CAA 'could assume travel agency role' during future airline insolvencies

The repatriation scheme itself would be coordinated by the CAA with the aim of repatriating passengers – on the same day they were due to return and to the same airport – via three main methods, used interchangeably to a greater or lesser extent, which Bucks describes as a “repatriation toolkit”.

The first is a more formal rescue fare regime bound by a single industry-driven code of conduct designed to maximise the use of spare seats on complementary routes.

The second would see the CAA encouraged to develop stronger relationships with airlines to ensure it there is readily available capacity it can call at short notice on to bring people home by organised charter.

Finally, new laws permitting airlines to operate while they are in administration would allow carriers facing insolvency to fly their own passengers home before being wound down, much like how the German government handled the collapse of Air Berlin.

Perhaps the most pertinent recommendation is giving the CAA greater access to passenger data prior to a failure so it can establish likely passenger numbers and eventually develop “a single access point” for rescue fares, potentially in the form of a bookable tech platform that collates all available repatriation capacity and rescue fares allowing passengers to confirm their flights home.

“In the future, one could see the CAA effectively running a travel agency business,” said Bucks. “The challenge would be creating an interface integrating all the different airline systems, their availability and pricing points, and then allocating room. If those technological obstacles could be overcome at a reasonable cost, it would be of tremendous value to the consumer.”

Part of the review’s remit was to assess and simplify the protections available to consumers – such as Atol, consumer credit and scheduled airline failure insurance (SAFI) – to create a “level playing field” and reduce overlap between different forms of protection.

The scheme would be entitled to recover losses from third parties, such as insurers, if it ends up paying for repatriation where a passenger has arranged their own cover. Airlines, meanwhile, will not be required to pay the Flight Protection Scheme levy for passengers with Atol protection.

Bucks’ report also recommends requiring airlines demonstrate their financial fitness on an annual basis; develop repatriation plans; ensure the CAA has access to any necessary data; and notify the CAA of any adverse change in financial situation.

Bucks believes the toolkit, along with many of the report’s other recommendations, could be implemented in isolation, even without reforming repatriation protection itself to more closely monitor and ensure the health of UK registered airlines, albeit while admitting instances of insolvency are “rare”.

Transport secretary Chris Grayling said the reforms would need to balance consumer protection against the interests of taxpayers, adding any views from stakeholders on the report’s recommendations would form part of its ongoing Aviation 2050 consultation, which will run until 20 June.

“We said at the outset we did not think there was a single, easy answer – no silver bullet, no one-size-fits-all solution,” Bucks concluded. “Our work has confirmed that this is the case. The changes we recommend represent an evolutionary, incremental approach, with the aim of avoiding unnecessary disturbance.”

By the report’s own admission, holiday protection is complex. “Consumer research shows few travellers think about [the] risks when they book a flight or understand how they could protect themselves,” it reads. Around 80% of passengers who book outbound flights from the UK have some form of protection against financial loss. However, only the 25% with Atol protection “are assured of being able to get home in a timely way at little or no extra cost”.

Many end up paying “unnecessarily” for more than one form of protection, while others have nothing. And when asked, most say they would expect assistance from their airline, insurer, or tellingly, the government following the precedent set by its decision to repatriate all Monarch passengers unilaterally.

This political imperative, Bucks admits, is a “real issue”. “The approach we took was to come up with recommendations that provide an automatic response delivering a reasonable level of protection to all ex-UK passengers... so ministers could have confidence passengers would be protected – without the need for additional government intervention.”

He added, though, it would remain for ministers to decide whether they could shoulder the burden again.