New proposals were announced today by Transport Secretary Grant Shapps to make it easier for passengers to claim compensation from airlines if things go wrong. The proposals that will be consulted are in part because we are no longer part of the EU that had previously made the EU261 compensation scheme.
For domestic travel, the government proposes to use the current compensation model used by rail and ferry customers instead of current ‘set rate’ model. Passengers would instead be able to claim compensation based on the length of the flight delay and linked to cost of travel rather than having to meet a certain threshold – which is currently a 3-hour delay. Currently, you get a flat rate of £220 if you are delayed by 3 hours or more. Under the new proposals you would get
- 25% of ticket price for 1 to <2 hours delay
- 50% of ticket price for 2-<3 hours delay
- 100% of ticket price for 3+ hours delay
Airlines will no doubt be happy with this as overall it will save them £1.4 million. I actually think this seems reasonably fair as it allows people with a 2 hour 55-minute delay to get something rather than nothing as they do now. However, it is concerning that if airlines know they can pay less money for delays, there is less incentive to deal with issues quickly.
The government is also considering mandating all airlines to be part of the aviation Alternative Dispute Resolution (ADR) scheme, which would give consumers a route for escalating certain complaints that cannot be settled between the consumer and airline without needing to go to court. In the current setup, there are 2 ADR providers in the UK and airlines can join voluntarily. Under the new proposals, all airlines would have to join the scheme, which I think is good news since often for non-UK-based airlines it can be very hard to get resolution.
Under the new proposals, the Civil Aviation Authority (CAA) would have increased powers to enforce consumer protection law, for example, and would be able to fine airlines directly for breaches where appropriate. For example, if they don’t provide a refund within 7 days as required they will be allowed to fine airlines for breaching the rules. As someone who waited 4 months for a refund during the pandemic I would definitely welcome that!
Transport Secretary Grant Shapps said:
People deserve a service that puts passengers first when things go wrong, so today I’ve launched proposals that aim to bolster airline consumer protections and rights.
We’re making the most of our Brexit dividend with our new freedoms outside of the EU and this review will help build a trustworthy, reputable sector.
Rocio Concha, Which? Director of Policy and Advocacy said:
For years, passengers have been let down by some companies in the travel sector, battling to be heard or to get the compensation they are owed when things go wrong.
Trust in travel plummeted further during the pandemic when some airlines ignored their legal obligations and refused to pay refunds for cancelled flights.
This consultation is a welcome first step that must improve and strengthen consumer rights and protections so that complaints are dealt with fairly and promptly, and that passengers receive the money they are due quickly and without unnecessary hassle.
It is also vital that the system is backed up by a regulator with the powers it needs to take swift and strong action against any company that breaks consumer law.
There is also a key change for wheelchair users where airlines will have to be paid the full cost of any wheelchairs destroyed or damaged by the airline. This sadly happens very frequently with the electric chairs as my friend John from Wheelchair travel can attest to as he has had several wheelchairs destroyed during his travel leaving him stranded at the destination. Currently airlines only have to pay a maximum £1200 for wheelchairs to be replaced or repaired for wheelchairs that can cost upwards of £25,000 as they are custom designed for the person.
You can have your say at Reforming aviation consumer policy: protecting air passenger rights.
2 comments
I think we should be very wary at the moment of any promises this government makes or policies they try to roll out. Their main intention is to attempt to change the headlines away from their corruption and sleaze and this is in reality a significant watering down of EU261 for domestic services.
In reality, I suspect nothing will happen but of course at least part of Sue Gray’s report is out today.
As we’re talking about getting money back from airlines, do any TLFL readers have any advice on which regulatory/ADR body to go to for French Guadeloupe based airline Air Antilles?
Last year we bought full fare, fully flexible and fully refundable tickets with them worth over €600.
When we cancelled we were offered a voucher, but asked for the full refund. Nothing. We keep applying for a refund but their website keeps showing it as ‘pending’. Their customer relations department isn’t interested and keeps telling us to apply for the refund that we never get. Tried doing a dispute resolution through Revolut with no luck there either.
Am I right in assuming that they would operate under French law, so is there anywhere I can go to in order to move this forward?
Any tips would be greatly appreciated.
Comments are closed.