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What are my rights if industrial action at Aer Lingus affects my holiday plans?

Q&A: If the work to rule from June 26th by pilots impacts on my holiday plans, what can I do?

Pilots at Aer Lingus are to start an indefinite work to rule from June 26th which is expected to cause some disruption to flights. Photograph: Damien Storan/PA
Pilots at Aer Lingus are to start an indefinite work to rule from June 26th which is expected to cause some disruption to flights. Photograph: Damien Storan/PA

How is the work to rule by pilots likely to impact the travelling public?

Again, we don’t know for sure. We are heading into the busiest travelling time of the year though and Aer Lingus is likely to be flying in excess of 40,000 passengers every day until the end of the summer.

What the pilots have said is the work to rule means they will only work the published rosters and will not accept “working any amendments to published rosters”. They also said the pilots will also not log into the Aer Lingus portal or “e-crew” outside work hours, nor will they answer phone calls outside of work hours. The impact of these actions on flight schedules to is hard to predict but, as the action is “indefinite” it seems reasonable to expect some level of disruption.

How will Aer Lingus respond?

If there is industrial action and Aer Lingus can’t fly some of its own planes, it may look to hire aircraft and crews from other airlines to fly key routes.

It will be helped in that endeavour because it is part of the IAG group which also owns British Airways and Iberia but it is the busiest time of year for those airlines too so the availability of other planes will be limited.

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If my flight is cancelled due to industrial action, what are my rights?

The airline has clear obligations to all its passengers under EU Directive 261. If you are travelling to another country and your outbound flight is cancelled then Aer Lingus will have to offer a refund or a rerouting on the next available flight or at a later time of your choosing.

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And what happens if I am overseas and due to come home on a cancelled flight?

You have the same rights under EU Regulation 261 to a refund or a rerouting on the next available flight or at a later time of your choosing.

The airline also has an obligation to get their passengers home and take care of them overseas until they are in a position to do so.

That means passengers are legally entitled to meals and refreshments while stranded and if necessary, it will have to cover the cost of hotel accommodation and transport between the hotel and the airport.

And will the airline sort out my accommodation and my food?

It might but more probably it won’t. If you’re overseas and the airline does not provide the care and assistance it is supposed to, you will have to make your own reasonable arrangements.

The definition of reasonable is loose but people who stay in a modestly-priced hotel and eat in modestly-priced restaurants while waiting for the industrial action to end, will be able to claim that money back. It is incredibly important to retain all receipts because they will be needed to make the claim.

And do I send the receipts to the airline?

It is important that you send copies (it is very important the original documentation is never sent in case it goes missing) of all receipts to Aer Lingus.

Submissions should also include booking references, passenger names, original and new flight details. If you do not get your money back in a reasonable time frame – four weeks say – contact the Irish Aviation Authority.

And can I be compensated?

There is a good chance you can expect compensation. While strikes by baggage handlers or air traffic controllers are considered extraordinary circumstances beyond the control of Aer Lingus, internal industrial action is not, which means compensation due under EU regulations must be paid.

The amount of compensation payable depends on the distance of the flight. If the flight is classed as short haul, the amount payable is €250 per person. It is €400 for a medium-haul flight and €600 per person for long haul.

To give you a sense of the distances, Dublin to Paris is short haul, Dublin to Barcelona is medium haul and Dublin to New York is long haul.

And will the airline cover the cost of the hotel accommodation lost?

No. But some travel insurance holidays might cover travel disruption. A great many do not so you would need to check the terms and conditions carefully.

Conor Pope

Conor Pope

Conor Pope is Consumer Affairs Correspondent, Pricewatch Editor