No airline fined in 20 years despite numerous cases of ‘illegitimate conduct’

No airline has been fined for a regulatory shortcoming in the past 20 years – despite numerous instances of ‘illegitimate’ behaviour.

The scandal was highlighted by Which? as the inaction was cited as evidence of a massive failure of the customer protection regime.

The consumer advocate said the Civil Aviation Authority (CAA) “should do more” to take legal action against airlines breaking the law, though it admitted the agency “desperately needs more enforcement powers.”

CAA bosses have had the ability to seek injunctions against airlines in courts since June 2003, but the only time they’ve used this power against a major airline was in 2018.

On that occasion, Ryanair escaped punishment after agreeing to pay passengers compensation for flights canceled during a pilot strike.

Earlier this month, British Airways was fined $1.1 million (£900,000) in the US for delayed refunds for canceled flights amid the coronavirus pandemic (Photo)

Earlier this month, British Airways was fined $1.1 million (£900,000) in the US for delayed refunds for canceled flights amid the coronavirus pandemic. But which? said the lack of similar action in the UK – where many more passengers experienced delays in airline payouts – “is an embarrassing indictment of weak passenger protection”.

Airlines operating in the UK are required to refund canceled flights within seven days, but many consumers had to wait several months at the height of the virus crisis.

Other countries whose regulators have fined airlines in recent years include Italy, Germany and Greece.

The Department for Transport (DfT) announced this week that it plans to give the CAA the power to fine airlines for violating consumer laws.

Which? called for the legislation to be included in the king’s speech later this year, which would indicate the government’s intention to pass the amendment at the next parliamentary session.

Last night Rocio Concha, Which one? director of policy and advocacy, said: ‘The US government fining Britain’s flag carrier when our own authorities are powerless to do the same is a mockery of UK aviation regulations, which have failed travelers for 20 years .

Passengers have repeatedly experienced unfair and in some cases unlawful treatment by some airlines in recent years and meaningful action is long overdue.

“The government must act without delay and enact legislation to give the CAA the powers it needs to impose hefty fines and hold airlines accountable when they violate the law.

“Until that happens, British travelers’ rights are worth no more than the paper they’re written on.”

CAA consumer chief Anna Bowles said: ‘We have regularly called for stronger enforcement powers for consumers, including the ability to fine airlines.

“This would enable us to take quicker action if necessary and align our powers with those of other sector regulators.”

BA said: ‘If a customer’s flight is cancelled, we always offer options including a full refund, rebooking or rebooking to another service, including with other airlines. We always comply with our legal obligations.’

Ryanair said: ‘All Ryanair customers who are entitled to compensation due to staff strikes in 2018 – and who have applied directly to Ryanair for compensation – have received compensation directly from Ryanair in accordance with EU261.’

Analysis showed that in 2020, more than 24,000 airline complaints related to compensation were lodged with the CAA and the UK’s two Alternative Dispute Resolution bodies.