Spanish Rip off

mcfisco

And of course Ryanair will probably want an admin fee + a card fee on top

I have a flight booked with RA departing TFS in October [booked back in March], no email from them yet

HelenaHandcart

jpsartre wrote: »

Yes but the contract states that:

"Taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date that your reservation has been made. If any such tax, fee or charge is introduced or increased after your reservation has been made you will be obliged to pay it (or any increase) prior to departure."

So I don't see how the charge constitutes any change in the contract. On the contrary, it is exactly in line with the contract that any increase in taxes will be charged at a later stage.

The law does not allow companies to enforce unfair, one-sided contracts. T&Cs quite often include a statement that the price can increase or additional fees may be imposed but the if amount of any additional charges is not known when the contract is signed then the business cannot hold consumers to the contract when the actual fee is imposed (see Group 9 "Binding consumers to hidden terms" in oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf).

If the T&Cs said that an additional charge of up to £100 may be imposed, then there would be no need to offer the cancellation & refund option because consumers would know in advance exactly how much extra they might have to pay.

The OFT says that "It is not 'hidden terms' themselves that are indicated to be unfair, but any term which binds the consumer to accept or comply with them" so the potential problem occurs not when the customer signs the contract but if there is no possibility of opting out when the implications of the 'hidden terms' become known. By offering customers the option of cancelling the contract without penalty Ryanair makes sure that it cannot be accused of unfair 'hidden terms' in its contract.

jpsartre

Now you're talking about the legality of the contract, which is an entirely different issue and not one I have any opinion on (as I said, I'm not a lawyer). I was simply pointing out that Ryanair are doing exactly what they say they will do in their contract. So from a layman perspective, I don't see how there's been any change in the contract.

joerugby

We flew this week from Spain to the UK with BA and were not surcharged for this

jpsartre

That's because BA (and most other airlines I believe) pay the tax increase for the passenger.

HelenaHandcart

jpsartre wrote: »

The legality of the contract is an entirely different issue and not one I was addressing (as I said, I'm not a lawyer). I was simply pointing out that Ryanair are doing exactly what they say they will do in their contract. So from a layman perspective, I don't see how there's been any change in the contract.

Yes, they are doing what they say in the contract but because the contract doesn't say how much money might be involved then they can't do it without offering an opt-out when the change actually occurs. It is a increase in the agreed price (that is the material change) and they can't do that unless they said at the time the contract was signed, how much that increase would be.

I think it becomes clearer if you imagine that Ryanair planned to impose an additional charge of £1,000 instead of a few euros. Even though the T&Cs appear to allow that, it would clearly be unreasonable. And, before you say it, I know that this is (almost) reductio ad absurdum.

jpsartre

HelenaHandcart wrote: »

Yes, they are doing what they say in the contract

Good, then we agree since that's really all I was pointing out.

I don't really understand your example since the charge is not imposed by Ryanair as such. The contract would not allow for them to simply decide to charge a random amount at later stage.

HelenaHandcart

jpsartre wrote: »

Good, then we agree since that's really all I was pointing out.

I don't really understand your example since the charge is not imposed by Ryanair as such. The contract would not allow for them to simply decide to charge a random amount at later stage.

"Taxes, fees and charges" is rather vague. Airlines have been known to impose extra fees such as fuel surcharges. In that case the fee is not dictated by an external body such as a government or an airport authority; it is up to the airline to decide how if and how much to charge.

Actually, even in the case of the additional airport tax, an airline can decide to absorb the charge for passengers who have already booked and paid; they don't have to pass it on.

w8rdy

Hi. I just received the same notice from Ryanair stating that they may have to charge, even when we booked flights several months ago.

It does say that they will offer refund if we decide to cancel, BUT does anyone know for a return Booking, if they will (or are obliged to) refund the Outward Flight also (ie. UK Departure) in addition to the return (Spain Departure) - Or will Ryanair insist that you still pay for the outward leg of a return flight as this is not affected by the Spain Departure Tax increase ...?

From experience with Ryanair they will probably only do the minimum that they have to.

HelenaHandcart

Ryanair doesn't sell 'return' tickets. You have bought two single tickets so the refund will only be for the journey that has the price change.