Julian Bray writes: Rather than editorialise the CAA Press Notice; here it is in full. Remember the CAA can only take collective industry action and will not be involved in individual cases, but clearly the ground is shifting as Ryanair have until the close of business to day to be in compliance...
The support airline passengers are entitled to during disruption - including information about their rights and financial compensation - is set out in European Commission regulation EC261/2004. More information on your rights during delays and cancellations is also available from the CAA website
Civil Aviation Authority Statement on Ryanair and other regulatory matters
• Legal steps to ensure Ryanair changes its policy on paying flight delay compensation
• CAA takes enforcement action to ensure UK passengers are protected with essential consumer rights
• Latest enforcement phase follows successful CAA action against Jet2, Aer Lingus and Wizz Air
As part of its on-going campaign to safeguard the rights of UK air passengers, the UK Civil Aviation Authority (CAA) has launched enforcement action against Ryanair.
This action follows a review by the regulator that found Ryanair is not complying fully with European consumer law designed to support passengers following flight disruption.
Ryanair is now required to make policy changes or face the prospect of further enforcement steps leading to court action, if the airline remains non-compliant.
This is the latest phase of enforcement activity following the CAA's comprehensive six month review of airlines' policies in relation to the support they offer to disrupted passengers.
The review was designed to ensure that airlines comply with the European regulations, as confirmed recently by the UK courts, safeguarding passengers' rights and providing for compensation as a result of flight disruption.
The CAA investigated the largest 15 airlines operating in the UK, representing 80 percent of all passenger traffic and published its first compliance report earlier this year.
In its initial response to the CAA, Ryanair set out how it was dealing with flight delay compensation claims where delays have been caused by a routine technical fault.
In addition, the airline confirmed its treatment of claims received from customers dating back up to six years from the disrupted flight.
Following a further review of the information presented to the CAA by Ryanair, as well as additional information provided following formal requests for further information and analysis of passenger complaints data, the CAA has concluded that:
It is not satisfied that Ryanair is dealing with compensation claims for disruption caused by routine technical faults in line with applicable consumer law - this is despite the UK Court of Appeal (in the case of Jet2.com v Huzar) clarifying how such claims are to be treated and assurances given to the CAA by Ryanair; and,
• Ryanair is attempting to impose a contractual two-year time limit, from the date of the flight, for passengers to issue compensation claims at court - despite previously publicly committing to a six year time limit and in spite of the UK Court of Appeal (Dawson v Thomson Airways) ruling that passengers have up to six years to issue such claims at court.
The CAA is pursuing legal action under Part 8 of the Enterprise Act 2002, mandating Ryanair to change its policies to give its passengers the support and compensation they are entitled to.
Andrew Haines, Chief Executive of the CAA, said:
"The law is clear that compensation must be paid if a flight is delayed for more than three hours by a routine technical fault. It is also clear that air passengers have up to six years to issue a compensation claim at court. This position was reaffirmed by the Court of Appeal last year.
"The CAA is committed to protecting the rights of air passengers and we are determined to ensure all airlines comply with this regulation.
“Our review of airline policies has already led to Jet2, Aer Lingus and Wizz Air changing their position. We will do everything in our power to ensure that passengers are receiving the support they need, and are legally entitled to, during and after disruption.”
The CAA is now completing its second compliance report which is reviewing a further 16 airlines' policies and which is due to be published by the end of the year.
If any of these airlines are found to be in breach of consumer law, the CAA will not hesitate to use its powers to launch further enforcement action to ensure that their passengers receive the legal rights to which they are entitled.
• Following the CAA's first comprehensive review of airline policies, the regulator took action against three major airlines, namely Jet2, Wizz Air and Aer Lingus.
• In August we announced that enforcement action had been successfully completed, with two of the airlines (Jet2 and Aer Lingus) agreeing to change their policies to fully comply with the law. In respect of the third airline, Wizz Air, it has refused to remove its two year contractual limit on claims, and the CAA has now referred this matter to the Hungarian Authority for Consumer Protection, which is the local regulator best placed to take forward this enforcement action.
• Phase two of the CAA's comprehensive review of airline policies, has assessed a further 16 airlines and will be published later this year. The CAA is committed to also publishing details of any future reviews and related enforcement action.
• The support passengers are entitled to during disruption - including information about their rights and financial compensation - is set out in European Commission regulation EC261/2004. More information on your rights during delays and cancellations is available from the CAA website
• The CAA's first review looked at the policies of the 15 airlines operating in the UK with the highest passenger figures. This covered over 80 per cent of the UK's aviation market.
• As well as the airlines previously mentioned, other airlines included in the review were: British Airways, easyJet; Emirates; FlyBe; KLM/Air France; Lufthansa; Monarch; Thomas Cook; Thomson Airways; United Airlines; and Virgin.
• The CAA is using its formal powers under Part 8 of the Enterprise Act 2002 to resolve the issues identified for the benefit of consumers and to ensure that airlines operating in the UK treat passengers fairly when adhering to the requirements under EC261/2004.
• The review was carried out as part of a new enforcement approach that places the onus of compliance on airlines, with the CAA targeting enforcement resources specifically at problem areas.
• The CAA's regulatory enforcement policy is available here.
• While the CAA is not an ombudsman and does not have the power to force airlines to pay individual passengers' claims, it can take action in the collective interest of consumers for breaches of consumer law.
• The CAA is the UK's specialist aviation regulator. Its activities include: ensuring that the aviation industry meets the highest technical and operational safety standards; preventing holidaymakers from being stranded abroad or losing money because of tour operator insolvency; planning and regulating all UK airspace; and regulating airports, air traffic services and airlines and providing advice on aviation policy.
JULIAN BRAY +44(0)1733 345581, Journalist & Broadcaster, Aviation Security & Airline Operations Analyst/expert, ... Travel & Holiday Guru www.aviationcomment.com, ... http://www.freelancedirectory.org/user.php?user=8121 ... www.freelancedirectory.org?name=Julian.Bray.aviation.comment, ... Aviation / Travel / Maritime & Cruise Industries, NUJ, EQUITY, LIVE ISDN LINK, Broadcast ISDN COOBE ++44 (0)1733 345020 ... SKYPE: JULIAN.BRAY.UK e&oe Old faithful NOKIA: 07944 217476