Laws on denied boarding compensation

We are the enforcement body in the UK for the laws that cover air passenger rights when flights are delayed or cancelled, or when passengers are downgraded or denied boarding. Our enforcement powers are subject to where the incident happened.

• Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91. This regulation also covers downgrading.
• The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005 (SI 2005/975) This regulation implements EC261/2004 in the UK.

Laws on the rights of people with a disability and those with reduced mobility

We are the enforcement body in the UK for the laws that cover the rights of passengers with disabilities and reduced mobility to have additional assistance at the airport and onto the plane.

• Council Regulation (EC) No 1107/2006 of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
• Civil Aviation (Access to Air Travel for Disabled Persons and Persons of Reduced Mobility) Regulations 2007 - Statutory Instrument No 1895 2007.This regulation implements EC 1107/2006 in the UK.

Following the publication in March 2012 of the CAA’s Safety Notice on the carriage of electric mobility aids, a number of issues have come to light relating to how airlines are implementing the requirements set out.

On 30 January 2013, the CAA wrote an open letter (PDF) to all airlines operating to and from the UK to clarify how the safety requirements for the carriage of electric mobility aids relate to the requirements of the Regulation EC1107/2006.

Laws on baggage

The Montreal Convention 1999 (PDF) is a treaty between ICAO member states which provides consistent rules on the carriage of passengers, baggage and cargo. It applies subject to the country where the contract was made having ratified the Montreal Convention.

Laws on transparent information to passengers

• Air Services Regulation EC Regulation No 1008/2008
• Carrier Identity Regulation EC Regulation No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier (provision of information about the airline operating the flight and any changes).

General consumer protection legislation

We are also one of the UK’s enforcement bodies for general consumer law as it applies to air travel. We have this power through Part 8 of the Enterprise Act 2002 which covers a wide range of domestic and Community legislation.

Where the Office of Fair Trading or the Department for Business, Innovation and Skills has published guidance for business on the legislation covered below we will act in accordance with that guidance:

• Consumer Protection from Unfair Trading Regulations 2008 (known as the CPRs)
• Unfair Terms in Consumer Contracts Regulations 1999 (known as the UTCCRs)
• The Electronic Commerce (EC Directive) Regulations 2002
• The Package Travel, Package Holiday and Package Tours Regulations 1992
• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (In force from June 2014 - in March 2014 the CAA wrote a letter (PDF) to airlines operating in the UK about this Regulation)

CAA and Competition and Markets Authority joint guidance for the travel industry

The CAA and OFT (now the CMA) have produced joint guidance for the travel industry on the key consumer protection regulations that set out the requirements in relation to the transparent provision of price and other information. The guidance is designed to help businesses understand the requirements of the regulations and to comply with them.

The guidance sets out the requirements of the Air Services Regulation (ASR), specifically the price transparency requirements, the Carrier Identity Regulation (CIR), the Consumer Protection from Unfair Trading Regulations (CPRs), the Unfair Terms in Consumer Contracts Regulations (UTCCRs) and the E-Commerce Directive.

Two version of the guidance have been produced, a full guidance document sets out each of the regulations and their requirements in detail, and sets out the CAA and CMA’s enforcement powers. There is also a shorter quick reference version of the guidance designed to give a brief overview of the requirements of the regulations. Both versions contain practical example of the requirements of the regulations.

Air passenger rights - European case law

There is European case law on air passenger rights from the Court of Justice of the European Union.