Aer Lingus failure to pay out statutory cancellation compensation, need some advice

Xiangjiao

Hi Guys. I think this is the first time I've posted on this particular forum but I've been reading here for quite a while. I'm hoping someone might be able to advise me what to do n.ext. My complaint ties in with a pretty awful flight experience discussed here on the travel forum but this is not about the wider issue itself, but the very specific matter of statutory compensation. Hence, I expect that this might be the best place to get some advice so would be delighted and obliged if any of the smarts on here can offer some.

Okay then- this is a pretty open and shut case.

1. My flight was cancelled on the 11th of August. I later checked my passenger rights, and saw something about statutory compensation. I wasn't 100% if this applied to my case, but have had this confirmed to be an instance where compensation is due. In fact, I have rechecked several times just to be on the safe side. It is in fact cast iron. So this is not an issue in my case guys.

2. According to the European Unions directive on passenger rights, the airline is legally obliged to pay the consumer due compensation within 7 days. This is not a recommendation, it is the law.

3. I followed the instructions of Aer Lingus supervisory staff at Cork airport and staff at their call centre to the letter. I faxed my application for compensation to the number advised and included as much detail as possible; (Flight number, date, booking reference, name, address, three contact numbers [2 in Ireland, 1 in Spain], email address, etc, and invited them to contact me should they wish to query anything (not that they should, but just in case); detailed instructions on my preferred method of payment (bank account with all necessary extra details); mindful of the fact that companies often prefer to issue refunds to the source method, I invited them to contact me should there be any issue in this regard. In fact, there could hardly be any issue as the original method of payment was by laser from the same account.

4. According to advice by several aer lingus staff (as above) I marked the fax FAO <snip>, as I was advised that she deals with these matters. I also marked is FAO for the department as a whole. I sent this fax on Wednesday the 18th of August, and made sure to check the transmission report to see that (a) the fax landed and (b) to double check that the number input was the correct one. Positive on both accounts.

5. The following day, I sent the very same by snail mail (unregistered alas) addresses to the relevant department (and not <snip>) just to double up and be safe.

And since then? Well, the silence has been deafening.

I waited much longer than 7 days to follow up. I did ascertain the reason for the original cancellation off senior staff in Cork airport when making a return trip on the route (Cork - Barcelona) on the 29th of August. This tallies perfectly with the previous advice that my compensation was cast iron, and again this was confirmed to me. I was advised to contact Aer Lingus by phone when I arrived. I did so this Tuesday last, the 31st- so at this stage we're talking a full 13 days.

I called Aer Lingus in Ireland but was advised that they could offer me no information for the delay. They confirmed that I was due compensation, and apologised but said they could not ascertain the reason for this. When I asked to speak to someone in the relevant department, I was told that this was impossible as they only deal on compensation refunds via faxed. A little frustrating, but I've worked in call-centres before so I know this guy is only doing his job to the best of his ability under certain constraints.

I politely asked to speak to a supervisor, hoping against hope that this might get me somewhere. Predictably it didn't but it was worth a shot. The supervisor was similarly flummoxed as to why I had not received my compensation, again confirmed that my case was cast iron, and suggested maybe there was a backlog. I said that a backlog* was no excuse to fail to meet a legal statutory timespan for payment, and he agreed and said that anyway he was only speculating as he had no way of knowing. I made the cursory polite request to speak to someone higher, but I'd reached the end of the line here. I had him ask his immediate superior to see if I could be put through to the correct department, or even if they could call them on my behalf (or email them, or email <snip>), but after 5 minutes he came back on the line and apologised and said none of this was possible.

(*on backlogs, a cursory glance at the internet confirms that there has been no great August 2010 spike in Aer Lingus cancellation numbers)

........................................


As a consumer, where does this leave me? Aer Lingus accept that they owe me money, but I cannot liase with the people in the department responsible for paying it to me. 7 days has become, well, 18 (or, if we count inclusive days, 19, but it's much of a muchness!). I can't contact them, they haven't contacted me, I can't even inform them indirectly that I would like them to contact me! It's pure madness really.

Am I going to have to go down the legal route? I really would prefer not to. I am aware that the small claims court have a website, but should I have to chase them? Or do I have go the whole Irish Times Price Watch route, or worse still, Liveline?

I'd prefer not to have to the latter, that's for sure! I have no truck with Aer Lingus, limited negative experiences with them, multiple positive ones, and real brand loyalty. I still fly with them, and intend to continue to fly with them. But this isn't on really. What do I need to do get my money back here?

Thanks lads and sorry for the lack of brevity. But I just thought it best to lay out all the facts before asking for advice. I really hope you can help me here.

Cheers!

foggy_lad

you could make a complaint to the commission for aviation regulation http://www.aviationreg.ie/Complaint_procedure/Default.455.html

but they may require you make a "formal complaint" to air lingus first before they can intervene on your behalf?

Xiangjiao

foggy_lad wrote: »

you could make a complaint to the commission for aviation regulation http://www.aviationreg.ie/Complaint_procedure/Default.455.html

but they may require you make a "formal complaint" to air lingus first before they can intervene on your behalf?

Cheers foggy, thanks for that. I'm preparing to send a letter of complaint for Aer Lingus now, so yeah, it looks like that's my next avenue of pursuit.

91011

I don't think there is a 7 days time limit for compensation to be paid. - Maybe you have mixed this part up as this is a very short period to process claims and would eb considered unreasonable.

Why was the flight ancelled - if it was safety reasons / bad weather then only a refund of the ticket can be given.

If it was cancelled for no proper reason, then you have grounds for compensation, but only ofr "reasonable" expenses.

From consumer connect


Cancelled flights

Your rights in the event of a flight cancellation vary depending on when you are informed of the cancellation. If a flight is cancelled without prior warning, the airline must offer passengers the choice between:

• Reimbursement of the full cost of the ticket for the parts of the journey not made, and
• Re-routing under comparable transport conditions to their final destination at the earliest opportunity. Re-routing may also be at a later date at the passenger's convenience, subject to the availability of seats.

If your journey involves connecting flights, and if the purpose of your journey is now pointless thanks to a delay, the airline must reimburse you for parts of the journey already made.
You would also be entitled to a return flight to your original point of departure.
The regulations also provide for the payment of financial compensation to passengers, in addition to reimbursements and re-routing. However, you are not entitled to compensation if:

• The airline can prove that the flight cancellation was caused by extraordinary circumstances which couldn't have been avoided even if all reasonable measures had been taken -the EU regulations give examples such as political instability, bad weather, security risks, unexpected flight safety shortcomings and strikes
• The airline gave you adequate notice of the cancellation

java

OP, I only got my volcano flight cancellation refund from Aer Lingus last week having claimed in mid April. Sounds like they are still swamped!

91011

Looking at this again, it seems suspect.

From your various posts on other boards, you do a lot of complaining.

No where have you said the reason for cancellation. You don't state on this thread that YOU refused offer of accomodation. YOU refused offer of transport. YOU threw a strop in the airport. And you've been complaining about this particular person in the airport and the handlers wherever you can.

Aer Lingus offered accomodation, offered transport, offerred meals (according to other passengers on the flight). It seems the flight was cancelled for safety reasons (crew over the safety time limit) and Aer Lingus accomodated passengers the following day.

Sorry, compensation is not due to you. Give it up and in reality if you spent the same time and effiort you have spent on your 3 week rant on various boards and radio stations on something more productive, you'd have earned a lot more, even at minimum wage.

foggy_lad

91011 wrote: »

Looking at this again, it seems suspect.

From your various posts on other boards, you do a lot of complaining.

No where have you said the reason for cancellation. You don't state on this thread that YOU refused offer of accomodation. YOU refused offer of transport. YOU threw a strop in the airport. And you've been complaining about this particular person in the airport and the handlers wherever you can.

Aer Lingus offered accomodation, offered transport, offerred meals (according to other passengers on the flight). It seems the flight was cancelled for safety reasons (crew over the safety time limit) and Aer Lingus accomodated passengers the following day.

Sorry, compensation is not due to you. Give it up and in reality if you spent the same time and effiort you have spent on your 3 week rant on various boards and radio stations on something more productive, you'd have earned a lot more, even at minimum wage.

op as stated above by 91011 if the airline offered meals and accommodation including transport and a flight the next day thay have fulfilled their obligation regarding looking after you, you may have a case for losing one day of holiday etc but i doubt it would get far.

amcalester

What sort of compensation are you looking for?

What is the staturtory compensation you think you are owed?

Also, you say Aer Lingus accept that they owe you money, I don't agree that this is true. Certain people in Aer Lingus that you have spoken to but don't have any real authority in this matter have said that you are owed compensation. This is not the same as Aer Lingus saying you are owed compensation.

Can you provide a link to where you are getting your info re: statutory compensation?

Xiangjiao

91011 wrote: »

I don't think there is a 7 days time limit for compensation to be paid. - Maybe you have mixed this part up as this is a very short period to process claims and would eb considered unreasonable.

The period is 7 days, as per European Law. Set in stone. You can read up with you wish ( I will find links if need me)

91011 wrote: »

Why was the flight ancelled - if it was safety reasons / bad weather then only a refund of the ticket can be given.

None of the above. Cabine crew fatigue, following a delay

If it was cancelled for no proper reason, then you have grounds for compensation, but only ofr "reasonable" expenses.

No- the compensation is statutory compensation. In some circumstances it can half, but this does no apply

there are set grading rates for distances/time, separete ones for higher distances flighta. That's all. Set in stone again [unless alternative transportation is arranged with a set time span, comensation can be halfed. Non-applicable in my case too- AS PER ALL AER LINGUS ADVICE

From consumer connect


Cancelled flights

Your rights in the event of a flight cancellation vary depending on when you are informed of the cancellation. If a flight is cancelled without prior warning, the airline must offer passengers the choice between:

• Reimbursement of the full cost of the ticket for the parts of the journey not made, and
• Re-routing under comparable transport conditions to their final destination at the earliest opportunity. Re-routing may also be at a later date at the passenger's convenience, subject to the availability of seats.

If your journey involves connecting flights, and if the purpose of your journey is now pointless thanks to a delay, the airline must reimburse you for parts of the journey already made.
You would also be entitled to a return flight to your original point of departure.
The regulations also provide for the payment of financial compensation to passengers, in addition to reimbursements and re-routing. However, you are not entitled to compensation if:

• The airline can prove that the flight cancellation was caused by extraordinary circumstances which couldn't have been avoided even if all reasonable measures had been taken -the EU regulations give examples such as political instability, bad weather, security risks, unexpected flight safety shortcomings and strikes
• The airline gave you adequate notice of the cancellation

Yes, and none of the above applies here.



Sorry lads- late night.. will address this timorrow. I check all the guidelines with Aer Lingus and I am in fact eligible which is pretty sweet given the hassle I had. But my eligibility has bee confirmed.

Zzzzz.... sorry. Tomorrw guys, i will clarify okay?

But it's a closed and shut case, according to aerlingus.

I've sent a follow up letter as advised by poster number 2's link.

I'll wait in patience, who knows? Faxing sounds ludicrous. I did my bit, but these things can get lost. We'll see.

Later

Xiangjiao

Sorry guys, sleepy. Last post maybe not clear. will come back in the morning. Cheers.

Xiangjiao

amcalester wrote: »

What sort of compensation are you looking for?

What is the staturtory compensation you think you are owed?

Also, you say Aer Lingus accept that they owe you money, I don't agree that this is true. Certain people in Aer Lingus that you have spoken to but don't *have any real authority in this matter have said that you are owed compensation. This is not the same as Aer Lingus saying you are owed compensation.

Can you provide a link to where you are getting your info re: statutory compensation?

*oh, but they did. Supers, call centre supers, etc, CAST IRON.

Sure. Tomorrow.

But it's a case of distance (defining come.... oh, look, tomorrow.

Kater guys...

amcalester

Xiangjiao wrote: »

*oh, but they did. Supers, call centre supers, etc, CAST IRON.

Sure. Tomorrow.

But it's a case of distance (defining come.... oh, look, tomorrow.

Kater guys...

A call center supervisor may not actually have the authority to make that decision and just because he/she/they said you were due compensation it is only the department that deals with compensation that can make that decision.

For example I work a bank, if I erroneously tell a customer they are due compensation then that customer may not receive any compensation because I have exceeded my authority to say that.

I'm not sure I explained that very well but I think you should be able to follow it.

Xiangjiao

Sorry lads, too tired again- hard day!

Will answer your points tomorrow, I hope.