CAA launches legal action: regulator acts against three major airlines to protect UK passengers
• Aer Lingus, Jet2 and Wizz Air all face legal action for breaching consumer law
The UK Civil Aviation Authority (CAA) has today announced details of enforcement action against three major airlines, as the regulator steps in to safeguard the rights of millions of passengers.
The action follows the CAA’s comprehensive six-month review of airline policies in relation to supporting passengers during disruption, including their approaches to paying flight delay compensation and the provision of information about their rights. This review has already resulted in a number of airlines changing their policies, resulting in millions of passengers benefiting from improved support during disruption.
Despite extensive discussions, some airlines are yet to make the required changes, which has now resulted in the regulator commencing the legal phase of its enforcement process against Aer Lingus, Jet2 and Wizz Air. The three airlines are now required to make the changes set out by the CAA or face the prospect of a court order.
The specific issues uncovered by the CAA include:
• Both Jet2 and Wizz Air have failed to satisfy the regulator that they are consistently paying compensation for disruption caused by technical faults, despite the Court of Appeal (Jet2 v Huzar) clarifying that airlines must do so.
• Both Jet 2 and Wizz Air are imposing two-year time limits for passengers to take compensation claims to court, despite the Court of Appeal (Dawson v Thomson) ruling that passengers should have up to six years to take a claim to court.
• Jet2 and Aer Lingus have failed to give us satisfactory evidence that they proactively provide passengers with information about their rights, during disruption, in line with the requirements set out in regulation EC261.
Andrew Haines, Chief Executive of the CAA said:
“Airlines are well aware of the support they must provide when there is disruption and passengers have every right to be disappointed that a small number of airlines are not complying with the Court of Appeal rulings and continue to let people down in this way. Since the law was clarified last year, we have been active to ensure airlines are applying consumer law appropriately and I warmly welcome the response of those airlines that have changed their policies as a result of this work.
“Our job is not done until all airlines can demonstrate they are providing care, assistance and compensation as required by law. While we have no power to secure redress for individual consumers, we are determined to stand up for passengers and are taking this action to safeguard their rights, making sure all airlines consistently provide their passengers with the support and compensation they are legally entitled to.”
The CAA is using this process under the Enterprise Act 2002 to make sure all three airlines change their policies and give their passengers the support and compensation they are entitled to.
The CAA also has concerns about the way Ryanair is assessing some passenger claims. Although Ryanair is not applying a two-year limit on claims, the CAA has issued an information notice under Part 8 of the Enterprise Act 2002 to review the airline’s approach to assessing passenger claims for flights disrupted by technical faults.
The full reports of the CAA’s reviews of airlines’ approaches to compensation and providing passengers with information about their rights will be published on Monday 23 March. The CAA is committed to also publishing details of any future reviews and related enforcement action.
Notes to editors:
• The support passengers are entitled to during disruption – including information about their rights and financial compensation - is set out in European Commission regulation EC261/2004. More information on your rights during delays and cancellations is available from the CAA website
• The CAA’s review looked at the policies of the 15 airlines operating in the UK with the highest passenger figures. This covered over 80 per cent of the UK’s aviation market.
• As well as the airlines previously mentioned, the other airlines included in the review were: British Airways, easyJet; Emirates; FlyBe, KLM/Air France; Lufthansa; Monarch; Thomas Cook; Thomson Airways; United Airlines; and Virgin.
• The CAA is using its formal powers under Part 8 of the Enterprise Act 2002 to resolve the issues identified for the benefit of consumers and to ensure that airlines operating in the UK treat passengers fairly when adhering to the requirements under EC261/2004.
• The review was carried out as part of a new enforcement approach that places the onus of compliance on airlines, with the CAA targeting enforcement resources specifically at problem areas.
• The CAA’s regulatory enforcement policy is available here.
• While the CAA is not an ombudsman and does not have the power to force airlines to pay individual passengers’ claims, it can take action in the collective interest of consumers for breaches of consumer law.
• The CAA is the UK's specialist aviation regulator. Its activities include: making sure that the aviation industry meets the highest technical and operational safety standards; preventing holidaymakers from being stranded abroad or losing money because of tour operator insolvency; planning and regulating all UK airspace; and regulating airports, air traffic services and airlines and providing advice on aviation policy.
http://www.caa.co.uk/application.aspx?catid=14&pagetype=65&appid=7&mode=detail&nid=2437
• Aer Lingus, Jet2 and Wizz Air all face legal action for breaching consumer law
The UK Civil Aviation Authority (CAA) has today announced details of enforcement action against three major airlines, as the regulator steps in to safeguard the rights of millions of passengers.
The action follows the CAA’s comprehensive six-month review of airline policies in relation to supporting passengers during disruption, including their approaches to paying flight delay compensation and the provision of information about their rights. This review has already resulted in a number of airlines changing their policies, resulting in millions of passengers benefiting from improved support during disruption.
Despite extensive discussions, some airlines are yet to make the required changes, which has now resulted in the regulator commencing the legal phase of its enforcement process against Aer Lingus, Jet2 and Wizz Air. The three airlines are now required to make the changes set out by the CAA or face the prospect of a court order.
The specific issues uncovered by the CAA include:
• Both Jet2 and Wizz Air have failed to satisfy the regulator that they are consistently paying compensation for disruption caused by technical faults, despite the Court of Appeal (Jet2 v Huzar) clarifying that airlines must do so.
• Both Jet 2 and Wizz Air are imposing two-year time limits for passengers to take compensation claims to court, despite the Court of Appeal (Dawson v Thomson) ruling that passengers should have up to six years to take a claim to court.
• Jet2 and Aer Lingus have failed to give us satisfactory evidence that they proactively provide passengers with information about their rights, during disruption, in line with the requirements set out in regulation EC261.
Andrew Haines, Chief Executive of the CAA said:
“Airlines are well aware of the support they must provide when there is disruption and passengers have every right to be disappointed that a small number of airlines are not complying with the Court of Appeal rulings and continue to let people down in this way. Since the law was clarified last year, we have been active to ensure airlines are applying consumer law appropriately and I warmly welcome the response of those airlines that have changed their policies as a result of this work.
“Our job is not done until all airlines can demonstrate they are providing care, assistance and compensation as required by law. While we have no power to secure redress for individual consumers, we are determined to stand up for passengers and are taking this action to safeguard their rights, making sure all airlines consistently provide their passengers with the support and compensation they are legally entitled to.”
The CAA is using this process under the Enterprise Act 2002 to make sure all three airlines change their policies and give their passengers the support and compensation they are entitled to.
The CAA also has concerns about the way Ryanair is assessing some passenger claims. Although Ryanair is not applying a two-year limit on claims, the CAA has issued an information notice under Part 8 of the Enterprise Act 2002 to review the airline’s approach to assessing passenger claims for flights disrupted by technical faults.
The full reports of the CAA’s reviews of airlines’ approaches to compensation and providing passengers with information about their rights will be published on Monday 23 March. The CAA is committed to also publishing details of any future reviews and related enforcement action.
Notes to editors:
• The support passengers are entitled to during disruption – including information about their rights and financial compensation - is set out in European Commission regulation EC261/2004. More information on your rights during delays and cancellations is available from the CAA website
• The CAA’s review looked at the policies of the 15 airlines operating in the UK with the highest passenger figures. This covered over 80 per cent of the UK’s aviation market.
• As well as the airlines previously mentioned, the other airlines included in the review were: British Airways, easyJet; Emirates; FlyBe, KLM/Air France; Lufthansa; Monarch; Thomas Cook; Thomson Airways; United Airlines; and Virgin.
• The CAA is using its formal powers under Part 8 of the Enterprise Act 2002 to resolve the issues identified for the benefit of consumers and to ensure that airlines operating in the UK treat passengers fairly when adhering to the requirements under EC261/2004.
• The review was carried out as part of a new enforcement approach that places the onus of compliance on airlines, with the CAA targeting enforcement resources specifically at problem areas.
• The CAA’s regulatory enforcement policy is available here.
• While the CAA is not an ombudsman and does not have the power to force airlines to pay individual passengers’ claims, it can take action in the collective interest of consumers for breaches of consumer law.
• The CAA is the UK's specialist aviation regulator. Its activities include: making sure that the aviation industry meets the highest technical and operational safety standards; preventing holidaymakers from being stranded abroad or losing money because of tour operator insolvency; planning and regulating all UK airspace; and regulating airports, air traffic services and airlines and providing advice on aviation policy.
http://www.caa.co.uk/application.aspx?catid=14&pagetype=65&appid=7&mode=detail&nid=2437
