Legal rights due to plane cancellations - rights against airline?

[Pollyanna]

Hi there. We are due to fly back from switzerland on Monday but are looking at possible alternatives to get back.

The bbc website quotes someone from Which saying that there are EU rules in place giving us rights to alternative accomodation/flights if flights are cancelled. Does anyone know what these are and what the limits/conditions are?

We can't really afford to stump up for extra nights in a hotel/eurostar home for 7 people - our travel insurance policy is unclear about whether this is covered, and we are anticipating that there will be some exclusion that will apply!

From what I heard on R4 today, the airline will help if it is an EU carrier. The circumstances are outside normal travel insurance terms, but some insurers are making ex gratia payments - but these would only be where the airline is not an EU carrier. My DS is coming back from Switzerland next weekend so am already thinking about this as flights may well be disrupted for some time.

Will be interesting to see what happens. Is an airline responsible for a disruption caused by an 'act of God'? I'd have a hard time saying 'yes'.

A friend of mine was due home on Thursday. She has had to pay for her own accommodation and food, but is being offered an alternative flight home, just as soon as they are allowed to fly that is.

I would suspect the longer this drags on, and the more people affected, it will be unlikely that companies could afford to offer any 'goodwill gestures'. The cost would simply be too great.

Kid we have been offered the same - a return flight home. But who knows when that will be?

that is interesting Minthumbug - we are insured by Natwest.

The woman from Which who was on the BBC website said that there are EU rules which mean we should be offered alternative accomodation/food/money for phone calls.

have done some research - it is EU regulation 261/2004 - according to that we are entitled to have the cost of our accomodation plus transport home paid together with a refund for our original flight.

Of course Easyjet are just going to cough up aren't they?!

I think that ruling only covers it if the airline cancels thouhg, when all flights have been stopped by NATS then the airlines don't have a choice to cancel or not so will say they can't be held responsible.
Much sympathy though, it must be a ngihtmare.

Unfortunately, the regulation also states that -

"An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken."

Which I think means the airlines have a get out clause - clearly the ash is extraordinary circumstances. They still have an obligation to get you home, but not to pay any other expenses.

Ah, but if they have offered you a later flight then it has not been cancelled, just postponed. That would make a difference, would it not?

Have you called your insurance company?

The question is though if the passengers are offered an alternative, has the flight been cancelled (in a legal sense) or not.

Maybe someone knows?

no we need to speak to our insurance company in the morning - there was just an indian call centre open over the weekend which wasn't very helpful.

I really hope they can offer us something - it is going to cost us a fortune otherwise.

the wording of the regulation isn't very clear - there appear to be 2 or 3 types of compensation payable - some of which is payable in all circumstances (I think that is just the 2 phone calls/meals though). I have only got my information off wikipedia though so not very technical!