Three airlines face legal action from the CAA
Aer Lingus, Jet2 and Wizz Air are facing legal action from the Civil Aviation Authority for breaching consumer law.
The move comes after the CAA carried out a six-month review of airline policies on compensating passengers for delays and supporting them in times of disruption.
The CAA said despite extensive discussions, some airlines are yet to come into line.
So, it is now starting the legal process to force Aer Lingus, Jet2 and Wizz Air to adhere to the rules.
It said it 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,” it explained.
In a statement today, the CAA said:
– 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.
– 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.
CAA chief executive Andrew Haines 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 taking the legal action under the Enterprise Act 2002.
Full reports of the CAA’s review will be published on Monday (March 23).
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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