Aer Lingus Manchester Cancellations

buckolfc

Aer Lingus are leaving Manchester airport from March. I was due to fly direct to Orlando in June but this is no cancelled and they have given me two options -
- Refund 
- Alternative flight via Dublin.

Does anyone know if I can ask to be booked on to another airline? 

Below is the legal right but it isn’t black and white so I want to know if I am able to demand this option.

“Although most airlines will book you onto another of their flights to the same destination, if an alternative airline is flying there significantly sooner or other suitable modes of transport are available then you may have the right to be booked onto that alternative transport instead”

Thanks in advance

Linus2864

Hi buckolfc,

Personally I would take the flight with Aer Lingus via Dublin.

You will be able to pre-clear US immigration and customs at Dublin, so will not need to wait in the long lines at Orlando.   Passengers who have been pre-cleared will be able to arrive as if they were on a domestic flight.

https://www.dublinairport.com/flight-information/travelling-to-usa/usa-preclearance

Hope this helps,

L

buckolfc

It still means 2 flights, stopovers in Dublin with 2 kids so I think direct to Orlando and through immigration at Orlando would be smoother and that is what I booked originally.

Woodstok2000

How do the times compare, thats the key thing. They're giving you plenty of notice, so if the flight times are similar via Dublin you're not going to get far asking them to book you on a direct flight - they'll refund you the fare rather than pay another airline to take you.

buckolfc

To connect will add at least 4 hours to our journey. I can see that logic for the airline but what are my legal rights? 

eskbanker

buckolfc said:

Below is the legal right but it isn’t black and white so I want to know if I am able to demand this option.

“Although most airlines will book you onto another of their flights to the same destination, if an alternative airline is flying there significantly sooner or other suitable modes of transport are available then you may have the right to be booked onto that alternative transport instead”

I don't know where that wording is from but the legal right is defined by article 8.1.b of the UK261 regulations, which simply states that the airline is obliged to offer (inter alia) "re-routing, under comparable transport conditions, to their final destination at the earliest opportunity":

https://www.legislation.gov.uk/eur/2004/261/article/8

The interpretation of the legislation then comes into play - the EU publishes a guidance document that includes (in 4.2):

If passengers are offered the option of continuation or re-routing of a journey, this must be ‘under comparable transport conditions’. Whether transport conditions are comparable can depend on a number of factors and must be decided on a case-by-case basis. Depending on the circumstances, the following good practices are recommended:

[...]

(c) reasonable efforts are to be made to avoid additional connections; [...]

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C_202405687

and the CAA also issues a comprehensive guide to its interpretation of rerouting obligations, see chapter 4 in particular at https://www.caa.co.uk/publication/download/18744

This is all just guidance though, rather than clearly defined legal obligation - you can certainly ask to be rerouted on another airline offering direct flights (citing the above), but don't be shocked if they decline, especially if the direct flights are significantly more expensive, which then puts you in the position of having to try to reclaim the associated costs from them if you decide to book yourself.

la531983

buckolfc said:

To connect will add at least 4 hours to our journey. I can see that logic for the airline but what are my legal rights? 

You could spend 4 hours in the queue in the US to clear immigration.....

Ayr_Rage

If rebooking on another airline means a change of dates due to their interpretation of "earliest opportunity" would that be acceptable?

You might find yourself in a difficult place at that point, either take those new dates or having to take a refund and arrange new flights yourself.

I'd take the "via Dublin" offer.

daveyjp

The Dublin stop isn't an inconvenience.  Immigration takes 45-60 minutes, rather than potentially hours in the US.  The only potential downside is if the connection uses an ATR the luggage hold is small and not large enough if all 70 passengers have baggage for two weeks in the US.

buckolfc

eskbanker said:

buckolfc said:

Below is the legal right but it isn’t black and white so I want to know if I am able to demand this option.

“Although most airlines will book you onto another of their flights to the same destination, if an alternative airline is flying there significantly sooner or other suitable modes of transport are available then you may have the right to be booked onto that alternative transport instead”

I don't know where that wording is from but the legal right is defined by article 8.1.b of the UK261 regulations, which simply states that the airline is obliged to offer (inter alia) "re-routing, under comparable transport conditions, to their final destination at the earliest opportunity":

https://www.legislation.gov.uk/eur/2004/261/article/8

The interpretation of the legislation then comes into play - the EU publishes a guidance document that includes (in 4.2):

If passengers are offered the option of continuation or re-routing of a journey, this must be ‘under comparable transport conditions’. Whether transport conditions are comparable can depend on a number of factors and must be decided on a case-by-case basis. Depending on the circumstances, the following good practices are recommended:

[...]

(c) reasonable efforts are to be made to avoid additional connections; [...]

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:C_202405687

and the CAA also issues a comprehensive guide to its interpretation of rerouting obligations, see chapter 4 in particular at https://www.caa.co.uk/publication/download/18744

This is all just guidance though, rather than clearly defined legal obligation - you can certainly ask to be rerouted on another airline offering direct flights (citing the above), but don't be shocked if they decline, especially if the direct flights are significantly more expensive, which then puts you in the position of having to try to reclaim the associated costs from them if you decide to book yourself.

This is really helpful. Thanks 

clt1979

Let us know how you get on as we are in the same boat and it is an inconvenience.