Legal column: Am I entitled to compensation for cancelled flight?

Q: I was meant to go on holidays to Spain two weeks ago with my partner. We were very excited and had arrived at the airport well in advance.

We were shocked to be told firstly, that our flight would be delayed, but secondly, that it was cancelled and we would not be flying out until the following day.

It was an absolute disgrace. We were waiting around with no explanation.

We were sent to a hotel overnight but did not get our baggage so we could not change clothes. My partner got sick as he was in shorts and a t-shirt in the bad weather. When we eventually took off, he felt very sick.

Our holiday was not only cut short but ruined as my partner spent the week unwell in bed. Is there anything I can do?

A: First of all, we are very sorry to hear about this ordeal.

It sounds like an unacceptable portion of your holiday time was spent in the airport waiting to depart. No doubt that this was disappointing.

As an air passenger, you are also a consumer who has paid for a service.

Therefore, you are entitled to rely on your consumer rights and these may well have been breached in this instance.

Under European Union Law, EU Regulation 261/2004 provides protection for certain types of passengers, including those departing from an EU airport.

This piece of law has specific remedies for cancelled and delayed flights. If your flight was cancelled or delayed then you may be entitled to compensation.

This would be based on the individual facts of each complaint.

The relevant factors would include: The length of time of the delay and the reasons behind the delay and/or cancellation. Compensation under this regulation can be up to €600.

It is advisable to keep an account of the ordeal and perhaps write down the details at this early stage as memories fade.

You should also contact the airline and request a print out of the flight itinerary, which should contain more information that may not have been communicated to you at the time.

If you booked the holiday as part of a package, or through a travel agent, then you have protection and may be entitled to claim compensation from them for the loss of enjoyment as a result of the delay and/or cancellation.

A travel agent is responsible for the proper performance of the package as a whole and thus may have a duty to you where your outward travel was not as described and led to disastrous consequences for yourself and your partner in relation to your holiday.

Holidays abroad are well earned and you should be entitled to enjoy them. Your right to claim compensation is entirely based on the specific circumstances of your complaint.

Your local solicitor will advise you of your options and on how best to proceed.

Sarah McNulty is a solicitor at Cantillons Solicitors of 39 South Mall, Cork, an award winning law firm practising in all areas of litigation.

Since the firm was founded in 1980, they have been involved in precedent making cases, amongst them Best v Wellcome, Louise O’Keeffe v Ireland, Russell v HSE and Gibson v HSE, a medical negligence claim, in which they achieved damages of €23m, the highest ever award in Irish personal injury litigation to date.

This weekly column is a readers’ service and is not intended to replace professional advice.

No individual correspondence will be entered into. Email your queries to legalqueries@cantillons.com