Can airlines apply a fuel surcharge to already confirmed tickets?

The conflict of the war in Iran is expanding, directly impacting the pockets of citizens and sowing uncertainty among those who have plans ... to travel or who are scheduling their summer vacations. A few days ago, it was reported that Volotea changed the price of tickets already booked seven days before the flight to adjust them to the market price of fuel, a measure that could mean a maximum surcharge of 14 euros per person per flight and that seeks to "guarantee operational stability, minimizing the impact in a constantly evolving global environment" due to the war in the Middle East, reported Europa Press. The measure, named 'Fair Travel Promise', has been applied since last March 16 and until further notice, responding to the company's approach of "not introducing arbitrary fixed fuel surcharges". Other European airlines warn that ticket prices will rise and most advise booking as soon as possible. In this context, AirHelp, the technology company that enhances passengers' experience during potential flight disruptions, warns of the rights that protect passengers.

The first consideration made by this platform focuses on the increase in fuel prices which is leading some airlines to introduce surcharges on tickets. It alerts that although this practice is legal when properly communicated at the time of purchase, "it cannot be applied retroactively to already confirmed bookings" and specifies that in this context, travelers are experiencing a general increase in prices, especially on long-haul routes, as well as less availability of economical fares.

"If the fuel shortage is due to poor planning or internal problems of the airline, the passenger might be entitled to financial compensation"

AirHelp recalls that from a regulatory point of view, the European framework establishes clear guarantees. Regulation (EC) 261/2004 protects passengers in the event of significant disruptions, while Regulation (EC) 1008/2008 requires airlines to ensure total price transparency, including any surcharges or supplements from the beginning of the booking process. "In the event of possible changes in ticket conditions or flight cancellations related to supply issues, passengers' rights remain in force," it states, adding that "the existence of a fuel crisis does not automatically exempt airlines from their obligations. Each case must be evaluated individually to determine if the situation was truly unavoidable or if it is part of the operational responsibility of the company," specifies Rosa García, legal expert at AirHelp.

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Being informed

Furthermore, it explains that if the fuel shortage is due to poor planning or internal problems of the airline, the passenger might be entitled to financial compensation for the cancellation of a flight. Therefore, it considers that in times like these, it is crucial for travelers to know their rights. Among these, it highlights that passengers always have the right to choose between a full refund of the ticket within seven days or rebooking on an alternative flight to their final destination as soon as possible. Additionally, it informs that airlines must comply with the so-called "right to care," providing food, drink, and accommodation if necessary.

In more complex scenarios, such as cancellations that leave passengers stranded during layovers or return trips, the airline's obligations to assist remain. In this regard, it warns that financial compensation, which can reach up to 600 euros, will depend on the origin of the incident. "If the fuel shortage is due to poor planning or internal problems of the airline, the passenger might be entitled to such compensation. However, if it is due to an extraordinary external circumstance, such as a general failure in the supply at the airport, the airline might be exempt from paying it, although not from providing assistance," they specify.