The departure tax is gone

In recent weeks I have received a number of complaints to the effect that, despite the complete removal of departure tax with effect from this month, Ryanair was still charging and collecting departure tax for flights leaving Malta after this date.

Some readers approached me expressing surprise that they were still being charged departure tax for flights departing from Malta and booked for early next year, that is, several months after the tax would have been removed. And since booking for Ryanair flights takes place on the internet, prospective customers have no choice but to pay the tax. Otherwise they cannot book their flights.

My office looked into the matter and discovered that, indeed, the tax amount on the Ryanair website for flights departing prior to November was the same as for flights departing after November this year.

This clearly indicated that Ryanair was not taking into account the removal of departure tax with effect from this month and that it was therefore collecting a tax that was no longer due.

My office therefore wrote to Ryanair on September 29 to enquire about the matter.

The response we received was strange, to say the least. We were told by the airline that "We have not had any notification of reductions in the level of taxes charged including the date when this amendment applies from. As soon as we receive formal notification of same we will update our records accordingly".

To be perfectly frank, I do not find this reply satisfactory at all.

An established airline such as Ryanair should have known that, on June 28, Legal Notice 160 of 2008 was published in the Government Gazette. This legal notice is entitled Airport (Passenger Service Charge) (Revocation) Regulations, 2008 and provided that the Airport (Passenger Service Charge) Regulations of 1997 should be revoked with effect from November 1, this year. In other words, it provided that departure tax would be removed with effect from this month.

Yet, more than three months since the publication of this notice, the airline conveniently appears not to have been aware of the change in law and continued to charge departure tax for flights departing from Malta from this month.

And, of course, ignorance of the law is no excuse. Ryanair does not have to await a formal notification to learn what the law states. It should know what the law states. Period.

Now that the revocation notice has come into effect, I hope the airline has taken good note and that it will update its tax charges accordingly.

Moreover, it should contact all passengers who have booked flights for post-November 1 and refund them any tax charges collected without any legal basis. Otherwise, it would have collected a tax that no longer exists.

I call upon the civil aviation authorities to look into the matter and to ensure that all airlines selling tickets for flights departing from Malta from November 1 do not charge departure tax.

The authorities should also make sure that all charges described as "tax charges" on online booking websites are adequately verified as such.

Most importantly, the authorities should insist that any tax charges that have been collected without having been due be refunded forthwith.

I thank the readers who brought this matter to my attention and through this column I hope this case can be brought to the attention of other prospective passengers who have already booked their flights.

Passengers should check out their booking records to make sure they have not been charged any departure tax for flights taking place after November 1. Those who have been charged should claim a refund directly with the airline and, in case of default, they should report the matter to the civil aviation authorities.

Readers who would like to raise issues or ask questions are invited to send an e-mail to contact@simonbusuttil.eu or visit www.simonbusuttil.eu.

Dr Busuttil is a Nationalist, member of the European, Parliament.