Turbulent Skies

TURBULENT SKIES

The recent massive rises in aviation fuel have already resulted in the failure of some smaller carriers.  For example, the failure of business only models of Eos, Maxjet and Silverjet resulted from their model becoming unsustainable due to the cost of the fuel. 

Even for larger carriers, trading is extremely difficult at the present time.  BA explained these times as the most challenging conditions ever, when announcing a profit slump of 88% for its first quarter.  The Air France/KLM Group announced a slump of 44% for its 2008 first quarter.  Doom and gloom merchants in the airline sector predict a series of consolidations between airlines as a method of survival, as well as insolvencies, particularly of some airlines who are only continuing with the support of their own domestic governments by the state aid they receive.  Smaller less specialist airlines are identified as unlikely to survive.

Air Mergers and Alliances

BA has begun merger talks with Iberia, which could create Europe’s largest airline.  Some competitors argue that this could give BA even more control over landing slots at Heathrow by increasing its present 42% share to 44.5% and distort fair competition by creating a new more powerful dominant player.  At the same time, BA is in talks with American Airlines to see whether a more formal partnership is possible.  Earlier attempts at a relationship fell foul of competition regulators, particularly in connection with the transatlantic routes which they would dominate, before those routes became the subject of the open skies policy when the US/UK Bilateral Agreement was dismantled by the EU.  Since Open Skies, there may be a more positive negotiation with the regulators given the real competition that now exists.

The BA/AA alliance could also include Iberia if the merger proceeds.

There is no doubt there will be further consolidations within the market, particularly between some smaller airlines who have less ability to manage a downturn in demand and increased cost due to rising ticket prices.  Larger airlines can consider downsizing by pulling out of routes and grounding aircraft.

For the business passenger these radical changes may give rise to the following areas of concern: -

Scheduled airline failure


The Air Travel Insolvency Protection Advisory Committee (ATIPAC) advises the Civil Aviation Authority and has again voiced “significant concern” over the lack of any financial protection for passengers booking with a scheduled airline – particularly those not using a credit card.  This compares unfavourably with ATOL protected tour operator airfares where pre-payments for tickets are protected.  Many TMC’s are offering protection to their customers by offering scheduled airline failure insurance.  Many offer this as part of the financial services they offer to corporate clients.  There could be big losers in the event of a series of airline insolvencies.

Competition Law Issues The consolidation of the airline sector must raise concerns about ticket pricing and charges where there are likely to be fewer but larger competitors and some with considerable dominance in certain airline markets.  We have already seen collusion uncovered and unlawful price fixing exposed, and every effort must be made to ensure that prices remain competitive and transparent. 

Airlines that go down the consolidation route will be able to make significant savings on overheads and staff costs.  However, tougher economic times must not lead to any compromise of aircraft maintenance and safety issues and reliability of scheduled services should be maintained.

PNR Data Disclosure Data protection, and the general protection of personal data is enshrined in European law and is part of our culture.  However, the continuing terrorist threat seems to have resulted in a dilution of these rights where data is required by Government agencies, when dealing with organised crime and terrorists.  The Government Immigration Minister is to recommend the disclosure of passenger details to Government agencies for this purpose, whether by aircraft, ferries or Eurostar, and for wider purposes.  The data is to be made available to Government agencies dealing with a wider range of crime and administration issues, including immigration, customs and Inland Revenue.  It is also proposed that the ability to scrutinise PNR’s and other data on passengers be extended beyond international journeys to also include passengers travelling within the UK on domestic flights. 

Given the Government’s record of losing personal data on a grand scale, business travellers must wonder how secure their personal data will be. 

Related Articles

-
We live in competitive times where travel bookings reflect an uncertain economic cycle. Business growth for TMC’s is difficult to achieve organically, and there is a strong market at present for consolidation by merger and acquisition. Many small and...
-
A recent survey has established that some airlines are making it difficult to reclaim APD when a flight ticket is cancelled. Many airlines charge an administration fee as a condition of reclaiming the tax, often making it uneconomic for passengers to...
-
Air passengers rights are already covered by EU Regulation 261/2004, requiring airlines to pay minimum levels of compensation for denied boarding and cancelled flights. A recent European Court of Justice decision determined that a flight was cancelled after...
-
In early July 2010, it was announced that Google would become a major player in the travel sector following its entry into the market by its purchase of ITA software for some £460 million. This, coupled with technology advances in the...
-
We live in difficult financial times, and despite the fall in volumes of business travel, regulators are looking for increased financial security from travel management companies. In mid July 2010, the latest statistics were revealed by the Office for...
-
However efficient your business is, if you are selling services then you are reliant upon your business partners paying you properly and on time. Accumulating outstanding debts can result in poor performance, and even insolvency for your own business if you...
-
Negotiations for Salary Cuts BA is locked in negotiations with unions regarding changes in working conditions, a two year pay freeze and voluntary redundancies. Some pilots have agreed to a salary reduction in exchange for BA shares at a future date. ...
-
Air Passenger Duty will increase from 1st November 2009, with a further increase in November 2010. For short haul (up to 2000 miles) economy class increases from £40.00 to £45.00, and for premium class from £80.00 to £90.00. From...
-
Both business and leisure travel are rapidly becoming victims of the worldwide recession and credit crunch. The industry has been surprisingly resilient in the face of failing retailers on the High Street, and whilst volumes initially fell, the worst aspects...
-
If your idea of ruling the world is create a bigger and bigger airline, the European Commission generally stands in your way if the monolith you create is such a concentration as to amount to an abuse of a dominant position in the relevant market. The...
-
Contracts in the travel business, whether between airlines, agents or corporates, or between travel management companies and their corporate clients, do not come in a “one size fits all” format and reflect the power of the parties, and the...
-
We now live in a different world. Cash is king and guarantees might not be worth the paper they are written on. Some businesses fail, not due to their own performance, but because they cannot get paid by customers, or their suppliers are out of business. ...
-
Aviation lawyers and trade consortia have to urgently consider the surprising question “when is a ticket not a ticket?” in the context of Ryanair’s threat to cancel bookings made through screen scraping websites. A number of well known...
-
Home Alone Homeworking allows highly skilled employees in the business and leisure sector who have taken a career break, particularly women to return to the workplace.  Getting back on the traditional career path is not always easy given child...
-
  On 1 August 2007, following the admission by British Airways that it had colluded with Virgin Atlantic over long-haul passenger fuel surcharges, the Office of Fair Trading imposed its biggest ever fine of £121.5 million.  On the...
-
  We all remember the dire financial consequences of the unexpected announcement by the Chancellor of the Exchequer on 6th December 2006, when he announced the doubling of Air Passenger Duty (“APD”).  The reason for the drama...
-
  It has not been a great year for passenger’s baggage getting damaged, delayed or lost.  Part of the reason for disruption to the carriage of baggage must relate to the increased security precautions at UK airports.  Delayed...
-
LATEST DEVELOPMENTS The final run up to the end of 2007 has seen many legal issues affecting business travel  coming into prominence: 1. CAA consults on new ATOL Licence Conditions These proposed changes follow on from a Department of...
-
AIRLINE UPDATE – FINES AND TAXES It is not a comfortable time for the airline sector.  The cost of aviation fuel has ravaged existing business models, and increased ticket prices have resulted in reduced bookings and reduced load...
-
TURBULENT SKIES The recent massive rises in aviation fuel have already resulted in the failure of some smaller carriers.  For example, the failure of business only models of Eos, Maxjet and Silverjet resulted from their model becoming...
-
EC Regulation 1107/2006 The Disability Discrimination Act 1995 was never intended to cover the rights of disabled passengers onboard an aircraft and are limited to regulating policies and procedures of airlines at UK airports and booking procedures. ...
-
Trains to be brought into line with new Regulation 1371/2007 Business travellers are familiar with the way that European Regulations provide minimum consumer protection and rights to compensation where flights are delayed or cancelled, or passengers are...
-
The new Corporate Manslaughter and Corporate Homicide Act 2007 comes into force on 6th April 2008 with the aim of making it easier for the UK authorities to prosecute companies when death occurs, and the company’s activities are managed or organised in...
-
Those requiring ATOL for sales, whether for leisure or airline seats have a new era, starting from 1st April 2008. Also, hot off the press is guidance from the Government on “What is a Package”, following some confusion after the Court of Appeal...
-
New Regulations in force from 26 July 2008 EC Regulation 1107/2006 The Disability Discrimination Act 1995 was never intended to cover the rights of disabled passengers onboard an aircraft and are limited to regulating policies and procedures of airlines...
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.