Ryanair faces prosecution over lack of e-mail address

09 November 2008  By Kieron Wood

Ryanair could face fines of up to €100,000 if it fails to provide an email address on its website, following a ruling by the European Court of Justice (ECJ).

The EU’s E-commerce Directive requires company websites to feature an e-mail address and an alternative method for consumers to communicate with the company in a ‘‘direct and effective’’ way. In a case brought by a German consumer association against insurance company Deutsche Internet Versicherung, the court ruled that a company had to offer customers ‘‘a rapid, direct and effective means of communication, in addition to its electronic mail address’’.

Ryanair offers customers a telephone number for inquiries, but it is only staffed from 9am to 5.45pm, Monday to Friday. New EU rules that came into effect on November 1 also require airlines to show the full cost of fares upfront, including fees, charges and taxes. Airlines can no longer impose charges without passengers’ active consent.

National Consumer Agency (NCA) spokesman John Shine said the agency had been ‘‘engaging with a number of airlines on a variety of issues’’, including upfront pricing, opting for insurance and refundability of fees and charges.

‘‘Our engagement with Ryanair is in the context of a package of issues. The EC regulations deal with a number of those matters. We have also been in touch with the Department of Transport about this and expect to have further dealings with the airlines. We have also taken up the e-mail issue and we shall be following up on it."

The NCA has a range of enforcement tools, ranging from seeking undertakings to issuing compliance notices, seeking prohibition orders or bringing a criminal prosecution. The 2007 Consumer Protection Act provides for fines of up to €100,000 plus up to 18 months’ imprisonment for breach of consumers’ rights.

A Ryanair spokesman said the airline would be analysing the implications of the ECJ ruling. He pointed out that the Irish call centre number on the Ryanair website was charged at the national rate. "Out of office hours, we have ticket desks in all airports open in accordance with scheduled Ryanair flights, and a 24/7 fax line is open for any refund requests," he said.