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Thursday 30 June 2022 12:02 am  |  Updated:  Wednesday 29 June 2022 4:20 pm

Which? calls for travel rule overhaul to hold airlines accountable when breaking consumer law

By: Ilaria Grasso Macola

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Consumer champion Which? has called for a significant overhaul of travel rules to hold airlines accountable when they flaunt consumers’ laws.

The call comes at a delicate time for the aviation industry, as airlines and airports have been plagued by a raft of cancellations and delays caused by labour shortages and surging passenger demand .

Which? today called on the government to expand the powers given to the Civil Aviation Authority (CAA), so that it could hit airlines who disregard consumer rights with hefty fines. 

The group also suggested setting up an airline code of conduct as well as making it mandatory for airlines to sign up to the alternative dispute resolution (ADR) system. 

Under the current legislation, airlines and airports are not obliged to sign up to ADR schemes, forcing travellers to go through lengthy court proceedings if they want to enforce their rights. 

“Consumer rights and laws are meaningless if they are not enforced,” said Rocio Concha, Which? Director of policy and advocacy. 

“The government must take action to restore consumer confidence in travel. 

“That should start with a consumer-focused code of conduct all airlines must adhere to, and stronger powers for the CAA, including the ability to fine operators directly when they break the rules.”

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Concha’s comments are based on an investigation by the consumer group, which accused airlines of breaking consumer laws.

Ryanair was accused of “blacklisting” passengers as the airline’s terms and conditions state it could refuse to carry a passenger that “owes us any money in respect of a previous flight owing to payment having been dishonoured, denied or recharged against.”

The rule, the airline said, applied to around 850 passengers who used a debit or credit card chargeback to get a refund. 

British Airways was accused of incorrectly telling customers refunds could be given following a five-hour delay, instead of three, while TUI was blamed for its misleading language around compensation. 

The UK legacy carrier condemned Which?’s “unfounded and unsupported allegations” while TUI said it was consistently reviewing the language used in terms and conditions. 

Commenting on Which?’s call, aviation analyst Sally Gethin said the government and the CAA were already working on enforcement measures, including the drafting of an Aviation Passenger Charter. 

Developed in partnership with the industry by the end of the year, the charter is a “one-stop guide for consumers informing them of their rights and what they can reasonably expect of the aviation industry when flying.”

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