A CONSUMER watchdog has claimed Aer Lingus passengers are entitled to a full refund for fuel surcharges paid on upcoming long-haul flights despite the airline's insistence they still apply.

Amid a growing clamour for refunds from irate travellers, Consumers Association of Ireland chairman Michael Kilcoyne said passengers who have not already used their tickets have a very strong case to make against the airline if it ignores its own 'Conditions of Carriage' policy published on its website which appears to contradict the fuel surcharge policy.

Section 4.2 of the policy statement states: "Applicable taxes, fees and charges imposed by a government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the ticket.

"Similarly, in the event of any taxes, fees or charges which you have paid to us at the time of ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund."

The policy is part of the contract between the airline and the consumer and it clearly states passengers are entitled to a refund, Mr Kilcoyne told the Irish Independent last night. "These people are entitled to a refund. If they don't, they should ring the National Consumer Agency (NCA) and the NCA should make a complaint to Aer Lingus," he said.

The airline announced on Friday it is dropping its fuel surcharges on all long-haul flights booked from December 12 onwards. However, the airline said it would not refund the surcharge on future flights booked prior to December 12.

Complaint

In one complaint yesterday, a man who paid €950 in fuel surcharges for a flight he booked in August to Florida with his wife and three children asked if he would get a refund if he rebooked the flight; he was told no, because he had agreed to the terms and conditions of his original booking and "agreed to no refund on fuel surcharges".

Aer Lingus said in a statement last night: "Aer Lingus's terms and conditions provide that changes in taxes, fees or charges imposed by a government or other authority after the date of purchase may result in a refund to or an additional payment from a passenger.

"In contrast, fuel surcharges are set by the carrier to take account of the additional costs incurred as a result of increased fuel prices and so are part of the air fare. As a result they are subject to the applicable fare terms and conditions and are not subject to change after the date of purchase."