With the uncertainty and fear surrounding air travel in the wake of the US attacks, passengers need to know their rights when reviewing travel plans. There has been a lot of concern expressed, particularly from people planning to travel to the eastern United States. However, unless the current situation escalates, it appears there is little compulsion on airlines or tour operators to refund travellers.
There is a distinction between package holidays and flight-only contracts. The former are the subject of the 1995 Package Holidays and Travel Act. Under Section 18 of the Act, a tour operator who is compelled to cancel or significantly alter a package holiday before it starts must offer the customer one of the following:
an alternative holiday of the same or superior quality at no extra cost, if available;
an inferior holiday with compensation for the difference in quality, if any; or
a full refund.
In normal circumstances, the consumer is entitled to compensation for the inconvenience. But according to the European Consumer Centre, where a package holiday is cancelled because of a terrorist attack or war in the destination country, the consumer is entitled to a refund - but not to additional compensation.
The question is, when is a tour operator compelled to cancel or significantly alter a holiday? Is the mere threat of war in the destination country sufficient?
The consumer centre suggests tour operators can be considered as being compelled to cancel or alter a holiday where:
the Department of Foreign Affairs advises against travelling to the destination country;
the US identifies the destination country as a terrorists' haven; or
the destination country is invaded, attacked or declares war on a specific target.
The centre is urging tour operators to refund customers if they are worried about travelling to countries identified by the US as harbouring terrorists or if the US declares war and such a country becomes a probable target.
In the case of flight-only contracts, a force majeure (an unforeseen event such as terrorist attack or war) may provide the airline with a justification for not performing the contract or refunding the consumer. According to the European Consumer Centre, it is at the discretion of the airline as to whether the price paid is refunded.
If the tour operator or airline continues to offer the package holiday or flight, the consumer is liable to forfeit monies paid if they (the consumer) cancel. However, the consumer centre has urged airlines to consider the anxiety of passengers and suggested they should be offered alternative flights or a refund.
Aer Lingus has been operating a full schedule between the Republic and the US since Monday, subject to US airports remaining open. In order to accommodate increased security measures, check-in for transatlantic flights now commences three-and-a-half hours before departure and closes one hour before departure.
The special reservations information numbers for Aer Lingus customers remain available:
In Ireland: 1-800-22-22-21.
In the US: 1-866-IRISH-FLT.
British Airways customers can call 00 44 191 490 7901.
