Passengers who ‘unfairly’ lost out on hundreds of pounds from British Airways and Ryanair flights will not be getting a refund.
The Competition and Markets Authority (CMA) has announced it is closing its investigation into the two airlines, saying there is a ‘lack of clarity’ in the law.
In June, the watchdog launched a probe into the companies over concerns they may have broken the law by failing to offer refunds for flights customers could not legally take during lockdown.
Covid restrictions in 2020 and 2021 meant thousands of travellers had tickets on BA and Ryanair for journeys they could not make.
Instead of giving people their money back, BA offered vouchers and Ryanair asked them to rebook different flight.
The CMA believes consumers should be refunded but it concluded ‘prolonging this investigation could not be justified given the length of time it would take to reach an outcome in the courts and the uncertain outcome’.
Andrea Coscelli, chief executive of the CMA, said: ‘We strongly believe people who are legally prevented from taking flights due to lockdown laws should be offered a full refund and we launched this investigation in the hope that we would be able to secure a positive outcome for consumers.
‘However, after considering the relevant law and gathering evidence in our investigation, we have concluded that the length of time that would be required to take this case through the courts, and the uncertain outcome, can no longer justify the further expense of public money.
‘Given the importance of this to many passengers who have unfairly lost out, we hope that the law in this area will be clarified.’
When a flight is cancelled the law clearly states that a full refund must be given.
However, the law does not cover a situation where a flight goes ahead but people are not allowed to go on it.
BA insisted it has acted lawfully at all times, issuing nearly four million refunds and offering ‘highly flexible booking policies’.
A BA spokesperson said: ‘We are grateful for customers’ support at a time when we have been navigating dynamic and fast-changing travel restrictions to maintain a limited schedule that ensured vital air connections for travellers and cargo throughout the pandemic.’
Ryanair welcomed the watchdog’s decision to close its investigation.
A spokesperson for the airline added: ‘We operated a limited schedule during UK lockdowns for customers who travelled for essential reasons.
‘Passengers had the option to change their bookings without paying the flight change fee and many availed of this option.’
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