Airfares
Is the airline obliged to show the full price of the fare including taxes and charges when I am pricing flights with a view to travelling to an overseas destination?
Regulation 1008/2008/EC on air services in the Community requires that the published price for the service shall include the fare and all applicable taxes, charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. In addition, details must be given of the different components of the price (fares, taxes, airport charges and other costs). In relation to airfares, the Court of Justice of the EU ruled in January 2015 in the case of Air Berlin v Bundesverband der Verbraucherzentralen und Verbraucherverbande, Case C-573/13, that a computerised computer system should, from the outset, indicate the final price to be paid for each flight from an EU airport in respect of which the fare is shown.
The recent Consumer Rights Directive 2011/83/EU increases transparency for passengers, especially when buying their transport tickets on-line. The Directive explicitly bans pre-ticked boxes, internet cost traps and any additional charges which passengers were not duly informed about in advance. Additionally, it prohibits traders from charging fees for the use of means of payment (e.g. credit cards) that exceed the cost borne by the trader for the use of these means. This Directive became law throughout the EU in December 2013.
Example
Jack plans to travel to Paris. Several airlines operate on the route. Based on Regulation 1008/2008/EC, Jack is assured that the price quoted by each airline is the final price and that he will not subsequently find that further charges are added on to the flight he chooses.
Discrimination in access to fares between passengers or between users of the cargo service on the basis of their place of residence or their nationality within the Community is prohibited.
Example
Emma is based in Dublin and plans to fly to London. She discovers that it is less expensive to purchase her flight throught BA UK rather than BA Ireland. Based on the Regulation, she cannot be prohibited from booking through BA UK even though she is resident in Ireland.
Can a travel website include flight cancellation insurance as a default setting when selling airline tickets?
No. While websites or companies selling airline tickets are required to indicate the “final price”, that is to say, the price of the flight in addition to all taxes, fees and surcharges which are essential for the purposes of the flight. On the other hand, optional price supplements relating to additional services which are not compulsory must be communicated clearly at the start of any booking process and accepted by the customer on an “opt-in” basis. This point was clarified in the judgment of the Court of Justice of the EU in Case C-112/11 ebookers.com Deutschland GmbH.
Example
Maeve was booking a flight on the internet. When she selected her flight on the online page, the costs were listed on the top right hand corner of the internet page under the heading “your current travel costs”. In addition to the price of the flight, the list contained amounts in respect of “taxes and fees” and “cancellation insurance” calculated automatically. A notice at the bottom of the page indicated how the customer should proceed if she wishes to reject the cancellation insurance which has been included as a default setting. That procedure is by means of an opt out.
The cancellation insurance is neither compulsory or necessary for the purpose of the flight and the customer may opt to either accept or refuse it. EU law requires that such price supplements should be communicated in a clear, transparent and unambiguous way at the start of the booking process and that their acceptance should be on an “opt-in” basis.
Top
Protection for Airline Passengers - Regulation 261/2004/EC
Do I have rights if my flight is cancelled or delayed or I am denied boarding because of overbooking?
Under EU law, Regulation 261/2004/EC (“the Regulation”), you have rights where your flight is cancelled or delayed or you are denied boarding. However, the protection afforded by the Regulation is available only under certain defined conditions.
Are there limits on where and when the Regulation provides protection for me as an airline passenger?
The Regulation (Article 3.1) applies to all passengers departing from an airport in a Member State and to all passengers departing from an airport in a country outside the EU to an airport in the EU where the operating air carrier is a Community air carrier.
Example
Thomas is travelling to Ireland with an Aer Lingus flight from Newark Airport in the USA. He has just learned that his flight has been cancelled. He has rights under the Regulation. Contrast his situation with that of Tina who is travelling from the same airport to Ireland with an American airline which is not a Community carrier. She does not have rights under t