Airlines had a successful start to the summer of 2023 after a turbulent few years due to COVID-19 lockdowns in most countries. In June 2023, the northern hemisphere saw a 30% increase in passengers over the previous year. However, devastating wildfires in popular tourist destinations like Greece, Maui, Tenerife, and Canada, in addition to air traffic control strikes, caused further disruptions to air travel in July and August.
More than 25% of UK-based flights were cancelled on one of the busiest travel days of the year, leaving thousands of passengers stranded due to the most recent issue: a UK air traffic control fault. According to UK Transport Secretary Mark Harper, it will take days to resolve.
Under British law, passengers affected by these incidents have a legal right to care and support from airlines following Brexit. A Conversation research study claimed that, when travel is interrupted, people often don’t know what their rights are.
While consumers need more information about their rights in these situations, online travel agents and consumer advocacy group Which? have also urged UK Prime Minister Keir Starmer to give the Civil Aviation Authority (CAA), the airline regulator, more authority to penalise airlines that fail to assist customers affected by disruptions.
Currently, the regulator must file a lawsuit to directly and independently fine an airline. In comparison to airline regulators in other countries, the CAA’s enforcement authority is limited.
Which? wants the CAA to have the authority to impose direct penalties on airlines for failing to promptly inform passengers of their rights and what to do in the event of a flight disruption, assist with rerouting if a flight is cancelled, or provide a prompt refund.
Uncertainty about air passengers’ legal rights
Airlines have long struggled to comply with consumer protection regulations. However, the widespread flight cancellations during the COVID-19 pandemic and numerous airlines’ failure to reimburse certain passengers brought the issue to the forefront.
We have studied the pandemic-related flight cancellation experiences of passengers and the level of awareness among travellers regarding their legal rights and avenues for recourse. During the COVID-19 crisis, public awareness was undoubtedly raised by media coverage from personalities like Martin Lewis, the personal finance expert on ITV, and online data from consumer advocacy groups like Which?
However, the Conversation research indicates that a large number of passengers are still unsure of what to do if an airline violates their rights. Additionally, many are unaware of all the options available to them when seeking redress. Passengers who make reservations through online travel agencies instead of directly with the airline face even more difficulties.
Many participants in focus groups stated that they relied on travel insurance or trusted the airlines to take care of them. However, certain situations are not always covered by travel insurance, and some airlines have fallen short of the expectations customers have of them.
How to seek redress for travel disruptions
First and foremost, you should contact your airline directly if they have cancelled your flight or if you need to seek compensation for any other reason. There are alternative options if you don’t receive a response or are not satisfied with the one you receive.
For instance, “alternative dispute resolution” (ADR) organisations can help mediate disputes with airlines. However, our research revealed that passengers were unaware of the existence of the two ADR organisations in the UK: AviationADR and the Centre for Effective Dispute Resolution (CEDR).
Furthermore, ADR rulings are not legally binding, and not all airlines participate in these programmes. Which? has called for the introduction of a mandatory aviation ombudsman to fix “the broken complaints system,” despite CEDR’s homepage reporting high demand.
A court action against an airline is another alternative, though it may be difficult if the airline is headquartered overseas. The study results also indicated that passengers often lack the time and confidence necessary to file a small claims lawsuit.
Another deciding factor for action may be cost. Our research suggests that when the cost of a family vacation exceeds thousands of pounds, passengers are more likely to file a claim. Specialised claims companies have begun offering to file claims on behalf of passengers over the last ten years. These companies typically have user-friendly websites that can quickly determine if a claim is worthwhile. However, using these companies comes at a cost.
Although going to court is considered a last resort, Which? discovered in March of this year that passengers were owed £4.5 million due to unpaid County Court Judgements (CCJs) and attempts by passengers to use bailiffs to collect money owed by airlines.
However, research revealed that using Section 75 of the Consumer Credit Act was one of the most effective ways to secure a refund. This section allows you to file a claim with the bank or credit card issuer you used to purchase your airfare.
What about the airline regulator?
If consumers continue to rely on settling their conflicts with airlines individually, the channels for seeking redress for travel disruptions will remain ineffective. This puts the airlines’ strong interests and larger coffers up against weaker customers. For this reason, the UK’s CAA needs more authority.
The UK government has not yet taken action, despite the Department for Transport’s January 2022 reform proposal. A more robust regulator would assist travellers caught in crises like the summer travel disruptions, which left thousands of people facing delays and cancellations.
Meanwhile, AirHelp has revealed the top and worst airlines in the world in its eagerly awaited 2024 AirHelp Score report. This thorough examination of passenger feedback, punctuality statistics, and customer complaints from 54 countries is reflected in the rankings.
With demand for air travel reaching all-time highs, these rankings are crucial to the airline sector. The Transportation Security Administration processed more than three million passengers, demonstrating significant growth.
Consequently, there is mounting pressure on airlines to continue providing high-quality service while handling previously unheard-of volumes.
AirHelp CEO Tomasz Pawliszyn asserted that these rankings should inspire airlines to “constantly listen to passenger feedback.”
As passenger rights continue to be unclear, especially after incidents like flight cancellations, consumers are calling for stronger regulations and better support from airlines. The Civil Aviation Authority’s limited enforcement power is a major concern, prompting advocacy for greater authority to penalise non-compliant airlines. As air travel demand soars, it’s clear that stronger consumer protections and better airline accountability are needed to ensure fair treatment for travellers.