Dáil Éireann Debate, Tuesday - 10 February 2026
379. Deputy Pa Daly asked the Minister for Transport if his attention has been drawn to a case of an elderly passenger (details supplied) who was medically unfit to travel, notified Aer Lingus in advance, and provided hospital admission documentation, yet has not received a response or determination in respect of a refund request; and if he will make a statement on the matter. [10199/26]
View answer383. Deputy Pa Daly asked the Minister for Transport the engagement his Department has with airlines operating in the State regarding compassionate refund policies and customer service standards for elderly or medically unfit passengers; and if he will make a statement on the matter. [10342/26]
View answerI propose to take Questions Nos. 379 and 383 together.
Regulation (EU) 1107 of 2006 ("EU 1107") concerns the rights of disabled persons and persons with reduced mobility when travelling by air. It establishes rules for the protection of and provision of assistance to such persons. Responsibility for the enforcement of EU 1107 for flights departing Ireland lies with the Irish Aviation Authority.
Article 9 (1) of EU 1107 requires all the managing bodies of all airports whose annual traffic is above 150,000 passenger movements to set quality standards for assistance, as specified in Annex I of EU 1107, and to determine resource requirements for meeting them. The assistance specified in Annex I includes assisting passengers with disabilities or with reduced mobility through the airport to or from the aircraft (e.g. though check in, storage and retrieval of baggage, emigration, security, customs, etc.).
Similarly, Article 10 of EU 1107 sets out that air carriers shall provide assistance, as specified in Annex II of EU 1107, without additional charge, to a disabled person or person with reduced mobility departing from, arriving at or transiting through an airport to which the Regulation applies. This includes carriage of assistance dogs and mobility equipment, where required, making all reasonable efforts to arrange seating to meet passengers' needs and assistance in moving to toilet facilities.
EU 1107 does not itself set specific customer service standards - it requires airports and air carriers to provide assistance in accordance with Annexes I and II, as set out above. Proposals to strengthen the enforcement of passenger rights, including the rights of air passengers with disabilities or reduced mobility under EU 1107, are currently being negotiated between the EU Council and the European Parliament. These include proposals to strengthen service quality standards in order to better monitor the performance of travel providers across all modes of transport, including air travel.
Compassionate refund policies are commercial matters that fall solely within each airline’s own terms and conditions of carriage and do not fall within the scope of either EU 1107 or Regulation (EU) 261 of 2004 on the rights of air passengers in the event of denied boarding, cancellation or long delay to flights. Therefore, neither I, nor the IAA, have any role in respect of airlines’ compassionate refund policies.
