Flight lands on wrong island - airline responsibility?

Moonchild

Just received an e-mail from a poor friend in the Canaries who having had his holiday !!!!!!ed up by snow & Spanish ATC, is now being messed up by strong winds in the Canaries. I'm not a European legal eagle, so advice would be welcomed.

Basically, their flight on Monarch to Lanzarote airport was diverted to Fuertaventura due to strong winds. Fair enough.

However, Monarch got them on a boat across to Lanzarote, and dumped them at the port which is the opposite side of the island to both the airport, and their resort.

They booked flight only, so not worried about transfers.

However, they believe that Monarch should be providing transfers from the port to Lanzarote airport (where their hire car is awaiting them) - and so do I. Can anyone advise? And also if possible show legislation.

Just to emphasise there is no problem with the diversion, but just about how Monarch subsequently gets them their final destination.

I suppose an equivilant comparison is your flight to Gatwick being diverted to Amsterdam due to snow, and they being put on the ferry to Newcastle and being left there as 'we got you to the right island'.

Ta!

HXDave

Cityboy should be able to offer advice on this, however i seem to recall something similar with a Ryanair flight earlier in the year. From what i understand, exactly the same happened - Flight to Lanzarote diverted to Fuerteventura due to weather. However the main difference in this case is that Ryanair left the passengers at Fuerteventura and offered no further assistance (even though later in the day the aircraft eventually went to lanzarote - but empty)

Now from what i recall from reading about it, and i'm sure Cityboy will correct me if i am wrong, but because the airline got you within 50 miles of your destination, they have covered themselves, and are not compelled to offer any further assistance.

However, like i say, it is only what i heard, and quite happy to be corrected.

HXDave

I see Cityboy has already replied. Wonder why that didn't apply in the other case then? perhaps i read it wrong, or maybe journolistic speculation!

Moonchild

Thanks Cityboy, exactly what I expected, and exactly the response I was hoping for (with relevant regulation outlined).

HXDave

Cityboy,

Thankfully whenever i have had customers diverted to alternative airports, then all possible has been done to get them to where they were supposed to go, so have never had to go further into the pro's & cons. And indeed, if it did happen that my clients were 'dumped' at a wrong airport either by an airline or a tour operator, i would fight vigourously with them on the points made above.

However you know what ryanair are like, shirking responsibility whenever they can. And like i said in my original post, always happy to be corrected.

Moonchild

Just as an aside to the above 2 comments - I seem to remember an incident well publicised when a carrier got someone back to LHR instead of LGW and that was the end of their responsibility - for some reason returning people to a LON airport (the generic term for all London Airports) was the extent of the liability.

I suppose LHR-LGW must be about 40/50 miles?

Anyway, again, no proof, no factual evidence, just bad memory and hearsay. Doubt i'll find an answer on Snopes.

Shona99

Cityboy wrote: »

Monarch are responsible for getting your friend to the airport as that is what they contracted and paid for. If the airline has not transported your friend to the airport they are legally liable to reimburse the receipted cost for your friend arranging reasonable public transport if available or taxi fare if there is no other method of travel from port to airport.

Reg 261/2004 refers to this in Article 8.3 as follows:

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.

But doesn’t the obligation delivered under Art 8(3) of EC 261/2004 flow subsequent to a cancellation by the Operating Carrier?

Has the flight been cancelled? If the flight hasn’t been cancelled ( as defined by EC 261/2004) then Art 8 EC 261/2004 presumably isn’t burdened upon the carrier.

HXDave

ok guys, i'll throw something in here.

looking on the monarch website (ok, it may be different when you get further in), but when you book a flight to Lanzarote, thats exactly what you book - a flight to LANZAROTE. you dont book a specific flight to Arricife (where the airport is situated). So therefore, if Monarch have provided transport to the stipulated destination (in this case LANZAROTE), have they fulfilled their legal oblications?

Like i said initially, not sure what the legal ruling on this would be, just would be good to hear other peoples thoughts. As Mrs Merton used to say on her chat show, 'lets have a heated debate'............ lol


HXDave.

*j*

Won't the ticket and boarding card show Lanzarote ACE ?

*j*

Shona99

Does that work for the return journey from "Lanzarote" as well?
Maybe a pax could just present him/herself for check-in at a beach of their choosing on the Island?

HXDave

cityboy:

I'll also throw something in!

I booked a flight to London Gatwick but the airline flew me to London Heathrow instead. Has the airline fulfilled its contract of carriage? Who is responsible for my cost of getting to LHR from LGW?

thats what i'm saying. if your ticket states final destination as London Gatwick, then that is your final destination. However if your final destination just state Lanzarote, then if they got you to 'Lanzarote', have they have fulfilled their contractual oblications?

Ding Ding, Round three............

lol

HXDave

Shona99

Does that work for the return journey from "Lanzarote" as well?
Maybe a pax could just present him/herself for check-in at a beach of their choosing on the Island?

Funnily enough, you can do that in disney, florida if you wish. i also believe (And Delwynsholiday......... might be able to confirm if they still do this) that certain hotels ih the caribbean also offered this with Virgin Atlantic.

HXDave