The largest air carriers in Poland do not act in conformity with the law - UOKiK started 22 proceedings in this respect. On the World Consumer Day the Office is reminding the passengers about their rights and draws their attention to unfair practices of the entrepreneurs

The market of passenger flights in Poland is developing very dynamically. In 2006 the number of persons travelling by planes increased by more than 3 mln persons in relation to 2005 and amounts to 15 mln. On the World Consumer Day UOKiK is reminding the passengers about their rights, drawing their attention to the irregularities discovered during inspecting sixteen largest air carriers acting in Poland.

UOKiK took a look at 11 carriers that have a registered office or branch in Poland: AIR FRANCE, ALITALIA, AUSTRIAN AIRLINES, BRITISH AIRWAYS, DEUTSCHE LUFTHANSA, ROYAL AIRLINES, CENTRALWINGS, POLISH AIRLINES LOT, SCANDINAVIAN AIRLINES SYSTEM (SAS), SKYEUROPE AIRLINES, WIZZ AIR and 5 that have a registered office abroad: AER LINGUS LIMITED (Ireland), EASYJET (United Kingdom), GERMANWINGS (Germany), NORWEGIAN AIR SHUTTLE ASA (Norway), RYANAIR (Ireland).

The inspection indicated many irregularities. Theyregarded, in particular, the methods of presenting the prices of flight tickets and the methods of booking, purchasing and complaining about tickets. The Office also checked standard agreements used by the carriers, paying special attention to the presence of any abusive clauses.

Persons planning a travel by plane should be careful already at the stage of choosing the offer of a particular airline. The main factor that the consumers take into account while making the decision about purchasing a ticket is its price. Presenting it in an unreliable way is an unacceptable practice. UOKiK questioned the correctness of presenting the prices of flight tickets on websites and in advertisements. In the Office’s opinion the carriers have been misleading consumers as far as the real fares are concerned. For exemple, one advertisement encourages consumers to buy “a ticket to Italy for 1 PLN”. The real cost of the flight is several times higher, and the customers learn about it as late as at the moment of purchasing the ticket. The basic price of a ticket, regardless of the flight route, is increased by various charges, e.g. the so-called “fixed passenger charge”. Other charges include a fuel charge or the charge for paying by credit card. Some carriers also automatically include costs of non-compulsory insurance in the overall flight fare. In UOKiK’s opinion, such practice constitutes a serious infringement of the economic interests of consumers.

UOKiK’s experience shows that the problem reported by the consumers most often is the loss or damage of luggage. The Office questioned clauses that make the carrier’s liability for lost luggage conditional on the passenger’s presenting certain documents, e.g. the proof of purchasing the lost possession. In UOKiK’s opinion it is a gross infringement of customer interests, since a passenger should have the possibility of proving his/her ownership of the lost luggage and its value in any other way. Often presenting the proof of purchase is impossible for objective reasons, e.g. the lost suitcase was a present.

Passengers’ complaints are also connected with flight delays or cancellations of flights. Consumers are informed about the change too late and as an effect they have problems with arriving for the next flight. The information gathered by the Office shows that at the moment of buying the ticket the consumer is not sure what he/she is actually paying for because the carriers use clauses enabling them to make many changes, e.g.: “if a need arises, the carrier has the right to change the plane type; also the departure and arrival times can be changed without the need to notify the customer”.
The inspected carriers that were found to use unacceptable practices have been called on to change or renounce the questioned decisions and practices. The President of UOKiK initiated 14 proceedings on suspicion of the carriers’ using practices infringing collective consumer interests, and in 8 cases he called on the carriers to change the used standard agreements.

The plane is a fast, comfortable and more and more popular form of travelling. Unfortunately, the flight not always takes place without disruptions. UOKiK is reminding the consumers that they have the right to seek compensation for the destruction, damage, delay or loss of luggage during the flight. Claims concerning damaged luggage should be filed within 7 days of collecting it, and in the case of a delayed luggage - within 21 days. If a flight is delayed, the passenger has the right to be served free meals, drinks and other benefits. If such a need arises, the carrier must also provide the passenger with a hotel accommodation and transportation. If your flight has been cancelled, the carrier has the obligation to return the ticket costs to you or offer you another flight connection. Moreover, you can demand compensation, if a replacement connection offered to you significantly differs from the original one, and the notification about the cancellation took place too late. If the carrier denies the passenger any of the abovementioned rights, one should immediately file a written complaint and obtain a confirmation of filing it.

The information gathered by UOKiK’s shows that despite the growing interest in this form of transportation we still deal with a low awareness of the rights of consumers using airline services. The aggrieved passengers can turn to specialized institutions dealing with the protection of their rights. If you were not admitted on the plane, your flight was cancelled or delayed, the Passenger Rights Protection Commission, operationg at the Civil Aviation Office will help you obtain compensation. The European Consumer Centre will also assist you in solving cross-border disputes in out-of-court mode. The Polish Consumer Association and district or municipal consumer ombudsmen also offer free-of-charge assistance. You can also obtain legal advice calling a toll-free number of the consumer hotline 0800 800 008.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. 22 827 28 92, 55 60 106, 55 60 314
faks 22 826 11 86

E-mail [SCODE]bWNpZWxvY2hAdW9raWsuZ292LnBs[ECODE]