Poland's antitrust watchdog initiates investigation on Ryanair's overbooking practice
Poland's antitrust and consumer protection regulator UOKiK, following the intervention of the Ombudsman, has opened an investigation into Irish low-cost carrier Ryanair's use of so-called overbooking, the Ombudsman reported
"(...) The head of the UOKiK decided to initiate an investigation procedure aimed at the preliminary determination of whether, in connection with the practices of the airline Ryanair applied to passengers who were denied boarding, there was a violation justifying the initiation of proceedings on practices infringing collective consumer interests," UOKiK wrote in a letter to the Ombudsman.
"The proceedings in question, presently, only concern a possible infringement of the provisions of the regulation by the content of the electronic forms used by the carrier, which do not provide for the possibility of filing a complaint in the event of denied boarding (they only concern flight cancellation or delay)," the regulator added.
The refund form available on the carrier's website provides only the following options: 'Flight cancelled', 'Flight delayed > 5 hours and I will not travel', 'Request for refund of government tax (for unused flight)' and 'Death of customer with travel reservation or immediate family member'.
UOKiK, responding to the Ombudsman's question about the possibility of a "general examination of the issue of passenger rights in air traffic in the context of consumer protection", explained that the head of the UOKiK analyses signals of irregularities concerning the activities of air carriers on an ongoing basis, in terms of a possible violation of collective consumer interests or the use of prohibited provisions of contract models.
The regulator assessed that if irregularities are identified, UOKiK will take appropriate action to eliminate them, in accordance with the competences provided for in the act on competition and consumer protection.
"Currently, in addition to the proceedings for practices violating the collective interests of consumers conducted against Enter Air with its registered office in Warsaw, the head of UOKiK is conducting two relevant proceedings against the air carrier Wizz Air with its registered office in Budapest (for practices violating the collective interests of consumers and for considering the provisions of the model contract as prohibited)," UOKiK reported.
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