Cancelled Flight

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Sep 21, 2019
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#1
Hi
I had to book my own flights home following a flight cancellation as I couldn't secure any assistance by phone or on the ground to offer a reschedule or 're route. The airline are not willing to reimburse me as I booked with another airline as it was the only flight I could find that wasn't fully booked online. There were 5 of us and an infant! Should I not be reimbursed.
 

Neil Maley

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#2
We need more information on where you were traveling to and from.

In the US when a flight is canceled, the airline has to do one of two things according to the DOT:

1. Put you on the next flight with available seats (which might not be for several days if all flights are full)
OR

2. Provide a full refund.

If they offered you another flight that wasn’t acceptable and you took the refund- they don’t owe you anything else but a full refund of what you paid.

Here are your rights according to the DOT
https://www.transportation.gov/airconsumer/fly-rights
 
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Dwayne Coward

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#3
Wendy,

You might need to post a bit more information, such as the flight itinerary you were flying, the airline, and the reason the flight was canceled, if you know. Answers can vary depending on the answer to those questions.

Neil posted information above concerning the US, if the flights involved the EU at all, then you may have some protections under EC261.
 
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Dwayne Coward

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#4
I see that Wendy did submit a help request, the flights were on an EU flagged aircraft between two EU points. In this case, EC261 would apply and they may be required to pay the difference. It will depend on whether or not they offered you the choice between a refund, reroute to your destination at the earliest opportunity, or a reroute at your convenience, under comparable transport conditions.

If they didn't offer the above, but just decided to refund, then you may be entitled to an additional reimbursement of the price difference of the new ticket, under comparable transport conditions.

You may also be due cash compensation if you weren't notified at least 14 days in advance of the cancellation and the cancellation wasn't a result of something that would fall into the "extraordinary exceptions" category.
 

Neil Maley

Moderator
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Advocate
Dec 27, 2014
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#5
I see that Wendy did submit a help request, the flights were on an EU flagged aircraft between two EU points. In this case, EC261 would apply and they may be required to pay the difference. It will depend on whether or not they offered you the choice between a refund, reroute to your destination at the earliest opportunity, or a reroute at your convenience, under comparable transport conditions.

If they didn't offer the above, but just decided to refund, then you may be entitled to an additional reimbursement of the price difference under of the new ticket, under comparable transport conditions.

You may also be due cash compensation if you weren't notified at least 14 days in advance of the cancellation and the cancellation wasn't a result of something that would fall into the "extraordinary exceptions" category.
Thanks for the additional information- as I said- we needed this in the initial post in order to provide the best response.

Dwayne has given you the information but we still need to know if they offered you another flight.
 
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Sep 21, 2019
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#6
Thanks for the additional information- as I said- we needed this in the initial post in order to provide the best response.

Dwayne has given you the information but we still need to know if they offered you another flight.
Hi
Thanks very much for replying. Aerlingus cancelled the flight whilst we were at the gate in Verona back to Dublin, due to thunderstorms. The problem is that there were no staff on the ground and they were not answering the phones to the number they supplied by email to tell us the flight was cancelled. Nobody knew what to do. I have since found out that after a long time and one phone being answered they did actually reschedule some passengers but not all. We had to make a decision at around 21.00 (flight was originally due to leave at 16.00) to book alternative flights home the following day. All AL flights were booked out online and so had to book with Ryanair.
They did refund the cancelled flight and have promised to refund the nights accomodation etc but this us not what I asked for as it was a tiny amount compared to the new flights. The original flight was booked months ahead and was very cheap. The new flights were booked the evening before and wee not cheap.
Thanks again
Wendy
 

Neil Maley

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Dec 27, 2014
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#7
Because this was canceled due to thunderstorms, you are probably not eligible for EU261 reimbursement.
From our EU261 information:

As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
 
Sep 21, 2019
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#8
Because this was canceled due to thunderstorms, you are probably not eligible for EU261 reimbursement.
From our EU261 information:

As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
Yeah I expected that but article 8 of this document, as far as I can understand, means that despite extraordinary circumstances an airline still has a duty of care to offer 're routing or rescheduling.
I am not expecting EU compensation based on distance of the flight, just reimbursement for the flights home I had to book myself as a result of not being able to contact the airline to get them to 're schedule me. Screenshot_20190922-123506_Gallery.jpg
 

Dwayne Coward

Administrator
Staff Member
Director
Apr 13, 2016
654
930
93
St. Louis
#9
Wendy, If the cause of the cancellation was due to weather, then that would be under the extraordinary exception, but only for the cash compensation (the airline should state this as the reason if they deny it). That shouldn't affect the other requirements of EC261 such as the duty of care and offering the choices for rerouting or refund.

If you haven't already received a denial in writing from the airline, I would recommend writing them and specifically asking for the cash compensation, and the difference in the fare for your new tickets since they did not offer the choices required by EC261. They should provide a denial in writing, once they do or if they don't respond within 6 weeks, you can appeal to the National Enforcement Body for a determination.
 
Sep 21, 2019
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#10
Wendy, If the cause of the cancellation was due to weather, then that would be under the extraordinary exception, but only for the cash compensation (the airline should state this as the reason if they deny it). That shouldn't affect the other requirements of EC261 such as the duty of care and offering the choices for rerouting or refund.

If you haven't already received a denial in writing from the airline, I would recommend writing them and specifically asking for the cash compensation, and the difference in the fare for your new tickets since they did not offer the choices required by EC261. They should provide a denial in writing, once they do or if they don't respond within 6 weeks, you can appeal to the National Enforcement Body for a determination.
Hi
Yes they have replied by email, saying its not their policy to reimburse me because i booked with an alternative airline. I have been trying to explain to them that I can't accept this.
Who is the National enforcement body, I have been trying to find out who to deal with, but it's so confusing.
Thanks so much for your replies
Wendy
 
Sep 19, 2015
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#12
If you got the original flights reimbursed you do not get the replacement flight also reimbursed— as that is effectively traveling home for free.

The rebook on another carrier/ reimburse another ticket over original cost is a very gray area — because of what Dwayne quoted— the comparable conditions.

But do not demand the full reimbursement for replacement as that will not work if the original flight was refunded.
 
Sep 20, 2015
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#13
@Wendy, did you incur other expenses (hotel, meals) for the overnight stay? That should be reimbursable under EU261's duty to care. If they did not offer you any overnight accommodation and/or meals, you should press them for this. And you should press them for reimbursement for the cancelled flight...they won't pay your replacement flight, but they do have to refund the amount you paid for the original flight that was not taken.

Aer Lingus rejected your claim of paying for the replacement flight. You did not ask them, nor will they volunteer this info (even though by law they are supposed to), for reimbursement for the overnight expense. Ask them for this, in writing by e-mail--don't use the phone.
 
Sep 19, 2015
5,154
7,174
113
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#14
@Wendy, did you incur other expenses (hotel, meals) for the overnight stay? That should be reimbursable under EU261's duty to care. If they did not offer you any overnight accommodation and/or meals, you should press them for this. And you should press them for reimbursement for the cancelled flight...they won't pay your replacement flight, but they do have to refund the amount you paid for the original flight that was not taken.

Aer Lingus rejected your claim of paying for the replacement flight. You did not ask them, nor will they volunteer this info (even though by law they are supposed to), for reimbursement for the overnight expense. Ask them for this, in writing by e-mail--don't use the phone.
MVFlyer I think the airline did agree to pay for the hotel and such, the problem now is the replacement flight.
 
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Dwayne Coward

Administrator
Staff Member
Director
Apr 13, 2016
654
930
93
St. Louis
#16
Wendy,

If you have it in writing from the airline denying the cash compensation and fare difference, I would recommend filing with the NEB, for both of these items and let them make a determination if the airline is required to pay. You can do this online with the NEB in the country where the flight departed (Italy in your case). Here is the link:

https://www.enac.gov.it/en/passenge...denied-boarding-cancellation-or-long-delay-of
 
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Sep 21, 2019
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#17
@Wendy, did you incur other expenses (hotel, meals) for the overnight stay? That should be reimbursable under EU261's duty to care. If they did not offer you any overnight accommodation and/or meals, you should press them for this. And you should press them for reimbursement for the cancelled flight...they won't pay your replacement flight, but they do have to refund the amount you paid for the original flight that was not taken.

Aer Lingus rejected your claim of paying for the replacement flight. You did not ask them, nor will they volunteer this info (even though by law they are supposed to), for reimbursement for the overnight expense. Ask them for this, in writing by e-mail--don't use the phone.
Hi
This just doesn't seem fair to me. I was left stranded. I had no choice but to book the flights I did. They were more expensive because they were booked the day before unlike the cancelled flight which was booked months in advance. I had to get myself and my fam
Wendy,

If you have it in writing from the airline denying the cash compensation and fare difference, I would recommend filing with the NEB, for both of these items and let them make a determination if the airline is required to pay. You can do this online with the NEB in the country where the flight departed (Italy in your case). Here is the link:

https://www.enac.gov.it/en/passenge...denied-boarding-cancellation-or-long-delay-of
Thank you so much. I will do that!!