What are your rights when an ash cloud hits?
An Icelandic ash cloud? Not again!
Unfortunately, yes. The latest eruption from the, thankfully, easier to spell and pronounce Grímsvötn volcano began last Saturday, and within 24 hours had grounded flights out of Iceland. Two days later and hundreds of flights across Europe have been cancelled, with authorities once more scrambling to deal with an ash cloud crisis.
One minute we’re told theres nothing to worry about, the next flights are being cancelled. What’s going on?
There has been a lot of confusion about the likely impact of the ash cloud this time.
On Monday night, the Irish Aviation Authority (IAA) said that no flight disruptions were expected, but an hour later Aer Lingus announced it was cancelling 12 flights to and from Scotland, with Ryanair then also cancelling flights.
The number of cancellations continued to grow yesterday and, according to Eurocontrol, the European air traffic control umbrella group, more than 250 flights to northern Britain had to be cancelled in a single day.
The airlines do not seem happy with the airspace closures?
That is putting it mildly. Ryanair chief executive Michael OLeary in particular was incensed that once again the airline’s flight plans to certain airports were thrown into chaos. Yesterday morning, Ryanair flew a test flight over Scotland and said no ash had been detected.
O’Leary accused the British Met Office of producing “nonsensical forecasts of where this mythical ash cloud was going to go”.
Rows aside, my flight was cancelled yesterday because of the ash cloud. What am I entitled to?
Your rights are crystal clear and unambiguous.
Under EU Regulation 261, airlines must offer passengers affected by flight cancellations a full refund or a rerouting on the next available flight.
If a passenger opts for such a refund, then the airline’s responsibility to them ends immediately.
If, however, they ask to be put on the next available flight, then the airlines must provide accommodation and refreshment until the passenger can be accommodated on an alternative flight.
Am I entitled to compensation?
No. Passengers can only seek compensation if a flight cancellation is the fault of the airline. Flights were yesterday cancelled due to an “act of God”, so the issue of compensation does not arise and all money reimbursed is to cover reasonable expenses only.
Reasonable expenses? That seems a bit vague?
It is indeed. The issue of reimbursing passengers became a hot topic last year when Eyjafjallajökull erupted and European airspace was closed for six days affecting some 10 million passengers travelling to and from Europe from all over the world.
Ultimately it is aviation regulators across the EU who decide what is reasonable, although if you check into a five-star hotel and eat and drink all around you and then look to be reimbursed, you can expect to be disappointed.
How do I claim back expenses incurred?
Passengers should send copies (it is very important that the original documentation is never sent just in case it goes missing) of all receipts to the airlines on which they booked flights. Submissions should also include booking references, passenger names, original flight details and new flight details. If an airline has not made an initial response within 15 working days, passengers are advised to contact the aviation regulator in the country where the aircraft had been stranded, again sending copies of receipts along with booking references, passenger names, original flight details and new flight details.
If last years ash cloud crisis did nothing else, it made airlines better at dealing with such complaints so affected passengers should not have to jump through too many hoops to get reimbursed.
My package holiday is under threat. Can I get my money back?
Yes, if a package holiday is cancelled, tour operators must offer a refund or replacement holiday.
Am I covered by my travel insurance?
Last year we would have answered almost certainly not. But this year the answer is “possibly”. In the wake of the last ash crisis some more high-end travel insurance packages started offering catastrophe cover, with some specifically alluding to ash clouds. Cheaper policies will have an “act of God” get-out clause.
