Aer Lingus paid more than €8,000 plus costs to the family of a boy with serious medical conditions who was disappointed not travel to Orlando on the national airline on a Share a Dream trip.
The good news was that Rian Stack and his family from Cork did manage to get to Orlando with another airline instead for the trip in 2019.
And some even better news emerged from the eleven-year-old boy himself after the case when he told of the family’s latest plans to travel to Disneyland. Between that and plans for a celebratory Capri-Sun drink, Rian Stack was happy after his visit to court.
However, it was the disappointment of not being able to fly with Aer Lingus which was first dealt with at the ruling of the settlement offer by Judge Joanne Carroll at Cork District Court.
The family’s solicitor, Amy Connolly from Cantillon Solicitors, said, “Rian is a young boy who has a tracheostomy and is a wheelchair user. He suffers with a neuromuscular condition, myotublar myopathy as well as a respiratory condition and scoliosis. He does not have an intellectual disability.
“On or about January 20 2019 Aer Lingus agreed to provide business class return flights from Dublin to Orlando to the claimants departing on October 15 2019 and returning on October 31.
“Rian, his parents and younger brother were travelling to Orlando, along with Rian’s grandparents and a nurse. His aunt and uncle were to join them a few days later. Rian was required to lie flat for periods during the course of the long-haul flight and also required the use of a portable oxygen concentrator (POC). The Aer Lingus’s website said it permitted the use of approved POCs.”
The solicitor said Aer Lingus later informed the family on August 22 2019 that the POC, which the family supplied themselves, was not permitted in the business class cabin and could only be allowed in the economy cabin as it could not be secured under forward seat storage in business class.
“Rian’s parents feared the entire trip would be placed in jeopardy and as a result they contacted KLM/Delta Airlines who were in a position to accommodate Rian using the POC in business class with no difficulty.
“The events caused significant stress, inconvenience and financial loss and expense as a result of the acts of the respondent,” Ms Connolly said.
Judge Carroll said, “In fairness, Aer Lingus have made a very good settlement, totalling €8,250. I order it be paid out immediately. I am also going to order the costs be paid by Aer Lingus.”
Rian’s father, Stephen Stack, said the family was happy with the settlement. He said the case was about access and would not have been taken had Aer Lingus been consistent in the application of some of its own policies.
Judge Carroll said, “To be fair, Aer Lingus are usually very very good. They are an excellent carrier and they would have had to undertake a risk assessment. No doubt they will learn from the case. I have no doubt Aer Lingus will rectify the position going forward.”
To the Stack family, Judge Carroll said, “I commend you for your tenacity.
Orla Stack said afterwards, commenting generally about their son’s life as a wheelchair user, “This won’t be the last fight we have. We come across things every month. That is the reality for a wheelchair user in Ireland.”