Oireachtas Joint and Select Committees

Wednesday, 14 October 2020

Joint Oireachtas Committee on Transport, Tourism and Sport

Aviation Sector: Discussion

Mr. Paul Hackett:

As Mr. Dawson has outlined, when flights are cancelled there is an entitlement to refund and that is the issue. The airlines refund the travel agent and therefore the travel agent passes on that refund to the consumer. That €25 million would be a conservative number. The airlines are working through the process. This is a massive challenge for them in terms of scale and most airlines are doing their best in a very difficult and challenging situation. The airline using some of the legislation that covers this area most is Ryanair. It is calling out EU regulation 261/2004, which is EU legislation that requires airlines to refund the customer directly. The difficulty there is it is almost conflicting with the package travel directive, which provides consumer protection and asks the travel agent to refund the consumer. We have a loggerhead-type situation going on with those two pieces of EU legislation. They sit in tandem and are not designed for the consumer to get double refunds in any circumstances but there is an issue there. It is a broader issue given that some of the EU legislation that covers our area is not designed to cope with a pandemic. That is true of most legislation, because we do not write it in that particular mindset.