Risks of Flying
Denise Fanning, Solicitor and Aidan McGrath, Legal Advisor and Claims Handler, DAS
s the holiday season is upon us we thought that it was high all necessary steps or that it was impossibel to take such
A time that you consider your rights as a consumer when flying.
Every year there are thousands of complaints made by
customers against airlines for inadequate service rendered. If asked
measures. The value of an SDR is based on a number of
international currencies. The SDR is calculated on a dalily basis
by the International Monetary Fund.
each one of us would be able to recall at least one incident whereby It is important to follow these steps to claim
they have fallen victim to one of the pitfalls of travelling with one
! You must complete a Passenger Irregularity Report or PIR at
of the major airlines. There has been such an increase in the
the airport which should be provided to you by the airline and
complaints made that Paul Kilduff’s book ‘Ruinair’ spent eight weeks
keep a copy of same.
as the no 1 Irish non – fiction bestseller. Therefore, we thought
! In case of damaged luggage you have to write a letter to the
that it was very appropriate, particularly at this time of year to set
airline within 7 days from the date of the receipt of the luggage
out your rights as a traveller. Firstly, rules exist setting out the
including a copy of the PIR.
minimum information which airlines must provide to the traveller.
! In case of delay a written complaint must be made to the airline
In Ireland, all advertisements for airfares must include comprehensive
within 21 days of receipt of the luggage including a copy of
information about the full cost and availability of the fare which is
the PIR.
on offer. This is provided for in the Consumer Information
Rights to compensation for lost luggage only arises if the airline
(Advertisement of Airfares) Order 2000. The primary legislation
admits the loss of the checked baggage and/or the checked luggage
dealing with air travel is the Montreal Convention 1999. This sets
has not arrived at the expiration of 21 days from the date it was
out that all passengers should be given a document containing
supposed to have arrived.
the place of departure and destination, a notice showing when the
Convention applies and its liability limits for death, injury and delay, Check-in and boarding
destruction or loss of luggage. If you have a valid ticket and you have confirmed your
Under the Montreal Convention 1999 which was transposed reservation and presented yourself at check-in at the airport within
into Irish Law by the Air Navigation and Transport Act 2004 your the time specified by the airline but you are not allowed to board
entitlements are as follows:- the aircraft because the flight is overbooked, you are entitled to
You can make a claim up to a maximum of 1,000 SDRs (Strict compensation under EU law.
Drawing Rights) which is equivalent to approximately €1200.00 If you are denied boarding and have not received sufficient
for checked baggage whether the baggage is lost, delayed or advance notice, the airline must give you:
missing. However, the airline is not liable if it can prove that it took ! a choice of either a refund of your ticket (with a free flight back
“Under the rules
passengers are not entitled
“However, under EC to financial compensation
Regulation 261/2004 if a flight is cancelled due
you are not entitled to to bad weather, political
unrest, a security threat,
financial compensation
unexpected flight risk or
if your flight is delayed”
strikes”
...Denise Fanning ...Aidan McGrath,
22 | July 2008