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Volcanic Ash Travel Disruptions - A Guide to Claiming Back your Expenses
Introduction.
This guide, whilst designed in the wake of the Volcanic Ash Travel Disruption of April 2010, applies to all disrupted flights within the European Union (EU). This guide will not apply if your flight was outside of the EU unless you were travelling with an EU airline.

Many trade unions offer 30 minutes of free legal advice for members and you should check your union's website to see if this service available to you should you require any further advice.

What is the Law?
The law that surrounds this area falls under the Denied Boarding Regulations (Regulation (EC) 261/2004). This sets out the rules in relation to compensation and assistance in situations where individuals are facing long delays and/or cancelation of flights.

The regulations apply to anyone who is travelling to or from an EU airport who had a confirmed reservation on a flight which was disrupted. Individuals who booked a package holiday will have more protection under the regulations than those who booked flights separately.

What is A Package Holiday?
For a holiday to be classed as a package holiday it must ;

1. contain any two of the following; transport (i.e. flights), accommodation or other tourist services (i.e. excursions) and
2. be prearranged and
3. at an inclusive price and
4. for longer than 24 hours/or at least contains an overnight stay

Leaving the UK During the Disruption
If you had booked a package holiday within the EU, and your flight could not be re-arranged until at least 12 hours later, you are entitled to be offered a refund by your tour operator. This is a refund of the full package price, not just the flight element.

The Regulations states that, when a flight is cancelled, you should have a choice between a refund or re-routing at the “earliest opportunity” or at a “later date at the passenger's convenience subject to availability".

Returning to The UK During The Disruption
Individuals on package holidays should have been provided with replacement transport home by their tour operator.

The Regulations requires airlines, who are unable to rearrange this transport within 12 hours, to offer individuals;

• meals.
• refreshments.
• hotel accommodation.
• transport costs between the hotel and the airport.

There are no time or monetary limits on the provision of this assistance. If your airline has not provided this assistance, and you have had to arrange and pay for accommodation and food yourself, you can claim your costs back from the airline.

In order for your tour operator to process your claim quickly and efficiently you should write to the airline as soon as possible enclosing a copy of any receipts you may have for your accommodation and meal expenditure. Make sure you provide all the details the airline will need to process your claim, for example, your name, address, flight details etc.

I Did Not Book a Package Holiday – Am I Covered?
If you booked your flights and accommodations separately, you will still be able to claim compensation back for the flight under the above regulations. However, you may not be able to claim a refund for your accommodation costs. You should still try to claim for expenses from the airline or alternatively make a claim on your travel insurance policy. It will be down to your individual insurance policy whether or not you are covered for your losses.

Am I Entitled to Additional Compensation i.e. For Missing Days Off Work?
It is unlikely that you will be able to make a claim for additional compensation outside of what the regulations cover. Because the disruptions were caused by an ‘Act of God’ outside of anyone’s control, there is no negligence and therefore no liability on the airlines to compensate you for additional loss.

If you have been informed that your employer will be deducting an amount from your earnings as a result of you being unable to attend work as a result of the disruptions you should contact your Union who will be able to advise you about this.

My Flight Is Not Covered By the Regulations – Can I Claim?
You may not be able to claim compensation for losses if your flight was outside of the EU or not provided by an EU air carrier however the Air Users Council have stated the an airline industry Recommended Practice on conditions of carriage provides for re-routing "within a reasonable period of time" and "without additional charge".

It is always worth reading through the airline's conditions of carriage to see if you are able to make a claim.

How Do I Make A Claim?
Step One
Put a complaint in writing to the holiday company, stating your name, address, reference number etc. Ensure that you provide as much information about the problem as possible. Quote your flight number, times and dates where you were effected and the names of anyone you spoke to from the airline. Enclose copies of any receipts you may have to show the loss you have suffered. Make sure you keep the originals as you may need them in the future.

You can also request a copy of the airline's internal complaints policy so you can see how and when your complaint should be dealt with.

Step Two
If you have completed the internal complaints procedure and are unsatisfied with the airline's response, you can take your complaint further to ABTA or the Air Users Council (contact details below).

Step Three
Ultimately if you are unhappy with the response you can take the airline to Court in order to recover your loss. You have a time limit of 6 years in order to bring a claim to Court.

If the amount you are claiming is under £5000 you will need to issue a claim in the Small Claims Court. You will not need to instruct a Solicitor but there will be costs involved.

Follow the link to read Thompsons Solicitors’ Small Claims Court Fact Sheet.

If your claim is for £5000.01 or more you will need to instruct a Solicitor to deal with your case.

Other sources of help and information:-
ABTA
Tel: 0901 201 5050
Website: http://www.abta.com/home

Airport Users Council
Tel: 020 7240 6061
Website: http://www.auc.org.uk/

Consumer Direct
Tel: 08454 040506 (Mon-Fri 8.00am-6.30pm; Sat 9.00am-1.00pm)
Website: www.consumerdirect.gov.uk

THIS FACT SHEET IS INTENDED AS A GENERAL STATEMENT OF THE PROCEDURE AND DOES NOT PURPORT TO RENDER SPECIFIC ADVICE, LEGAL OR OTHERWISE. SPECIFIC ADVICE ON A PARTICULAR PROBLEM SHOULD ALWAYS BE SOUGHT.

Last updated 29/04/2010 CC

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Personal Injury Law Review Summer 2007
Justice for dock workers
The Court of Appeal has ruled – in Wright & Thompson -v- Secretary of State for Trade & Industry – that dock workers who were registered under the National Dock Labour Board scheme can sue the government if they develop an asbestos related disease.

Thousands of dock workers, who were employed in ports around the UK, will benefit from the decision as it will make it easier for those with conditions such as mesothelioma, asbestosis and pleural thickening, to claim compensation.

Many of those affected were exposed to dangerous asbestos dust while removing raw asbestos from cargo ships in port.

The asbestos was imported during the 1950s and 1960s in sacks, which would often split as they were unloaded. The dockers were never provided with any protection from the harmful dust.

Until now, some workers had to identify the individual ship owners to claim compensation. This was very difficult as many of the shipping companies no longer exist.

Smoke free workplaces
Following the introduction of the Health Act 2006, smoking in all enclosed public spaces and workplaces will be outlawed from 1 July 2007 in England. Wales, Scotland and Northern Ireland are already smoke-free.

The regulations are a health and safety measure to protect workers from the health risks of passive smoking.

With limited exemptions, smoking will be banned in all indoor places such as offices, shops, schools, hospitals, pubs, restaurants, theatres, cinemas, casinos and public transport.

Workplace vehicles will also be included if they are used by more than one person at any time, unless they have no roof or the roof is completely stowed away.

The law will apply to all places that are fully enclosed or “substantially enclosed”, meaning premises that have a ceiling or roof (including retractable structures such as awnings) and less than half of the perimeter walls have openings other than windows or doors. Temporary or moveable roofs or walls do not attract an exemption .


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28th June 2007

NEWS IN BRIEF
WE’RE ALL GOING ON A …
Following an earlier consultation on statutory holiday entitlement, the Government has now published regulations increasing the number of holidays from 20 to 24 from October this year. These will be increased to 28 days from April 2009. The Government has calculated that about six million workers will benefit.

The regulations state that:

• To encourage early implementation, companies who offer their workers 28 days leave or more by 1 October 2007 and meet certain other related standards, will not have to abide by the new legislation, as long as they continue to meet these standards
• As a transitional measure, companies will be allowed to “buy out” the additional leave entitlement (the four extra days) introduced in October 2007, but only until 1 April 2009
• All part-time workers will be entitled to the extra holidays on a pro-rata basis

The DTI will set up an online calculator to make it simpler for everybody to work out their new holiday entitlement.

To download a copy of the consultation response, go to:
www.dti.gov.uk/files/file39592.pdf