Airlines are shirking their duty to deal with passenger grievances, but they may soon be forced to get their act together, writes Paul Cullen.
About 750 million air passenger journeys are made in Europe each year, and these give rise to about 23,000 complaints by passengers. It is clear, therefore, that the vast majority of air journeys pass uneventfully, and do not give cause for complaint.
When things go wrong, however, as a result of cancelled or delayed flights, over-booking or lost baggage, they can go seriously wrong, and there is ample evidence that many airlines are distinctly unhelpful in their passengers' hours of greatest need. Not least our own national carriers following revelations that more complaints are made against Irish airlines than against carriers in 28 other European countries, according to figures from the European Consumer Centre (ECC) Network.
There is evidence that airlines are shirking their obligations, even though the EU regulations providing protection for air passengers in such events are not particularly onerous.
Airlines are not obliged to release information about the complaints they receive and show little enthusiasm for providing it voluntarily, according to the European Commission.
A Commission source told The Irish Timesit strongly suspected the airlines of providing customers with inaccurate information about the reasons for flight delays and cancellations. Under EU regulations, the carriers have to compensate customers on such occasions, except when extraordinary circumstances are involved, and this includes events such as bad weather, fog, strikes, and so on. So, if a passing storm or a troublesome flock of birds can be blamed, they don't have to pay out.
Both Ryanair and Aer Lingus regularly cite force majeure reasons when controversies arise over delays and cancellations. Curious this, because the Commission has looked at the data from the European air traffic network and established that 70 per cent of delays are caused not by weather or strikes, but by operational reasons that are compensable. "Extraordinary circumstances", meanwhile, are a factor in just 9 per cent of delays and cancellations.
Low-cost airlines have fewer scheduling problems because they generally fly to small, less-congested airports with fewer traffic management issues, so they should incur fewer complaints.
"The Commission finds it difficult to understand their objections to releasing information about complaints when they have fewer delays and denied boardings," said the source. "But what we find is that when things do go wrong with the low-cost airlines, the problems are much greater."
According to a Commission report, low-cost airlines in particular "appear to be unwilling to organise re-routing through other carriers, leaving passengers stranded for days at regional airports. In these cases, some airlines reportedly refuse to provide appropriate assistance and hotel accommodation, or even to refund passengers."
The Commission is also dissatisfied with the performance of many member states in policing the regulations. In most countries, including Ireland, the enforcement body is the same organisation that is generally responsible for the regulation of civil aviation. "How can an enforcement body look after the interests of airlines and of passengers too?" asks the Commission source.
IN IRELAND, THE Commission for Aviation Regulation (CAR) is the body charged with defending passenger rights. As its name indicates, however, its main function is to regulate airlines in the State, and it is funded by a levy on aviation interests. Out of a staff of about 20, just one person deals with customer complaints. The Commissioner, Cathal Guiomard, was too busy this week dealing with airport charges for Dublin airport's second terminal (an important issue, undoubtedly) to talk to The Irish Times about passenger grievances.
CAR won't say how many complaints are made against particular airlines, or what happens to these complaints. "Often, complaints are addressed to the passenger's satisfaction once the CAR takes it up with the airline, and thus there is no need for it to be taken further," it says breezily, in a statement issued through a PR adviser. Where an airline has breached regulations, "appropriate action" is taken.
Mary Denise O'Reilly of the ECC in Dublin isn't surprised that airlines say they receive few complaints. "We carried out a survey which showed that most consumers don't bother complaining because they feel the airlines won't bother doing anything about their grievances."
Many airlines are also failing to inform passengers of their entitlements. "Every consumer needs to know that after two hours you're entitled to a piece of paper telling you your rights," says O'Reilly.
The regulations can appear complicated, but O'Reilly says the important principle to remember is that passengers should not be out of pocket when cancellations or delays occur. "In a situation where a flight is cancelled due to, say, bad weather, you are not entitled to compensation but you are entitled to be taken care of." That means the airline paying for your meals and refreshments, plus some phone calls home and overnight accommodation if this is necessary. At best, airlines tell people to incur these expenses themselves and keep the receipts but in reality they should be providing these services themselves.
The airline itself is the first port of call for anyone with a complaint, although consumer bodies such as the ECC can provide valuable help. If a matter can't be sorted out directly, consumers are advised to then contact the agency responsible for enforcing EU regulations on passenger rights.
HERE THINGS GET complicated. If your flight was from Ireland, you contact the CAR. But if it was from another EU state back to Ireland, you are required to make your complaint to the relevant enforcing body in that member state. Of the 500 complaints received by CAR so far, 200 have been passed overseas. Unsurprisingly, not many customers have the perseverance to go to these lengths, and the enforcers in some states have a poor record of investigation.
Now the EU Commission has given airlines and member states six months to improve compliance or else face legal action and possibly tougher standards. Indeed, legal action against the UK has already started. Can Ireland be far behind?