Bardarbunga
Four years ago, flights around Europe (and by extension, the world) were interrupted when the Icelandic volcano Eyjafjallajökull erupted. Now another Icelandic volcano, Bardarbunga, threatens to erupt. While the scale of the eruption and its impact on the environment and air travel are unknown at this stage, travellers and holidaymakers around Europe will be watching the news with anticipation.
“Certainly, people need to be aware of what’s going on and what issues they might face if Bardarbunga erupts,” says Ian Brown, partner in the Travel, Tourism and Insurance Team at Stones Solicitors LLP. “The situation in the travel insurance world has changed since the last eruption, in that the Financial Ombudsman Service has stated that wind-borne volcanic ash constitutes poor weather conditions – some insurance companies had previously claimed it was an Act of God and therefore not routinely covered by policies.”
But the situation is still far from clear. Ian adds: “Even so, people should still check the wording of their insurance policy about this issue and, if they are not sure they are covered, contact their insurance company for guidance.”
If Bardarbunga does erupt, and consequently causes air travel chaos, what should the prudent traveller be thinking about? The Travel, Tourism and Insurance Team at Stones provide the following pointers:
If my flight is delayed, what compensation can I claim?
If the plane arrives three or more hours late to its destination, each passenger may be entitled to up to €600 in compensation, so long as the flight is delayed due to a fault of the airline. However, if the flight is delayed through no fault of the airline, and is due to an ‘extraordinary circumstance’ then the airline is not obliged to compensate.
Is an ash cloud an ‘extraordinary circumstance’?
Yes, it is. The effect of this is that should a flight be delayed as a result of volcanic ash, then passengers are not entitled to compensation as a result.
In this instance, can I claim using my insurance?
It might be possible to claim compensation from your insurer when the delay is not the airline’s fault. Insurance companies’ policies vary, and as ever, travelers are advised to read their policy wording thoroughly. Typically, the more expensive, or premium policies offer protection for flight delays. Some insurers offer cover specifically for delays caused by volcanic ash, as a ‘top-up’ or ‘add-on’ to basic cover.
Do the ‘delayed flight regulations’ offer any assistance?
According to the European Court of Justice, even if a long delay is caused by ‘extraordinary circumstances’, the airline is still responsible for providing its passengers with a welfare package (the airline is liable for accommodation, refreshments, transport and some communication) should they require one.
What if my flight is cancelled?
If a flight is cancelled, for any reason, passengers are entitled to either:-
- a replacement flight to the same destination at a time that is convenient to them, or;
- a full refund of the unused parts of their tickets, as well as a return flight to the airport that they first departed from.
These options apply to all cancellations, irrespective of whether the circumstances are extraordinary or not.
Can I make a claim on my travel insurance?
While you can claim a full refund from your airline for a cancelled flight, your airline won't pay for any other elements of your trip such as cancelled hotels or hire cars and this is where a comprehensive travel insurance policy can prove to be beneficial. It is important when purchasing travel insurance to consider this and ensure your policy includes cover for irrecoverable losses as a result of delays or cancellation.
If I’m stranded abroad and my flight home has been cancelled due to volcanic ash, what should I do?
It is European law that if passengers cannot return home on the flight they had booked then it is the liability of the airline to provide refreshments, travel, accommodation for, and communication with, its passengers.
Is my package holiday protected?
If you are travelling on a package deal, the tour operator is responsible for delivering the promised holiday, and they must refund money if the trips have to be cancelled; they are also responsible for getting customers home if flights are disrupted. If a traveller is unable to return home owing to flight disruption, then the tour operator will normally accommodate customers in the same or similar hotel they have been staying in. Particular arrangements depend on the tour operator’s terms and conditions.