Buying a plane ticket, then being asked to pay a fuel surcharge a few days later. The practice, tempting for airlines facing the surge in kerosene prices, is nevertheless prohibited by European law. Brussels reminded us firmly last Friday.
Airlines are not allowed to impose a fuel surcharge on their passengers after purchasing a ticket, the European Union reminded on Friday, ending a contested practice that had resurfaced under the pressure of the rise in kerosene prices.
“The addition of a fuel surcharge after the reservation cannot be justified,” said Anna-Kaisa Itkonen, spokesperson for the European Commission. If a company changes the price of a ticket once it has been purchased, it exposes itself to European rules on unfair competition, she warned.
This reminder comes as the war in the Middle East has caused a dramatic surge in oil prices and, with them, in aviation fuel. Several carriers, seeking to protect their margins, have attempted to pass these increases on to tickets already sold – a practice contested by consumer associations.
In France, the Spanish company Volotea is at the heart of the debate. The low-cost carrier had defended the fuel surcharge it claims from certain passengers after the purchase of their ticket, a practice whose legality is currently being checked by French authorities. The firm stance from Brussels could well accelerate things.
Within the European Union, the final price of an airline ticket must be clearly indicated at the moment of booking, including all taxes and mandatory surcharges. Airlines can adjust their prices according to economic fluctuations – but only for future sales, never for tickets already issued.
Imposing a surcharge after payment amounts to unilaterally modifying a contract, which European law prohibits. For passengers, this Commission clarification ends an uncertainty. A purchased ticket is a firm contract, and the risk of fuel price increases lies with the carrier, not the customer. It remains to know how Brussels intends to enforce this rule – and what penalties carriers would face if they tried to circumvent it.
