out refusing to pay the promised £250 per passenger.
Upon filling in the form online, we received this response. "Flight EI 936 was disrupted due to operational reasons beyond the control of the airline, such as extreme weather. As such, this cancellation was due to “extraordinary circumstances” within the meaning of Regulation EC 261/2004 and consequently, no compensation is due in respect of this cancellation."

They have paid the expenses incurred (we had to pay for our own taxi). We appealed, and Aer Lingus have oncemore refused, and referred us to an ombudsman.

Without getting emotional about it, I think it's appalling that an airline can promise an honest passenger compensation for deboarding and once the passenger has been inconvenienced and complied with the airline, they can backtrack.

Can anyone advise me on what further steps I can take?

alserire

You mention "airport manager". I presume you mean an actual EI employee. The airport manager wouldn't be, and shouldn't be offering you anything. Who was this EI employee? EI do not oversell flights so in general they have no issues with denied boarding. Flights either fly or they don't.

I also don't understand what you mean by passengers being involuntarily de-boarded due to crew shortages. How many?

Did the flight operate at all?

It sounds like a bad experience all round but you're missing a lot of info if you're looking for any help.

DELLAS

This is certainly wrong whether intentionally or not. The practice is not unusual in these circumstances I have also seen BA put up a notice at check in at BHD before. Its most likely due to lack of communication and you need to pursue it and let them know its very bad practice to refuse to pay something that was promised.

Ryn

The airport manager I mentioned was identifiable by a high vis that said "Duty Airport Manager".

When I mentioned passengers being involuntarily de-boarded, that is exactly what I mean.

There was an announcement looking for passengers who would volunteer to be on the flight the next morning. These passengers would be paid compensation. After we were the only ones who volunteered, the staff then picked those at the back of the queue for the plane to be taken off the flight. They had no choice.
There were perhaps 20-30 passengers. I do not recall the exact number. The flight operated.

Apparently the flight could not operate will a full flight because there were too many passengers to staff available.

alserire

Fair enough so. The only quibble I would have is
that the duty airport manager is highly unlikely to have been an employee or EI and therefore may jot have had the requisite authority to offer compensation.

Having said that EI should certainly pay up. They can’t claim weather issues if the flight actually operated.

CallBell

Couple of questions.
Did the flight actually operate?
Was this flight operated by BA as I think by that date EI mainline had no operations from BHD ? Would that have any bearing on what airline is on the hook for compensation?

alserire

EI936 is listed on FlightRadar as a BA operated flight. So EI would not be responsible for any compensation as far as I am aware. Even if booked via EI, I would have thought BA would be responsible for compensation?

irishguy28

Indeed....the OP should perhaps address the query to BA.

Interestingly, euclaim.com does not seem to think that those denied boarding are entitled to compensation....

ROKNA

If the flight departed with fewer than certified capacity
1. Defective door/slide
2. Short on cabin crew
3. Weight restriction (not likely for a hop to LHR)

Items 1+2 are not excuses which void EC261, bad weather at LHR is valid but duty of care applies

The EI BHD-LHR operation is a bit weird
1. Pre Brexit it was regular EI
2. Post Brexit it was regular EI (but there was some messing going on that it was EI wet-leased by BA, i.e a UK airline subcontracting to another carrier)
3. Later it became a straight BA operating for EI as EI could no longer fly per the UK CAA

Ryn

Hello,

Thank you for the advice. Yes, it is a little confusing as to whether the flight is a BA one or an Aer Lingus one. I believe it was Aer Lingus but operated by BA.
The flight definitely operated, as we knew some other people who were on the flight.

Is it better to contact BA about it rather than Aer Lingus?

From my point of view, irrespective of whether EC/261 applies, we were promised compensation for coming off the flight. We did so in good faith, and so we ought to be paid what we are owed.

It seems like we will have an almost impossible task on our hands. As I suppose from their point of view, it is our word vs their word regarding compensation.
My current thoughts are that the airport manager did not note that we voluntarily de-boarded the flight, and so from the airline's point of view, we are in the same group as all the other passengers.

The only supporting evidence we could cite, is that the passengers who were denied boarding involuntarily were hand baggage only. Whilst, we had hold luggage which they had to remove.

It must be said, that the whole thing leaves a very sour taste in one's mouth. And to think that we thought we were helping out the airline/passengers who needed to be back...

NWIFlyer

Well, this is a strange one. The mandatory compensation for denied boarding is 250 Euros, so apparently less than you were offered for volunteering. That doesn't make a massive amount of sense.

However, I think you still have a claim.

This may get complicated depending on the relationship. I think it's pretty clear that BA planes are being used on the route because of the operating licence difficulties caused by Brexit. However, I'm not clear if BA have just taken over the route or are operating it as a wetlease for EI.

The former - BA are on the hook. The latter - I think it's EI as to all intents and purposes it's an EI flight. This would explain why EI have paid the duty-of-care.

Now here's where I think you should go.

If EI don't think you were voluntarily denied boarding, then presumably they must think you were involuntarily denied as you clearly weren't on the flight and did get re-booked.

Therefore EC261 Article 4 applies.

You've received the assistance in accordance with Article 9, Right to Care, albeit you can also claim the transport cost (taxi) to and from the hotel. You were also offered an alternative flight under Article 8 (there are other arguments around whether or not EI could have more here to get you away earlier, but let's not complicate it for the moment).

You are also entitled to delay compensation under Article 7, because crew shortage is operational and not extraordinary.

So I would write back to EI claiming the 250 Euros.

ROKNA

The learning for all of us from this

1. Get any offer of compensation in your hands there and then (this is done in Dublin certainly, cheque cut on the spot)
2. If not possible, get it in writing

For reference EI has/had staff in BHD, the station manage is almost certain a EI (well EI UK employee)

stifle

A technical note, as this flight didn't touch the EU there is no EC261 compensation payable, any claim if eligible would be under the UK version of it (and therefore for £220 rather than €250).

NWIFlyer

EI, assuming this is a wet lease and therefore the responsibility is theirs, is a community airline, so either EC or UK versions of the law can apply.

irishguy28

The reference to Community carriers in EC 261/2004 is in the context of flights arriving at an airport in a Member State from a third country - that clearly is not the case here.