Airline bodies lose compensation fight

Saturday, 10 Jan, 2006 0

The European Low Fares Airlines Association has lost its fight to overturn what it claims is an “unfair and discriminatory” ruling over passenger compensation.

The European Court of Justice this morning dismissed their appeal against EC legislation that paves the way for consumers to be compensated for flight delays beyond the control of airlines.

Easyjet, one of ELFAA’s member airlines, called on the EC to re-think the regulations.

ELFAA argued that rail and ferries are not subject to the same rules and that compensation levels are not related to the price of the fare. Compensation levels will be “ridiculous”, it said.

Secretary general Jan Skeels said: “It is very disappointing that the court has failed to overturn what is clearly a bad piece of legislation that does nothing for consumers and seriously undermines the competitiveness of the European air transport industry.

“Although overbooking of flights is a commercial practice of some airlines which should rightly be punished, delays and cancellations are usually beyond the control of airlines. This legislation only makes the problem worse by creating the expectation among passengers that they are entitled to ridiculous amounts of compensation.”

She added there was no consultation with airlines, no assessment to determine if it was necessary and no study on the cost to airlines.

Easyjet said compensation payments will be flat fee irrespective of the fare paid. Communications director Toby Nicol said it will be paying £172 to passengers who have paid only £42, the average fare.

He said the rules should at least exempt airlines from having to fork out for events outside of their control, such as weather, strikes and air traffic control problems.

Report by Steve Jones



 



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