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Q. I was stuck in Spain for over a week when the volcanic
ash grounded planes. I spent a lot of money on hotels during the
extra week. Now my employer won’t pay me for the time off and I am
seriously out of pocket. What are my rights?
04.05.10
Unfortunately your employer is not obliged to pay you for this
unplanned time off work despite the unusual circumstances. You could
ask your employer if you can use any remaining annual leave for the
extra week although your employer is not obliged to grant this
request.
Under EU regulations everyone who was grounded by the volcanic ash
and who was flying within the EU or on an EU airline should be given
the option of a refund or a re-booking. If you are travelling from
outside Europe on an airline based outside the EU these regulations
do not apply – so you should check with the airline. Your airline is
not obliged to pay you compensation for the delay since it is
regarded as being caused by an Act of God.
However if you are waiting for your airline to get you home on a
rebooked flight, your airline does have to compensate you for the
cost of food and accommodation during the wait (even though the
flight cancellation and delay were the result of extraordinary
circumstances beyond the control of the airline). If you made your
own way back home you are not entitled to be reimbursed for the
journey or any food or accommodation costs you incurred.
You should submit a claim directly to the airline and include copies
of all receipts for food and accommodation. If the airline does not
respond within 10 working days you can make a complaint to the
Commission for Aviation Regulation. You will find complaint forms
and other information on the Commission’s website:
www.aviationreg.ie .
Citizens Information: Buncrana 074 9363496; Carndonagh 074 9373741
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