Airlines being investigated by competition watchdog

Airlines are being investigated by the competition watchdog over concerns they breached consumer rights by failing to offer cash refunds for flights passengers could not take amid the pandemic.

The Competition and Markets Authority (CMA) said its probe will look at situations where airlines continued to operate flights despite people being unable lawfully to travel for non-essential purposes, such as during England’s second lockdown last month.

It said that in some cases where flights were not cancelled, customers were told to rebook or offered a voucher rather than a refund.

Andrea Coscelli, chief executive of the CMA, said: ‘We will be carefully analysing all the evidence to see whether any airlines breached consumers’ legal rights by refusing people cash refunds for flights they could not lawfully take.

The Competition and Markets Authority (CMA) said its probe will look at situations where airlines continued to operate flights despite people being unable lawfully to travel for non-essential purposes

‘We recognise the continued pressure that businesses are currently facing but they have a responsibility to treat consumers fairly and abide by their legal obligations.’

The CMA said it will write to ‘a number of airlines’ to request information about their approaches to refunds for passengers prevented from flying by lockdown restrictions.

It will analyse the evidence before deciding whether to launch enforcement action against individual carriers.

The watchdog will work closely with aviation regulator the Civil Aviation Authority during its investigation.

Consumer rights group Which? has accused several major airlines of breaking the law over their refunds policy. They have written to BA, Virgin Airway and Emirates among others to warn them over their ‘no-show clauses’ which mean passengers who miss an outbound flight can have all their connecting and return flights cancelled and their seats resold. 

Consumer rights group Which? has accused several major airlines including British Airways of breaking the law over their policy on 'no shows' having all subsequent flights cancelled and their seats resold

Consumer rights group Which? has accused several major airlines including British Airways of breaking the law over their policy on ‘no shows’ having all subsequent flights cancelled and their seats resold

Pam Watts, 61, previously fell victim to the rule when she spent £8,227.82 on three British Airways flights for a 20-day trip to South Africa and Mauritius with her husband, Patrick, 64. 

She had been forced to book a new flight from Port Elizabeth to Johannesburg after BA refused to swap the departing airport from Cape Town, only to later find she had been labelled a ‘no show’ and had lost her return flights.

Canterbury County Court later ruled this was unfair because BA did not contact her to say it had cancelled her flight, and ordered they pay Mrs Watts £2,111.59 for her new flight and other costs.

Online travel agent LoveHolidays was forced to refund 44,000 customers more than £18million for trips cancelled during the pandemic after hundreds of complaints from customers who were left waiting for their money. 

Victory: Pam Watts defeated British Airways in court after they cancelled her return ticket from Mauritius and charged her over £1,000 to fly home the next day

Victory: Pam Watts defeated British Airways in court after they cancelled her return ticket from Mauritius and charged her over £1,000 to fly home the next day

The firm had said they would only be refunded for the flight once LoveHolidays had received the payment from the airline, but this flouted laws requiring travel agents to refund a customer on cancellation, regardless of whether they have received the money back from the supplier. 

IT company boss Paul Irvine, 41, well victim to the pandemic when his £2,700 family to Majorca in October was cancelled due to the pandemic. 

It took two months until the family were told they were getting a full refund on their £1,386 RyanAir flights on September 23, but when the cheque finally arrived in the post in November their bank said it hadn’t cleared.

The airline told Mr Irvine he would receive a new cheque two weeks later.

Paul Irvine, 41, pictured with his wife Lisa and their 12-year-old son Bradley, had his holiday to Majorca cancelled on July 31, and fought for four months to get a refund from Ryanair

Paul Irvine, 41, pictured with his wife Lisa and their 12-year-old son Bradley, had his holiday to Majorca cancelled on July 31, and fought for four months to get a refund from Ryanair

The international travel industry is among the worst hit by coronavirus, with thousands of jobs lost or at risk at airlines and airports as flights were cancelled, planes grounded and staff furloughed. 

Virgin Atlantic had to secure a rescue package with jobs cuts said to total 4,700, and have also closed their Gatwick operations. 

Workers reacted with fury as British Airways announced plans to shed more than 12,000 staff, and are now selling off surplus stock and supplies from its aircraft.

BA’s parent company IAG reported a £5.1bn loss for the first nine months of 2020, and its CEO Willie Walsh accused the government of causing ‘further chaos and hardship’ for travellers based on ‘arbitrary’ statistics.

British jobs are also at risk at airlines Jet2 and Aer Lingus, as well as at Hays Travel operators and Luton, Heathrow and Belfast Airports.

CANCELLING HOLIDAYS, FLIGHT REFUNDS AND MORE – YOUR RIGHTS EXPLAINED

PACKAGE HOLIDAYS

If the FCO says it’s unsafe to travel, tour operators will cancel your trip. You should be offered an alternative holiday or given a full refund.

If the FCO has not advised against ‘all but essential’ travel to the area, your insurance company is also unlikely to pay out if you decide to cancel or curtail your trip because of safety fears.

If you’ve booked a package holiday that might be affected by serious problems locally, but your tour operator refuses to refund you, you can argue that you are entitled to compensation.

More information here and here

FLIGHTS 

If a flight is cancelled, the airline must offer you the option of being reimbursed or rerouted (either on the next available flight or on an agreed date).

Amounts of compensation are stipulated via distance, and differs depending on how far away your destination is.

There is an exception to the right to compensation if the airline can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken by the airline.

In the event of either a cancellation or flight delay, the first thing you should do is contact the airline directly, and make it known that you’ll be claiming compensation.

If the flight operator doesn’t resolve the matter, you should then contact the Civil Aviation Authority.  

More information here. 

For more on the Financial Conduct Authority’s expectations of insurance firms amid the coronavirus crisis click here.