Q. In May my family and I were due to fly from Malaga to Shannon. The flight was initially delayed by about an hour. An hour into the flight, there was a noise and the pilot announced there was a technical problem and we had to turn back. Things were delayed and delayed again and, ultimately, we took off at some six hours after our flight as supposed to initially depart. We had to stay on the plane the whole time, and the state of it was deplorable – toilets blocked, wash hand basins filthy, toilet tissue all over the place. Also, there were babies crying, passengers were very annoyed. Some food and drinks were available, but you had to pay for them. Are we entitled to any compensation?
Dear Reader,
There are various EU mandated rules that govern cases of delayed or cancelled flights.
As your flight was delayed by more than five hours – you should have been entitled to free meals and refreshments. The failure of the airline to give you vouchers or similar does not, as a matter of right, entitle you to compensation. However, if you paid for food and drink and have retained the receipt, you can now submit the same to the airline. Whether or not you wish to pursue the airline for this is a matter for you.
As the flight was delayed by more than five hours you were entitled to seek a refund of your ticket rather than taking part in the flight. Given that the flight had commenced, although it had turned back, this was probably not an option for you.
You might be entitled to compensation for a delayed flight. Compensation is a set figure of €400 per person, where the flight is between 1500km and 3500km, and with a delay of three hours or more. If the delay was due to ‘extraordinary circumstances’, you may not be entitled to compensation. The European Court of Justice (ECJ) has confirmed that extraordinary circumstances include air traffic management decisions, political instability, adverse weather conditions, and security risks. The ECJ has said that most technical problems, as in your case, are not considered an “extraordinary circumstance”.
You should examine your travel insurance to confirm whether you are entitled to any compensation from them. You should also try and retain any receipts/letters/emails that you may hold in respect of the matter, including you initial booking emails.
If you feel that you have not been afforded the correct level of compensation, you should contact the Irish Aviation Authority at iaa.ie.
