Volcanic Ash - what are my rights if I booked with another airline to get home

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polo1

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Hi
I was booked to come back from holiday in Fuerteventura with Aer Lingus a couple of weeks ago and was cancelled due to volcanic ash over the canary islands. The next available flight was 1 wk later. As I was travelling with 5 other people including my elderly mother (who only had heart medication for 3+ days) and a small child 1 yr I decided that I wanted to get home sooner. I tried all options of getting home from other canary islands but the best they could offer was 1 wk later.
I had no accomodation as I had left the villa which I had hired that morning and was unable to secure anything for the full week without an astronomical cost of €1800 for all of us (hotel 3 double rooms). I estimated food and drink at €50 per day per person €1700 - total 3500.
In addition I needed to be back in work on the Monday for critical business meetings.
I managed to get a flight on the Saturday evening with Monarch to Birmingham and then with Ryanair to Dublin. Monarch were flying to and from Canaries on the same day that Ryan air and Aerlingus had cancelled flights.... It meant being up all night and a 6 hour lay-over in Birmingham but I got home on Sunday morning.. Cost of flights €1440

I requested a refund for my flights with Aerlingus the new flight cost 1440 and they have refused and will only pay me the refund for the return end of the flights which is around €500?

I am furious as I have saved them around 2K... Should I pursue this with them and what are my rights please?
Thanks for your advise.
 
look at aviationreg.ie prepared by the Commission for Aviation Regulation.

In the meantime this is my opinion which is based on some cases I have been dealing with -but goodness knows it's all very confusing and I could be wrong....

On the face of it you may think you have a claim but I suspect that, according to the law you are only entitled to a refund of the what you had paid for the ticket.

If you had stayed the whole week then EI would have had to pay the cost of accommodation.
I know it seems crazy but the fact you left and effectively saved them money may not mean anything in law.

Anyway, suing EI would probably take a year, cost a lot and stress you out...
 
Unfortunately I will have to agree. The airline would only be obliged to refund the unused ticket cost as you chose not to use it.
 
So I just contacted my insurance company in the hope that they would re imburse me but of course they are covered with an exclusion stating anything related to the federal aviation authority closing an airport is not covered..

Where does this leave me... Has anyone been successful in getting reimbursed for making their own way home??? rather than incurring substantial costs to the airline in question....
Doesnt seem fair to me....

Any guidance on next steps are welcome...
 
polo1 said:
... an exclusion stating anything related to the federal aviation authority closing an airport is not covered. ...
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That's a strange exclusion. Who are you insured with? The FAA is a US-only organisation and would have no authority over non-US carriers or airspace outside US jurisdiction.
 
mathepac said:
That's a strange exclusion. Who are you insured with? The FAA is a US-only organisation and would have no authority over non-US carriers or airspace outside US jurisdiction.
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I am insured with Get cover :

The statement says:
What you are not covered for:
- any claims arising directly or indirectly from the delay of travel arrangements in any way caused or contributed to by or on the order of any government, public or local authority including but not limited to any civil or federal aviation authority.
 
I do not recall any order closing the airports you were using that date.

Flights were operating in and out of both F. and Dub.

The reason EI and FR were not flying was probably an operational matter; they will claim that it was based on the problems arising from the volcanic ash. That is, they had to make sure planes were in such-and-such a location in case the cloud worsened - and thus they did not send out their planes from ireland to many holiday destinations on that weekend.
(charter flights however did; thus my package holiday clients did not suffer - but thousands who booked on the intenet with EI/FR did. )

If you have time, patience and energy it maybe one worth pursuing, though rather you than me.
 
The reason EI and FR were not flying was probably an operational matter
Click to expand...
I think that will sink them in the event of court claims. They chose not to fly, their problem and not yours.
 
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