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Complaints and enquiries - Air Transport Users Council

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12<br />

Representing passengers<br />

Consumer protection issues<br />

This section looks at issues where the AUC has carried out proactive<br />

advocacy work on behalf of consumers. Much of our work on consumer<br />

protection issues is generated from complaints.<br />

Schedule changes<br />

Last autumn we carried out an online<br />

sweep of the conditions of carriage<br />

of a sample of airlines to find out if<br />

their condition on schedule changes<br />

complied with the Unfair Terms in<br />

Consumer Contracts Regulations<br />

(UTCCRs) (see box). The results of<br />

our sweep shows that policies on<br />

schedule changes vary between<br />

different carriers (see table on page<br />

13).<br />

Most carriers that belong to the<br />

International <strong>Air</strong> <strong>Transport</strong><br />

Association (IATA) offer passengers<br />

a refund for a significant change.<br />

Following a 1999 complaint from the<br />

AUC to the Office of Fair Trading<br />

(OFT) about airlines’ conditions of<br />

carriage, the OFT forced IATA to<br />

amend its Recommended Practice 1724<br />

(RP1724) on airlines’ Conditions of<br />

Carriage to bring it into line with the<br />

Unfair Terms in Consumer Contracts<br />

Regulations. One of the amendments<br />

was to give passengers the option of<br />

choosing a refund if the schedule<br />

change was “significant”. This<br />

amendment has helped many<br />

passengers get a refund following a<br />

schedule change.<br />

One airline even offers refunds following all schedule changes. However, a<br />

number of airlines do not offer passengers the option of a refund of their<br />

tickets, or only do so under strict criteria. The clauses on schedule changes in<br />

these airlines’ conditions could therefore be considered unfair under the<br />

UTCCRs.<br />

We are pleased to say that as a<br />

result of our discussions with two<br />

airlines following our sweep, one<br />

airline has changed its condition<br />

on schedule changes so that<br />

passengers can now get a refund<br />

following a “significant” schedule<br />

change. The other carrier has<br />

made a commitment to do so. But<br />

other airlines continue to not offer<br />

refunds. We therefore plan more<br />

work on this issue this year.

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