Airlines’ hidden penalties

Subject: Airlines’ hidden penalties

According to information reported by the press, private citizens and consumer associations, at least two airlines in the EU impose check-in penalties on those who do not check in online in the two hours prior to the departure of the flight. Ryanair, in particular, charges a penalty of EUR 60.5 for flights in Italy and EUR 55 for flights overseas. If tickets are not printed, an additional EUR 20 is charged for their re-issue.

The airline does not inform users in advance that these penalties might be charged. Passengers find out only when they try to check in two hours before the flight. Any problems which might arise in the online check-in procedure or in the use of an electronic device are not taken into account.

Given the above, can the Commission answer the following questions:

1. Does it not agree that the application of a penalty, which is not made clear to passengers either when they are purchasing their tickets or at a later stage, infringes consumer rights and is in breach of EU legislation on the transparency of services offered in the European Economic Area?

2. Does such a practice, which alters the price of a ticket, not constitute unfair competition in respect of other operators?

Answer given by Mr Reynders on behalf of the European Commission

(3 April 2020)

Whilst airlines enjoy freedom to determine air fares in accordance with Regulation 1008/2008 on common rules for the operation of air services (1), they must inform consumers, before they purchase the ticket, of the price and charges to be paid.

In addition, Directive 2005/29/EC on unfair commercial practices (2) prohibits traders to mislead consumers and to omit material information that average consumers need to take an informed decision and thereby causing or likely to cause them to make a transactional decision that they would not have taken otherwise.

Furthermore, Directive 93/13/EEC on unfair terms in consumer contracts (3) prohibits the use of standard contractual terms that, contrary to good faith, cause a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

It is the responsibility of the competent national authorities to enforce consumer protection laws based on a case-by-case assessment. In cases of cross-border infringement to EU consumer law, Regulation 2017/2394 (4) provides the framework for the cooperation of national consumer protection authorities.

Furthermore, consumers can seek redress through different kinds of dispute resolution, e.g. with the help of national consumer association, through out-of-court procedures established in accordance with Directive 2013/11/EU on alternative dispute resolution (5) or through formal legal action (6).

⋅1∙ Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, OJ L 293, 31.10.2008, p 3

⋅2∙ Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives

97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council, OJ L 149, 11.06.2005, p. 22

⋅3∙ Council Directive 93/13/EEC on unfair terms in consumer contracts, OJ L 95, 21.04.1993, p. 29

⋅4∙ Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the

enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004, OJ L 45, 27.12.2017, p. 1 ⋅5∙ Directive 2013/11/EU on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive

on consumer ADR), OJ L 165, 18.06.2013, p. 63

⋅6∙ For further information see https://europa.eu/youreurope/citizens/consumers/consumers-dispute-resolution/index_en.htm