The summer of 2023 started well for
airlines, after a tumultuous few years following COVID lockdowns in most
countries. Passenger numbers were up 30% in the northern hemisphere in June
2023, versus the previous year. But air travel in July and August has been
disrupted once again, not only by air traffic control strikes, but also by
devastating wildfires in typical tourist hot spots such as Greece, Maui,
Tenerife and Canada.
The latest problem - a UK air traffic
control fault - has left thousands of passengers stranded after more than one-quarter
of UK flights were cancelled on one of the busiest travel days of the year. It
will take days to resolve, according to the UK transport secretary, Mark
Harper.
Air travellers caught up in these
events are legally entitled to care and assistance from airlines under UK law
post-Brexit. But our research shows that people are often unsure or completely
unaware of their rights when travel is disrupted.
While consumers need more information
about their rights in this situation, a group including consumer affairs
organisation Which? and online travel agents have also called on the UK prime
minister to give the airline regulator, the Civil Aviation Authority, more
power to punish airlines that don’t help consumers affected by disruption.
At present the regulator is unable to
directly and independently fine an airline, it must bring a court action. The
CAA also has weak enforcement powers compared with airline regulators in other
countries. Which? wants the CAA to be able to directly fine airlines for
failing to either provide clear and timely information about passenger rights and
what to do when air travel is disrupted, or assistance with rerouting if a
flight is cancelled, or a prompt refund.
Uncertainty about legal rights of air
passengers
Compliance by airlines with consumer
protection laws has been problematic for some time. But the mass cancellation
of flights during the COVID pandemic and the failure of many airlines to refund
some passengers really brought the problem to the wider public’s attention.
We have researched passenger
experiences of flight cancellations during the pandemic, as well as the level
of awareness among air passengers of both their legal rights and routes to
redress. Media coverage by the likes of ITV’s personal finance expert Martin
Lewis and online information from consumer bodies such as Which? certainly boosted
awareness during COVID.
But our research suggests that many
travellers are still not sure what action to take if their rights are not
respected by an airline. People are also unaware of all the options open to
them when seeking redress.
These problems are even more acute for
passengers who have booked through an online travel agent rather than directly
with the airline. Several of the participants we spoke to during focus groups
said they trusted the airlines to look after them or relied on travel
insurance. But travel insurance does not always cover the specific situation
faced and some airlines have failed to live up to the trust consumers place in
them.
How to get redress for travel
disruption
If your flight has been cancelled by
an airline or you need to seek redress for other reasons, you should contact
your airline directly in the first instance. If you don’t get a response, or
are unsatisfied with the response, there are other options.
For example, “alternative dispute
resolution” bodies can help mediate with airlines, but our study showed
passengers were unaware of the two ADR bodies in the UK, the Centre for
Effective Dispute Resolution (CEDR) and AviationADR.
Further, not all airlines are members
of the schemes and ADR decisions are not binding. And while the CEDR has
reports high levels of demand on its homepage, Which? has called for a
mandatory aviation ombudsman to be established to help mend “the broken
complaints system”.
Alternatively, you could bring a court
action against an airline, although this can be tricky if the airline is based
abroad. Our study also showed passengers are often short of time and do not
always have the confidence to pursue an action before the small claims court.
Cost can be another determining factor
for action. Passengers are more likely to make a claim where the cost of a
family holiday runs into thousands of pounds, according to our research. In the
past decade, specialist claims firms have started to offer to make claims on
behalf of passengers. These firms often have useful websites that can instantly
assess whether a claim is worth pursuing. Of course, there will also be a cost
to use these firms.
Although court action can be seen as a
last resort, in March this year Which? found £4.5 million is owed to passengers
from outstanding County Court Judgments (CCJs) and attempts by passengers to
obtain money owed by airlines using bailiffs.
However, our study showed that one of
the most successful ways to secure a refund was under Section 75 of the
Consumer Credit Act. This allows you to make a claim to the bank or provider of
the credit card you used to pay for your flights.
What about the airline regulator?
The routes available for consumers to
seek redress for travel disruption will continue to be ineffective if they rely
on resolving disputes with the airlines on an individual level. This pits the
weaker consumer against the powerful interests and deeper pockets of the
airlines.
This is why enhanced powers for the
UK’s CAA are vital. The Department for Transport proposed reforms in January
2022, but the UK government has yet to act.
After a summer of travel disruption
that has caused delays and cancellations for thousands of people, a regulator
with more teeth will help air passengers caught up in such crises.
Sara Drake
Reader in Law, Cardiff University
Carmela Bosangit
Senior Lecturer in Marketing, Cardiff University
This article is republished from The Conversation under a Creative Commons license
IMPORTANT: Please read this article in
conjunction with our simple step-by-step
advice on how to get compensation from an airline. Click here to read this advice.
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