Not quite good enough

I welcome Ryanair's statement that it has stopped charging departure tax after November 1. The airline was quoted in this paper stating that it had "changed its tariffs following November 1 and all bookings made since the beginning of this month have not included the abolished tax". (November 8).

This is a good step forward.

But regrettably it is not quite enough.

In its statement Ryanair limited itself to flights booked after November 1. But for some reason it failed to confirm that it has not charged departure tax for flights departing after November 1 even if they were booked before that date. This issue is not clarified at all in the airline's statement.

Can the airline confirm that it has not collected departure tax for flights booked before November 1 but taking place after that date? And if it has, can it confirm that it will be refunding it?

Indeed, the complaints that I received all happened to relate to flights booked before November but taking place after November 1. Ryanair failed to address these complaints in its statement and it cannot just ignore them.

Indeed, following my column last week I have again been approached by several readers who confirmed that, despite Ryanair's statement, they had been charged departure tax for flights booked before November but departing after November 1. They were charged despite the fact that this tax has ceased to exist since the beginning of this month. If their claims are correct then Ryanair would have collected from them tax that was no longer due because it no longer existed.

This cannot be right.

Following my article last week, I was also approached by the Department of Civil Aviation in Malta which informed me that following the publication of Legal Notice 160 of 2008 on June 28 this year it had issued a circular dated July 11 notifying all airlines operating out of Malta International Airport, including Ryanair, that the so-called departure tax was due to be removed as from November 1 and asking them to adjust their flight reservations and ticketing systems accordingly.

The department also confirmed that following a request from Ryanair on the same day, it had forwarded the airline a copy of the Legal Notice.

This means that Ryanair were not correct when they told me - in writing - that they had not been notified of the change in law by the Maltese authorities. Indeed, the department informed me that they had contacted Ryanair twice in order to remind them about their obligations with regard to this tax.

There is a simple solution to these complaints.

Ryanair must refund all departure tax that it has collected from customers that made their booking before November for flights departing after November 1.

Otherwise it would find itself unfairly pocketing money collected as tax but which is no longer due.

I also hope that the airline does not charge any administrative or other fees for refunding money that was collected without any legal justification. This would be outrageous as clients should not be made to pay for a mistake that was made by the company.

I am glad that Ryanair stated that it "welcomes the removal of departure tax as it will further encourage Maltese passengers to take advantage of its services". It added that "the airline was always opposed to the tax and described it as a totally unjustified barrier to international travel." I agree with that.

But if the airline truly means what it says, then it must refund any departure tax that it has collected erroneously for flights booked before November 1 and departing after that date.

Readers who have been caught in this situation should write to Ryanair to claim a refund and if they are not given their due, then they should report the matter to the Department of Civil Aviation.

I take this opportunity to congratulate the department for taking an active interest in this case and for confirming with me that they will continue to follow the matter until it is settled.

People's rights are at stake here and people deserve a remedy without being made to feel alone or powerless in such situations.

Ask questions to be published in this column or get regular updates on my work by sending an e-mail to contact@simonbusuttil.eu or through www.simonbusuttil.eu

Dr Busuttil is a Nationalist member of the European Parliament.