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Passengers can sue airlines if their return flight gets cancelled without warning according to Civil Aviation Authority

PASSENGERS who have their return flights cancelled after missing their outbound journey can sue the airline if they are denied boarding.

The UK Civil Aviation Authority's (CAA) latest report claims that a number of airlines have unfair terms and conditions that mean travellers could win if they take the airline to court.

 Passengers who miss their outbound flight could sue if their return flight is cancelled
Passengers who miss their outbound flight could sue if their return flight is cancelledCredit: Getty - Contributor

Currently, airlines are able to automatically cancel a passenger's return flight if they miss their outbound one, even if it is for reasons outside of their control.

This is to prevent passengers from taking advantage of cheaper fares, for example when a connecting flight is cheaper than a direct flight - also known as 'skiplagging'.

Passengers can contact their airline immediately after missing the first flight to make sure their return flight is not cancelled.

However, CAA's report found that not only can airlines still cancel the ticket, but many passengers are not aware of this practice.

CAA have now advised that passengers could sue the airline if they are denied boarding in this instance.


The airlines which do not meet the CAA standards of good practice in regard to missed outbound flights are Air France/KLM, British Airways, Flybe, Aer Lingus, and Lufthansa.

Air France/KLM do not cancel the return ticket but passengers must pay an additional fixed fee to be able to fly on the return flight, with no exception.

British Airways passengers must also pay the difference between the original fare and the recalculated fare, similar to Flybe, Aer Lingus and Lufthansa.

This is not the case for Air France passengers in Italy or Lufthansa passengers in Austria, who do not have to pay the difference in costs.

 The CAA claim passengers should be able to miss their flight and still have their return flight
The CAA claim passengers should be able to miss their flight and still have their return flightCredit: Getty - Contributor

In the report, the CAA claim: "The CAA would like to note that the contract terms on ticket use of the IATA airlines, and in particular those of Aer Lingus, Air France/KLM, British Airways, Flybe and Lufthansa, could provide the basis for legal challenge, including from individual passengers impacted by them - i.e. passengers that have missed their outbound flights but arrive at the airport for their return or onward flights but are denied boarding by the airline."

However, they also add that the success of the legal case depends on other factors, such as the discretion staff are able to use to waive the difference in fees to pay, as well as how passengers are assisted if they are not able to board.

Airlines such as easyJet, Ryanair, Jet2, Thomas Cook and TUI do not currently cancel the return ticket if the first leg of the journey is missed.

Following the report, Virgin and Emirates changed their policy to allow passengers to travel on their return ticket free of charge provided they contact they airline and the reason was out of their control - although the CAA urges both airlines to also amend the T&C's to contact passengers in regard to their return flight.

Air France explained to Sun Online: "In line with Air France and KLM’s General Conditions of Carriage, any non-compliant use of flight coupon by the Passenger (for example, if he or she does not use the first Coupon or if the Coupons are not used in the order in which they were issued) noticed on the day of travel will result in the payment of an extra fixed-rate fee at the airport. This is clearly stated in clause 3.4 a and b in our General Conditions of Carriage.

"Customers are not able to finalise their purchase on the website without first accepting these conditions, which are also printed on the electronic ticket provided to the passenger prior to flight to inform customers."


A British Airways spokesperson told Sun Online Travel: "Many of our tickets allow customers to make changes to their flights if they inform us before they travel.

"We believe that being upfront with customers is essential, so we work hard to give them the information they need when travelling with us, and ensure that our terms and conditions are very clear on our website, ba.com.

"This policy is common practice in the industry and designed to stop the abuse of our fares."

A Flybe spokeperson also added: "Our Terms & Conditions, to which customers must confirm they have read and understood prior to any booking being finalised and subsequently confirmed, do include a 'no show' clause.

"This clause fully adheres to the International Air Transport Authority’s (IATA) published guidelines and draft international contract wording relating to Flight Coupon Sequence.

"This term does mean that, in very limited circumstances, a booking may be cancelled. However, we give our customers the chance to notify us in advance if they are unlikely or unable to make their flight before the Check-In deadline so we can keep their booking in place.

"If they don’t notify us, then their booking is cancelled and this is done to help prevent the fraudulent use of tickets.  We also work with customers to rebook them wherever possible."

A Lufthansa spokesperson also said: "Pricing is an essential control element for a network airline. As a rule, customers choose indirect connections only if they are cheaper than direct connections.

"For network airlines, however, these connecting passengers are important in order to operate a route profitably and to be able to use it to full capacity. If, however, the customer who wants to fly directly books a connecting flight and then only flies a part, e.g. Frankfurt/Zurich/Vienna - New York, he bypasses the fare offer of an airline.

"Among other things, flights cannot be operated profitably on a sustainable basis, which could ultimately lead to the discontinuation of the route in question."

What is skiplagging?

Passengers who want to save money can book a flight with a stopover, only to skip the second leg of the journey.

For example, a flight from London to Boston might be too expensive, although a flight from London to Las Vegas with a stopover to Boston is cheaper.

The passenger could then just fly the first leg of the flight, only to skip the second half and have saved money.

This is known as skiplagging.

Earlier this year, Lufthansa revealed they were suing a passenger who didn't show up for his booked flight, after booking it to intentionally miss it for a cheaper fare.

In 2017, a man who took Iberia to court after missing his flight only to have his return flight cancelled won the case and was able to get a refund of his return flight.