Aer Lingus cancelled flight

d_b7

On the 26/6/22 my family was due to fly from Dublin to Split. Whilst in the airport we received a text to say the flight had been cancelled due to illness within the flight crew (COVID).

The alternative flight offered was 4 days later and not acceptable so we had to declined. 

The flights were refunded and I then applied for compensation. 

After a long process Aer Lingus finally came back and refused our application stating
‘Aer Lingus deems this an extraordinary circumstance as defined in European Regulation 261/2004.’
I have since read on your site that flight crew illness is not classed as extraordinary circumstances. 

Can someone help me clarify this and where would I go to to get an independent adjudication on this decision. 

Thanks

eskbanker

d_b7 said:

On the 26/6/22 my family was due to fly from Dublin to Split.

Perhaps worth bearing in mind that this is a UK site, so the information provided will generally apply to UK residents, based on UK financial and consumer regulation and legislation - the flight delay and cancellation regulations are still the same between the UK and EU for now, but if your query relates to a flight solely between EU countries then it's decisions of the EU courts that come into play, rather than those judged in the UK.

d_b7 said:

I have since read on your site that flight crew illness is not classed as extraordinary circumstances.

Can someone help me clarify this

That does seem to be generally accepted but finding specific EU case law isn't as straightforward as it probably ought to be, as most searches seem to direct the reader towards the UK Lipton v BA City Flyer case, which has been to appeal but will be considered by the UK Supreme Court in future.

d_b7 said:

where would I go to to get an independent adjudication on this decision. 

Aer Lingus don't appear to be a member of an ADR scheme, at least not in the UK, so that would suggest that court action would be needed.

Edit: actually, before court you can escalate to the Irish aviation regulator: https://www.iaa.ie/consumer-protection/air-passenger-rights