oz_mark
Enthusiast
- Joined
- Jun 30, 2002
- Posts
- 21,504
Re: Ryanair's £40 charge for printing boarding passes is ruled illegal by Spanish cou
There are a number of issues at play, but in terms of purchasing an airline ticket, you really don't get an opportunity to negotiate the terms and conditions - you are pretty much presented with a common form, take it or leave it contract. Given the relative strangth of a consumer versus an airline, there is ready scope for them to provide contracts that protect their interests but are hardly consumer friendly. The free market mechanism really doesn't provide a way to sort these issues out.
In addition, there is the way in which a fee is presented. If it were a fee for service, then perhaps itwould be ok - however, Ryanair have presented the fee as a penalty fee. Profiting by charging an execssive penalty fee is a bit of a no no, a position the banks here seem to have been dragged kicking and screaming into agreeing with.
The reality is, that if Ryan had only charged, say a 5 pound fee, they may not have been dragged off to court, but if you make the fees high, then the more likely someone will get their back up and take them to court.
Going, forward, though, it will be intersting to see if the ruling ultimately holds sway against the rest of the EU.
I have no doubt that the ACCC gets involved - I just think that it shouldn't and that the market should "decide" this.
There are a number of issues at play, but in terms of purchasing an airline ticket, you really don't get an opportunity to negotiate the terms and conditions - you are pretty much presented with a common form, take it or leave it contract. Given the relative strangth of a consumer versus an airline, there is ready scope for them to provide contracts that protect their interests but are hardly consumer friendly. The free market mechanism really doesn't provide a way to sort these issues out.
In addition, there is the way in which a fee is presented. If it were a fee for service, then perhaps itwould be ok - however, Ryanair have presented the fee as a penalty fee. Profiting by charging an execssive penalty fee is a bit of a no no, a position the banks here seem to have been dragged kicking and screaming into agreeing with.
The reality is, that if Ryan had only charged, say a 5 pound fee, they may not have been dragged off to court, but if you make the fees high, then the more likely someone will get their back up and take them to court.
Going, forward, though, it will be intersting to see if the ruling ultimately holds sway against the rest of the EU.