Which? has written to airlines warning them that the ‘no-show’ clauses in their terms and conditions risk breaking consumer law.
As a result of the association’s intervention, Thomas Cook and Aurigny have already said they plan to drop their ‘no show’ clauses.
Which? says the clauses – often buried deep in airline terms and conditions – mean passengers who miss an outbound flight can be considered a ‘no-show’.
All their connecting or return flights are then cancelled, typically with no refund given, and their seats can be resold.
Passengers often only find out their tickets have been cancelled when they arrive at the airport for their return leg and are forced to buy another seat at a vastly inflated price, or pay a hefty fine – up to €3,000 in some cases – to use their original ticket.
One traveller who contacted Which? told how she was forced to pay Virgin Atlantic an extra £1,354 to get home from New York – more than the £1,284 price of her original return flight – after she missed a flight from London and the airline imposed its ‘no show’ clause.
After finding that 11 out of the 16 airlines that Which? looked at used the clauses, the consumer champion has now written to nine carriers – including British Airways and Virgin – informing them that the practice is potentially in breach of both the Consumer Rights Act and the Unfair Terms in Consumer Contracts Directive.
Which? is joining forces with consumer groups in nine countries across Europe to stamp out the practice.
The case for industry-wide change is strengthened by a 2017 British court case, in which a passenger won compensation from Iberia. A judge ruled the ‘no show’ clause was unfair as there was not even a partial refund to the customer when he had intended to travel on the outbound leg on a direct flight. Spain’s Supreme Court also ruled against ‘no show’ clauses earlier this year.
Some airlines claim these practices are necessary in order to stop ‘tariff abuse’ – when passengers buy return tickets that are cheaper than a single flight.
But two of the biggest airlines in Europe – Easyjet and Ryanair – have demonstrated that it is possible to operate successfully without taking advantage of passengers in this way.
Which? has written to the airlines and asked them to respond by December 28. .
Which? managing director of home products Alex Neill said: "We don’t think there’s any good reason for a ‘no show’ clause to exist – it only works in favour of the airline. It should be removed immediately by airlines, who need to show more respect for their passengers."
