CHANGE OF FLIGHTS FROM THE 23RD DEC TO THE 24TH DECEMBER

eskbanker

Susan1942 said:

My daughter is helping with a  claim for compensation,  She emailed the CEO but had not had a response as yet.  Whether that flight on the 23rd that I was booked at 12.00 happened is not the point here.  I didn't have the choice I was simply either accept that my flight was changed to the 24th December.  I have printed the text message and there was no mention of the flight being cancelled./  The option was accept the revised flights for the 24th Dec on the 08,30 or cancel it.  The purpose of the visit was to spend Christmas with my family.  Just have a look at Aer Lingus FB page and they clearly they have major problems. Going way back.  

I disagree - whether or not your original flight was cancelled is pivotal to your actual legal rights here!  If you were bumped off a flight that operated then you're likely to be due compensation, but if it was cancelled due to reasons beyond the airline's control then you wouldn't be eligible for compensation.  Hopefully your daughter understands the significance of the regulations in this area when constructing a cogent case.

On the other hand, your rights are entirely unaffected by the number of other people moaning about the airline on social media (which is hardly unique to this particular airline!).

Susan1942

I have spoken to my daughter.  She has a law degree and works in the liability field.

To quote her

"It makes no odds.  If then cancelled the flight you are still due compensation.  The fact that they mislead you initially makes no odds 

eskbanker

Susan1942 said:

I have spoken to my daughter.  She has a law degree and works in the liability field.

To quote her

"It makes no odds.  If then cancelled the flight you are still due compensation.  The fact that they mislead you initially makes no odds 

....subject to article 5(3) of the regulations, which is highly likely (but not absolutely certain) to be deployed here.

Is it a fact that they misled you?

Susan1942

Well she says so.  No mention was made of cancellation,  Simply offered a change of flight to the following day.  The only other option was to cancel.  

Susan1942

They were showing 3 seats available at a cost of £430  She took a screen shot of that.  

eskbanker

Susan1942 said:

Well she says so.  No mention was made of cancellation,  Simply offered a change of flight to the following day.  The only other option was to cancel.  

You'd previously quoted them as saying "Due to a disruption to our schedule there has been a change to your flight itinerary" which doesn't really sound like an offer to change as such - while that excerpt doesn't use the word 'cancellation' they'll presumably argue that the 'schedule disruption' consisted of cancelling some flights (because of the incident in Belfast earlier that day), with a direct consequence of having to rebook affected passengers onto their remaining flights, so it's unclear to me that there's any misleading in that?

Susan1942 said:

They were showing 3 seats available at a cost of £430  She took a screen shot of that.  

Yes, that was covered on in earlier posts, as was the fact that a failure to update a sales page clearly isn't proof that the flight actually operated.

Anyway, this is all getting a bit repetitive, so crack on with the claim and let us know how you get on!

Susan1942

Just an update. 

I have had an email from Aer Lingus this evening.  Your claim for compensation has been reviewed in accordance with the regulation UK APR 
A bank transfer has  been authorised and made payable to you for GBP 220.  This is a full and final settlement for this claim   
We apologise again for the disruption of your flight and hope to welcome you on board soon.  

So my daughter was absolutely correct .  Thanks for all the advice and information on these boards.  

Sue 

eskbanker

Did they explain why, i.e. was it processed under the denial of boarding provisions or the cancellation ones?

Susan1942

No I have written what was said Aer Lingus email to me today.  My daughter was adamant that in law compensation was due. Obviously Aer Lingus agreed. 

Sue 

eskbanker

Yes, but it could be useful to others experiencing similar in future to understand the actual legal basis of the claim.