EU regulations require airlines to pay expenses

Passengers: Passengers left stranded because of next week's Aer Lingus strike have a right to recoup their expenses from the…

Passengers:Passengers left stranded because of next week's Aer Lingus strike have a right to recoup their expenses from the airline, according to an expert in consumer law.

Under EU regulations, airlines are required to pay the cost of hotel, meal and telephone expenses incurred by passengers as a result of long flight delays.

Juan Bueso, legal adviser at the European Consumer Centre in Dublin, says passengers who have to pay for accommodation or other expenses because of flight delays caused by the strike should keep their receipts so they can claim later. If they change or cancel their flights, they have no entitlement to any such compensation.

However, it is likely passengers will have to fight to recoup their expenses.

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Aer Lingus said it had offered affected passengers a ticket refund or a new booking and would not be paying any expenses incurred because of the dispute.

"We're doing everything possible to operate a limited schedule with chartered aircraft.

"We will accommodate as many passengers on changed bookings as we can.

Up to 50,000 people are due to fly with Aer Lingus next Tuesday and Wednesday, the days of the pilots' strike. Half of these are currently overseas.

Mr Bueso said that where flights are cancelled, passengers are not entitled to claim financial compensation provided for under EU regulation 261 because the cause of the disruption - in this case, a strike - is considered "extraordinary circumstances".

However, airlines still have a "duty of care" to their passengers in such circumstances and are obliged to compensate them for reasonable expenses incurred.

For many delays of two hours and over, these expenses include meals and refreshments while waiting, hotel accommodation, phone calls, e-mails and transport between the airport and hotel.

Customers are also entitled to ask for a full refund of the cost of the ticket, including taxes, or re-routing at a later date, as selected by the passenger.

Aer Lingus is offering these options at no charge.

Mr Bueso said: "While understanding that during strikes it is difficult to provide immediate assistance and accommodate all passengers' needs . . . consumers should not be forced to incur further inconveniences and expenses and therefore, they may be able to request the refund of these expenses, if any, afterwards."

EU regulation 261 also requires airlines to provide affected passengers with a written notice setting out the rules for compensation and assistance provided.

Consumers who are unhappy are advised to complain to the airline in the first place and, if they remain dissatisfied, to the Commission for Aviation Regulation. The National Consumer Agency and European Consumer Centre can also provide advice.

Aer Lingus says customers with queries should go to its website or contact a special helpline at 0818-365044.