Lawsuit Threat for Flyglobespan

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Irish Voice News

Lawsuit Threat for Flyglobespan

July 12, 2007

By Cahir O’Doherty

LEGAL action will soon follow if Flyglobespan, the low cost airline that stranded passengers for four days at JFK Airport in New York last week, does not meet its obligations to passengers of its recent ill-fated Knock flight, Irish attorney Desmond O’Carroll told the Irish Voice this week.

O’Carroll, whose plane was grounded for four days at Terminal 4, learned this week that that when a cancellation has lasted for more than 24 hours, each passenger is entitled under EU regulations to *600 compensation per person, as well as refund from the airline company for the cost of the cancelled flight.

To date, however, O’Carroll believes that Flyglobespan has not mentioned this rule to any of the 239 stranded passengers on his cancelled flight.

Speaking from Dublin, where he is currently on business, O’Carroll told the Irish Voice, “There are factors involved for many of the grounded passengers in this case that would give them good cause for pursuing further action in terms of the many hardships and the related issues that arose for them. It remains to be seen if individuals want to pursue those actions individually or if they wish to proceed by way of a class action.”

O’Carroll, with assistance from other stranded passengers, is currently working on a letter of complaint which he intends to file with Flyglobespan and also intends to forward to Irish state agencies like the Aviation Authority.

“A lot of people are still playing catch up since their original plans were upended by the delays,” says O’Carroll. “I hope to have the final draft of this letter sent out this week. It’s a necessary first step to get the company to honor its obligations under the Air Passenger Rights Regulation.”

O’Carroll asserts that even if Flyglobespan pay the compensation they are eligible to, there are factors involved that give good grounds to passengers to pursue further legal action.

Says O’Carroll, “Some passengers became ill. Others were hospitalized. Others were delayed and missed important deadlines. They all paid a price for missing their flights.”

O’Carroll has leaned that in previous weeks Flyglobespan flights had undergone issues that included delays, lost baggage, and re-directed flights. “Our story is part of a bigger story which is basically that they were running a woeful service,” he added.

“Once I read on their website that Flyglobe-span would not offer a refund to any passenger who made alternative arrangements - well, whatever hopes they might have had about some kind of conciliation were out the window. That was the final insult.”

O’Carroll is currently catching up on personal commitments in Ireland, but vows that as soon as he has the opportunity he will give the effort to demand justice the attention it deserves.

“I’m just going to get stuck into this as soon as possible. I have the contact details for all the people on the flight. As soon as we all come to a consensus, I will press ahead. They are headed for some serious losses because of this.

“One of our first ports of call as I informed the managing director of Ireland West Airport, Liam Scollan will be with the Commission for Aviation Regulation here in Dublin. They are the people who are responsible for issuing licenses for airlines operating services into and out of Ireland. I will submit a brief to them next week.”

Asked if he has any sympathy for the position that the staff of Ireland West Airport, Knock find themselves in, O’Carroll is candid.

“Of course I see the conflict of interests there. I see the benefit to the region that this airport represents. But we as passengers also have rights in this situation. What we will be saying to the Commission for Aviation Regulation is that no one will tolerate the lack of service by this company. It will be their decision as to whether or not to revoke their license.”

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