ORAC
29th Jan 2003, 20:33
BBC - 29 January:
Air passengers win missed flight rights
Airline passengers could get a better deal thanks to an agreement between the UK's trading watchdog and a number of scheduled airlines. These changes represent a welcome improvement in air passenger rights.
The Office of Fair Trading has reached an agreement with British Airways, British Midland, Cyprus Airways, Iberia Airways, Kenya Airways and Thai Airways over their contract terms - and it is being heralded as a "step forward" for consumer rights in this £20bn market.
Under the new terms, air travellers on non-refundable tickets could be entitled to a "credit note" to cover the cost of a missed flight, due to unusual or unforeseeable circumstances.
In another change, ticket purchasers should be informed of a flight time change as "soon as possible" - and given new rights to a refund if there has been a significant change in the flight time, and the airline is unable to book an acceptable alternative flight.
The new rights refer to scheduled airline tickets, not package holidays or charter flights. But British Midland, which runs low-cost carrier BMI Baby, said most of the new terms had been extended to its subsidiary.
The airlines have agreed the following changes:
Transferability Anyone prevented from travelling by "force majeure" - a legal term meaning unusual and unforeseeable circumstances beyond his or her control - will be entitled to a credit note in respect of any non-refundable travel. The credit note can also be used to buy a flight for another person.
This new revised term is aimed at covering scenarios which are often not protected by traditional travel insurance. It is the kind of "macro situation that can cause consumers most grief," said the OFT. Whether someone would be given a "credit note" would depend on the strength of reason given for missing the flight: "force majeure" is a lose legal concept, and they would have to negotiate with the airline.
One important development is the right to pass on that credit note to another person. For example, if you obtained a credit note because you were prevented from catching the flight, you may pass on the credit note to another person. However, the OFT is keen to stress that people can not simply transfer the ticket to another person, and turn up with the airport hoping to fly: they must obtain a credit note.
Schedules/rescheduling: Ticket purchasers should be told of a flight time change as soon as possible. Passengers also have the right to a refund if there is a significant change in the flight time and the airline is not able to book an acceptable alternative flight.
Agents: Airlines can no longer evade responsibility for what their agents have agreed.
Code shares: An increasing number of airlines operate a code where a flight is sold under the code of one airline but is operated by another, passengers must be told this at the time of buying the ticket.....
The OFT is currently negotiating with around 25 other airlines and other airlines are expected to follow suit soon.......
The OFT has already negotiated improvements to International Air Transport Association's contract terms to ensure they met the requirements of the Unfair Terms in Consumer Contract Regulations (UTCCR) which were introduced in 1999.
Mr Vickers said on Wednesday: "These changes represent a welcome improvement in air passenger rights. The OFT will continue to challenge unfair contract terms and press other airlines flying in to and out of the UK to adopt terms that are at least as fair to consumers as the improved IATA Conditions of Carriage."
Air passengers win missed flight rights
Airline passengers could get a better deal thanks to an agreement between the UK's trading watchdog and a number of scheduled airlines. These changes represent a welcome improvement in air passenger rights.
The Office of Fair Trading has reached an agreement with British Airways, British Midland, Cyprus Airways, Iberia Airways, Kenya Airways and Thai Airways over their contract terms - and it is being heralded as a "step forward" for consumer rights in this £20bn market.
Under the new terms, air travellers on non-refundable tickets could be entitled to a "credit note" to cover the cost of a missed flight, due to unusual or unforeseeable circumstances.
In another change, ticket purchasers should be informed of a flight time change as "soon as possible" - and given new rights to a refund if there has been a significant change in the flight time, and the airline is unable to book an acceptable alternative flight.
The new rights refer to scheduled airline tickets, not package holidays or charter flights. But British Midland, which runs low-cost carrier BMI Baby, said most of the new terms had been extended to its subsidiary.
The airlines have agreed the following changes:
Transferability Anyone prevented from travelling by "force majeure" - a legal term meaning unusual and unforeseeable circumstances beyond his or her control - will be entitled to a credit note in respect of any non-refundable travel. The credit note can also be used to buy a flight for another person.
This new revised term is aimed at covering scenarios which are often not protected by traditional travel insurance. It is the kind of "macro situation that can cause consumers most grief," said the OFT. Whether someone would be given a "credit note" would depend on the strength of reason given for missing the flight: "force majeure" is a lose legal concept, and they would have to negotiate with the airline.
One important development is the right to pass on that credit note to another person. For example, if you obtained a credit note because you were prevented from catching the flight, you may pass on the credit note to another person. However, the OFT is keen to stress that people can not simply transfer the ticket to another person, and turn up with the airport hoping to fly: they must obtain a credit note.
Schedules/rescheduling: Ticket purchasers should be told of a flight time change as soon as possible. Passengers also have the right to a refund if there is a significant change in the flight time and the airline is not able to book an acceptable alternative flight.
Agents: Airlines can no longer evade responsibility for what their agents have agreed.
Code shares: An increasing number of airlines operate a code where a flight is sold under the code of one airline but is operated by another, passengers must be told this at the time of buying the ticket.....
The OFT is currently negotiating with around 25 other airlines and other airlines are expected to follow suit soon.......
The OFT has already negotiated improvements to International Air Transport Association's contract terms to ensure they met the requirements of the Unfair Terms in Consumer Contract Regulations (UTCCR) which were introduced in 1999.
Mr Vickers said on Wednesday: "These changes represent a welcome improvement in air passenger rights. The OFT will continue to challenge unfair contract terms and press other airlines flying in to and out of the UK to adopt terms that are at least as fair to consumers as the improved IATA Conditions of Carriage."