Categories
Companies customer service Latest News Laws

Calls for test case to be taken against airlines to set precedent

CMA indecision shows need for legal precedent on flight refunds

Today (7 October 2021) the Competitions and Market Authority (CMA) announced that it was dropping its investigation into the refund policies of British Airways and Ryanair.

The CMA cited lack of clarity in law, stating that it could not be “sufficiently certain that it would be able to secure refunds for customers of British Airways”. The investigation, which was launched in June 2021, looked into the two airlines which were not refunding the cost of flights that went ahead when was not legal for people to travel.

BA offered vouchers and Ryanair offered rebooking on a later flight.

Aeroplane in sky with clouds

Law not clear

When a flight is cancelled the law is clear, a full refund must be given. However, the law does not cover the situation where a flight goes ahead but the law prevents people from going on it. The CMA believes that consumers should be refunded but “…concluded that prolonging this investigation could not be justified given the length of time it would take to reach an outcome in the courts and the uncertain outcome.

Precedents

In the past, where airlines have tried to get out of paying refunds and test cases have been brought a precedent has been set. And that precedent has been set in favour of consumers. This could be from either a consumer organisation or a class action.” A class action is where a group of people come together and are represented as a group against a company in court.

For example, in the 2012 case of Huzar v Jet2 and Dawson v Thomson it was confirmed that “routine technical difficulties” for an airline are not “extraordinary circumstances” under the terms of the EC261 regulations. The Supreme Court upheld the decision in 2014.

And in 2018, the European Court of Justice ruled in the class action case of Helga Krüsemann and Others v TUIfly GmbH, stating that a strike by an airline company’s employees are not “extraordinary circumstances”.

I hope that that an enterprising law firm will pick up the case on behalf of an individual or group affected by Ryanair and BA’s refusal to refund customers and bring these airlines to justice.

Help with issues with holidays and flights

See What to do when your flight is delayed – the full guide gives you details on your rights and details of the cases above.

We need to show companies that they cannot run roughshod over consumers.

Look out timber frame on a beach "researching, booking and complaining aabout holidays and flights. Tips, ideas and your rights"

 

All you need to know about booking/complaining about holidays/flights/travel

 

 

email icon

Purchase and download Holiday, flight and event complaint templates

 

 

Cover of How to Complain updated 2019 large cow logo

More details of amounts of compensation per type of/length of delay or denied boarding and advice on how to complain about loads of sectors in the best-selling book, How to Complain: The Essential Guide to Getting Refunds, Redress and Results!

 

 

 

Categories
ADR Ombudsman Companies customer service Legal Action Property

How to prevent & complain about property related issues

Buying a home? You’ll probably need estate agents, surveyors and removal companies. Or if you’re improving your home you might be engaging the services of builders, painter and decorators and more. So how best to reduce the stress and likelihood of problems? And what to do if things do go wrong?

Below are various posts to help.

Estate agents

What you need to know when using an estate agent how best to choose an estate agent

How to protect yourself when using an estate agent be prepared

Removal

How to take charge of your home removal all you need to know about choosing the right firm and what to do if there is an issue

Home Improvement

How to build confidence in your home improvement project detailed post about how to plan a building project to avoid pitfalls

Ask the Chief Ombudsman: Furniture & Home Improvement provides advice

5 Top Tips to prevent builders/painters/decorators problems prevent problems

6 Top Tips for problems with builders/ painters & decorators what to do if things have gone wrong

How to ensure a stress-free building project previously published in Moneywise comprehensive article

Neighbours

How to complain about your noisy neighbours! what to do if you can’t sort it amicably

How to complain about your neighbour’s trees and hedges!your rights and what you can and can’t do.

Further help with complaining effectively

 

Cover of How to Complain updated 2019 large cow logo

 

For masses of information, tips, guidance, laws and regulations and templates GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

101 Habits of an Effective complainer book cover with logo

 

Want to get better at complaining? See 101 Habits of an Effective Complainer

 

 

 

 

email icon

 

Save yourself time and effort finding the laws and wording a letter of complaint and download a template, fill in your details and get that redress

Purchase downloadable templates to gain redress

 

Property and home improvements complaint templates

 

If, after hours of reading that little lot you still need help then please see How The Complaining Cow can complain for you!

 

paint brushes in a bucket