Flight Cancellation

If my flight is cancelled, do I get a refund?” And we can answer that for you. Under the EU Regulation Nr. 261/2004, air passengers are entitled to a ticket refund or a replacement flight. In some cases, passengers are also entitled to flight cancellation compensation.

The following rules shall apply:

– in the event of the non-operation of a flight which was previously planned to be operated by us and in which at least one place was reserved;

– in respect of flights departing from an airport in the EU, and flights operated by a Community air carrier departing from an airport in a third country to an airport in the EU (unless you received benefits or compensation and were given assistance in that third country);

– on condition that you have a confirmed reservation; – only to passengers travelling at a fare available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme.

 

Where your flight is cancelled, you are entitled to a choice of:

  • Refund of the cost of your ticket within 7 days or
  • Re-routing to your final destination at the earliest opportunity or
  • Re-routing at a later date at your convenience, subject to availability of seats

You may also be entitled to compensation.

When compensation is not payable

You are not entitled to compensation if:

  • You have received at least 2 weeks’ notice of the cancellation; or
  • You have received between 2 weeks and 7 days’ notice but you have been offered an alternative flight departing no more than 2 hours before your original departure time and arriving at your final destination less than 4 hours after your original scheduled time of arrival; or
  • You have received less than 7 days’ notice but you have been offered an alternative flight departing no more than 1 hour before your original departure time and arriving at your final destination less than 2 hours after your original scheduled time of arrival.

If the airline can prove that the cancellation was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is payable.

Examples of extraordinary circumstances may include:

  • Weather conditions
  • Air traffic control restrictions
  • Security risks and
  • Industrial disputes that affect the operation of the flight

The assistance described above will apply without prejudice to any rights you may have under applicable law (including EU Directive 90/314 on package travel) to further compensation, although any such assistance granted may be deducted from any such further compensation. If you have any queries or complaints about your rights in the case of flight cancellation, please contact our customer relations department.

You may also contact the Commission for Aviation Regulation, which has been designated as the enforcement body in Ireland for Regulation EC 261/2004, at Alexandra House, Earlsfort Terrace, Dublin 2. This Notice is required by Regulation EC 261/2004 of the European Parliament and of the Council of the European Union

 

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. It is our policy to provide a highly efficient costs effective service for all our clients. Every MulhollandLAW client will be furnished with a Section 150 letter at the outset of litigation in promotion of the Legal Services Regulation Act 2015.

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