Service helps air passengers seek payouts for cancellations

DISGRUNTLED AIR passengers whose flights are delayed or cancelled can avail of a new service to help them obtain compensation…

DISGRUNTLED AIR passengers whose flights are delayed or cancelled can avail of a new service to help them obtain compensation due under EU regulations.

Euclaim, a Dutch-based claims handling agency, opens for business in Ireland next week with a dedicated website, euclaim.ie, and a promise to take airlines to court that refuse to pay out compensation.

The company has engaged a leading Irish law firm, Lavelle Coleman, to pursue claims against airlines on its behalf in Ireland and Britain. Lavelle Coleman has already sent Ryanair a batch of 32 claims, in respect of 65 customers of the airline from Ireland and overseas, and claims on behalf of 25 passengers have been sent to British Airways. Claims on behalf of Aer Lingus customers will be sent out next week.

Under EU rules, air passengers who suffer overbooking or cancellations can claim compensation of up to €600 plus expenses. Delays of under five hours are not refundable but passengers may have a right to meal and accommodation expenses.

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However, many airlines escape their obligations by blaming "extraordinary circumstances" such as weather or strikes, in which case they are not required to pay compensation. They also stand accused of fobbing off consumers with delays and blanket negative responses.

"The EU Commission has given air passengers a voice, but as an individual fighting against the likes of Ryanair you don't stand a chance," says Euclaim chief executive Hendrik Noorderhaven.

Euclaim tracks the movements of every aircraft in Europe and checks the accuracy of airline excuses. It says that up to 450 flights a day are cancelled in the EU and 6,000 are delayed - mostly because of internal airline reasons rather than commonly blamed external causes such as air traffic control or bad weather.

Mr Noorderhaven says his analysis shows some airlines consistently lie about the reasons for delayed and cancelled flights so as to avoid paying compensation to customers. Last year the EU Commission told The Irish Times it strongly suspected airlines provided customers with inaccurate information.

The company operates on a "no foal no fee" basis, but takes 27 per cent of any compensation award.

Last year, it processed more than 4,500 claims in the Netherlands and secured average compensation of €1,200 per claim. Both Ryanair and Aer Lingus featured in the top 10 claimed-against airlines.

Mr Noorderhaven claims Ryanair will deal only with complaints in English and frequently fails to respond to aggrieved customers. A Ryanair spokesman said the airline preferred if customers corresponded in English but would communicate in other languages where possible. More than 99 per cent of complaints were responded to within a week, he said.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.