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Aircraft Leasing – New UK Policy and Process for
Wet Leasing-in from a Community Operator
1 Introduction
1.1 The purpose of this Information Notice is to inform all UK AOC Holders (both Aeroplanes and
Helicopters) of the changes in UK policy and process concerning the approval of wet leasing-
in (WLI) aircraft from a Community Operator. For the purposes of this Information Notice
‘Community Operator’ means only those operators from EASA Member States (EEA plus
Switzerland).
1.2 This new UK policy does not refer to the wet lease-in under Regulation (EC) 1008/2008 of
third country registered aircraft or from a Third Country Operator.
1.3 This UK policy and process is effective from 1 April 2015.
2 Background Information
2.1 A ‘wet lease agreement’ is where an air carrier (the Lessor) provides an aircraft, complete with
crew, maintenance and insurance (ACMI) to another airline (the Lessee). The aircraft is
operated under the AOC of the Lessor (the party from which the aircraft is leased).
2.2 The current CAA safety policy on the wet lease-in by UK AOC holders of aircraft registered
elsewhere in the Community and operated by a Community Operator was agreed in 2008, to
support current EU legislation. The process involved a review of applications on a case-by-
case basis, with a request for a 48 hour advance notice of such applications.
2.3 Recent changes to European Regulations (EASA Air Operations Regulation) and the
changing business models of UK operators, has led the CAA to develop a new UK policy and
process to assist in the wet leasing-in of aircraft registered and operated from within the
Community. This new policy reflects the CAA’s new strategic approach, including
Performance Based Oversight (PBO), and provides UK AOC holders with greater flexibility
when wet leasing-in aircraft from within the Community.
2.4 The new process caters for the four principal scenarios foreseen by UK AOC holders: long
term WLI and short term WLI – either planned or unplanned. At the heart of process is
recognition that the UK AOC holder remains accountable for the safety of its operations when
using WLI services and that it must therefore oversee WLI aircraft as part of its own Safety
Management System (SMS) to assuring the safety of such operations.
3 Required Action by UK AOC Holders
3.1 UK AOC holders must ensure their Operations Manual, Part A, Section 13 (Leasing) entry
reflects the leasing activities required for their operation.
3.2 If UK AOC holders wish to wet lease-in any aircraft at any time, they should first develop a
company white list process; this should be in line with the CAA’s wet leasing policy and
process referred to in Appendices A, B and C, and ensure that it has been reviewed and
accepted by the CAA.
3.3 UK AOC holders should submit their company white list process for acceptance by their
assigned CAA Flight Operations Inspector (FOI).
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3.4 Following CAA FOI acceptance of their white list process, the UK AOC holder should
thereafter use this process to assess potential Lessors for inclusion onto the UK AOC holder’s
white list.
3.5 UK AOC holders should submit their applications/notifications to wet lease-in a Community
registered and operated aircraft to the CAA’s Leasing Co-ordinator using the Wet Leasing on-
line form (Wet Lease In from EASA Member States Notification). A link to the WLI on-line
form is available on the CAA’s Aircraft Leasing webpage.
4 Emergency Wet Lease-in Process
4.1 When needing to wet lease-in an aircraft from a non-white list Lessor, where the UK AOC
holder has a CAA accepted white list process (Emergency Process 1).
(i) The emergency wet lease-in process starts with the AOC nominated representative
submitting declarations to the CAA via the wet lease in on-line form (selecting
emergency process 1). An automated e-mail that gives authority to fly will be sent by
return. This approval will be limited in use (please see paragraph 4.1.(ii) below) and is
to cover an event - for example: should an A330 have a technical fault (AOG), a UK
AOC holder may need to wet lease-in two smaller aircraft (possibility from two different
Community operators) to cover that event.
(ii) The approval is limited in use; the criteria of which are detailed in the conditions of the
relevant paragraph of the CAA’s General Approval of Leasing Agreements in Official
Record Series 4. A link to this approval is available on the CAA’s Aircraft Leasing
webpage.
(iii) If the Lessee expects to use the Lessor again they may decide to add the Lessor to
their company white list or create a company white list to include the Lessor for future
use.
4.2 When needing to wet lease-in an aircraft from a non-white list Lessor, where the UK AOC
holder does not have a CAA accepted white list process (Emergency Process 2).
(i) The UK AOC holder can gain an automated approval (as per paragraph 4.1(i) above
but the on-line form (emergency process 2) will require additional declarations. This
process can only be used if the UK AOC holder has an accepted entry in their
company’s Operations Manual, (Part A, Section 13 (Leasing).
(ii) The approval is limited to the conditions of the relevant paragraph of the CAA’s
General Approval of Leasing Agreements in Official Record Series 4, and is to cover
one event. Please see paragraph 4.1(i) above for an example of what an ‘event’ is
considered to be.
5 ANO Article 223 Permission
5.1 A Permit may be required under Article 223 of the UK Air Navigation Order 2009, if the UK
AOC holder wet leases-in a non-UK but Community registered aircraft and uses it on
routes between the UK and points outside the EU. This Permit can be obtained from the
CAA’s Foreign Carrier Permit Team – please use the following link for further information
on how to apply for a Permit: CAA's Permit Webpage.
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6 Wet Leasing-in from another UK AOC Holder
6.1 In accordance with Article 13(2) of EC Reg 1008/2008 prior approval is required from the
UK CAA under ARO.OPS.110(a)(4) and (b) and in compliance with ORO.AOC.110(a)
and (b).
6.2 This approval is covered under the UK CAA’s general approval of leasing agreements
entitled “Leasing Agreements Entered into by a United Kingdom Air Carrier” published in
the UK CAA’s Official Record Series 4 (ORS4) document. A link to this document is
available on the UK CAA’s Aircraft Leasing webpage.
7 Requirement to Notify Passengers of the Operating Air Carrier
7.1 UK AOC holders are reminded of the requirements in Article 11 of Commission Regulation
(EC) No. 2111/2005, which requires the air carriage contractor (Lessee) to inform their
passengers of the identity of the operating air carrier or carriers. See Article 11 for further
information.
8 Queries
8.1 Any queries or requests for further guidance as a result of this communication or on Leasing
should be addressed to the CAA Leasing Co-ordinator at A[email protected].uk
8.2 For further information on lease approval requirements for all types of leases, please see the
CAA's Aircraft Leasing Webpage, and in particular, the Overview of Lease Approval
Requirements with effect from 28 October 2014.
9 Cancellation
9.1 This Information Notice will remain in force until further notice.
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APPENDIX A – Overview of the new UK Policy and Process for Wet Leasing-in Aircraft
from a Community Operator (Company White List Process)
Flowchart A: The Six ‘A’s White List Process when Wet Leasing-in from a Community Operator
PROCESS
Action
UK AOC Holder
Action
CAA
Action
Phase
(1)
ACCEPTANCE
(of UK AOC Leasing Process by CAA)
(3)
ADDITION
(by UK AOC’s of Lessors to White List)
(5) ACKNOWLEDGEMENT
(sent by CAA and received by UK AOC)
(6)
AUDIT
(by CAA on UK AOC’s leasing activity)
UK AOC holder notifies the CAA when
adding or removing a Wet Lessor to their
‘White List’.
UK AOC holder submits their ‘Process’ for
assessing potential Wet Lessors using the
criteria in the CAA’s Minimum Requirement
List.
The UK AOC holders Operations Manual Part
A, Section 13 (Leasing) entry should refer to
this ‘Process’.
UK AOC holder submits a Wet Lease
Agreement to the CAA, duly signed and
dated by both the Community Operator and
UK AOC holder, requesting approval.
The UK AOC holder must also submit a
signed statement confirming that the
parties to the lease agreement fully
understand their respective responsibilities
under the applicable regulations.
UK AOC holder notifies the CAA via the
CAA’s on-line wet leasing form that they will
be wet leasing-in the specific aircraft (Type
and Reg) from the named Wet Lessor (from
White List), for the specific wet lease period
(from /to).
The CAA’s on-line wet lease form also
requires declarations from the UK AOC
holder confirming they have reviewed and
retained all aircraft supporting
documentations (as detailed in the
Information on the Leased Aircraft section
of the CAA’s MRL) – e.g valid AOC, CofA,
ARC, CofR, Insurance, etc)
UK AOC holder will provide the CAA with all
requested information during the CAA’s wet
lease audit
CAA’s FOI and Leasing Co-ordinator
review the UK AOC holder’s ‘Process for
assessing potential Wet Lessors and
adding them to their ‘White List’.
CAA FOI and Leasing Co-ordinator take
note of the ‘White List’ Lessors and
notifies the UK AOC holder.
CAA Leasing Co-ordinator reviews the
dual-signed Lease Agreement and once
satisfied, grants a General Approval
covering the particular Lessor and UK
AOC holder’s arrangement.
CAA automated e-mail
‘Acknowledgement’ is sent back to the
UK AOC holder.
CAA will develop a schedule for auditing
the UK AOC holder’s wet leasing
activity. This will normally be
scheduled into the CAA’s normal audits
of the UK AOC holder
(2)
ASSESSMENT
(by UK AOC holders of Lessors)
(4)
APPROVAL
(issued by CAA iaw Air Ops)
UK AOC holder’s must assess the level of
safety provided by the Lessors using the
CAA’s MRL as the minimum criteria.
The number of Lessors and frequency of re-
assessment is decided by the UK AOC holder.
CAA may review the assessment reports
produced by the UK AOC holder on the
Wet Lessor, when auditing leasing
activities.
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The Six ‘A’s White List Process - Acceptance, Assessment, Addition, Approval,
Acknowledgement and Audit – in more detail
1.1 The new UK policy is built around the premise of a six stage process. When considering
using the facility of wet leasing-in an aircraft registered with the Community and/or operated
by a Community Operator, UK AOC holders should first pre-assess potential Lessors and, if
satisfactory to them, add the Lessor to their list of pre-assessed wet Lessors (or ‘company
white list’). This company white list is not approved by the CAA, but is owned and maintained
by the particular UK AOC holder (Lessee), who will have decided upon the required level and
frequency of monitoring and re-assessment. The UK AOC holder is required to notify the CAA
when adding and removing Lessors from their company white list. Further details on each of
the six ‘A’s process, is as follows:
a) Acceptance - the CAA Flight Operations Inspector (CAA FOI) will confirm their
“Acceptance” of the UK AOC holder’s process for assessing and adding a Lessor to their
List of Pre-Assessed Wet Lessors (company white list). As a minimum, the UK AOC
holder’s process must include the criteria specified in the CAA’s Minimum Requirements
List (MRL). Please see Appendix B of this Information Notice which details the CAA’s
MRL criteria.
b) Assessment - The UK AOC holder is required to process potential Wet Lessors through
their previously accepted process (see a) above). Once they have decided upon which
Wet Lessors to use, the UK AOC holder must carry out an assessment of those Lessors
they wish to engage with; the outcome of which should be documented and available to
the CAA upon request.
c) Addition - Once the company white list process has been accepted by the CAA FOI and
the UK AOC holder has assessed and satisfied themselves of the equivalent safety
standards of Wet Lessors the UK AOC holder must notify the CAA (their FOI and the
Leasing Co-ordinator via e-mail) when they add a Wet Lessor (Community Operator) to
their company white list.
d) Approval - UK AOC holders must have been granted an Approval by the CAA prior to
wet leasing-in an aircraft from another EASA Member State (EEA plus Switzerland)
operator. This will be issued in the form of a general approval between the particular
Community Operator and the UK AOC holder and can only be obtained by having:
i. An active company white list which includes the particular Community Operator (Lessor)
and which has been previously notified to the CAA;
ii. There is a Lease Agreement in place, duly signed and dated by the Community Operator
(Lessor) and the UK AOC holder (Lessee), and it has been forwarded to the CAA
(Leasing Co-ordinator). The Lease Agreement should detail at least the full legal name
of the Community Operator (Lessor) and of the UK AOC holder (Lessee), along with
details of the aircraft types, registrations and agreed lease period (validity). For
example: a lease agreement could be signed for a two year period of time, so should
detail the lease start date and end date. If the lease is extended beyond the expiry date,
a Side Letter cross-referring to the original Lease Agreement, duly signed and dated by
the Community Operator (Lessor) and UK AOC holder (Lessee), or a new Lease
Agreement can be submitted to obtain a further “Approval” certificate.
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e) Acknowledge - The UK AOC holder must notify the CAA prior to wet leasing-in the
particular aircraft (type and registration) at least 30 minutes prior to the flight. The UK
AOC holder must use the CAA’s on-line notification form and receive an automated e-mail
“Acknowledgement” confirming the use of the General Approval for the specific lease
agreement. Please Note: The “Acknowledgement” is validated by specific approval
given relating to that lessor the conditions of the General Approval must be adhered to.
f) Audit - The CAA will incorporate a review of the UK AOC holder’s wet leasing activities
into their usual auditing schedule.
2.
2.1
Emergency Wet Lease-in Process
Please also refer to paragraph 4 above in the main body of this Information Notice.
Flowchart B: Emergency Process 1
Flowchart B: Emergency Process 1 - Wet Leasing-in from a Non-White List Lessor but the UK AOC
has a Company White List
PROCESS
Action
UK AOC Holder
Action
CAA
Action
Phase
(1)
SUBMISSION
(by UK AOC to the CAA)
(3)
CONSIDERATION
(by UK AOC holder)
(4)
OCCASIONS OF USAGE
(by UK AOC for CAA audit purposes)
An example of one ‘event’ - is where an A330 goes AOG and the UK AOC holder needs to wet lease-in
two smaller aircraft to cover that event.
If the UK AOC holder expects to use the
Lessor again they may decide to add the
Lessor to their company white list or create a
company white list to include the Lessor for
future use.
If the UK AOC decides to add the Lessor to
their company white list, they must follow
the relevant white list process in
Flowchart A (building and maintaining a
company white list).
The UK AOC nominated representative
submits the required declarations via the
wet lease in on-line form, selecting
Emergency Process 1).
UK AOC holders must retain a list of
occasions when they have used the
Emergency Process 1
CAA Leasing Co-ordinator to monitor
and collate information
CAA Leasing Co-ordinator to monitor
and collate information
CAA FOI and/or Leasing Co-ordinator to
review as part of the CAA’s audit of the
UK AOC’s leasing activities
(2)
AUTHORITY TO FLY
(by the CAA)
The UK AOC holder will receive an
automated response that gives authority to
fly by return e-mail.
The approval will be limited in use (as per
conditions of the CAA’s General Approval of
Leasing Agreements in Official Record
Series 4).
CAA Leasing Co-ordinator to monitor
and collate information
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2.2 Flowchart C: Emergency Process 2
Flowchart C: Emergency Process 2 - Wet Leasing-in from a Non-White List Lessor and the UK AOC Holder
Does Not Have a Company White List
PROCESS
Action
UK AOC Holder
Action
CAA
Action
Phase
(1)
SUBMISSION
(by UK AOC to the CAA)
(3)
CONSIDERATION
(by UK AOC holder)
(4)
OCCASIONS OF USAGE
(by UK AOC for CAA audit purposes)
An example of one ‘event’ - is where an A330 goes AOG and the UK AOC holder needs to wet lease-in
two smaller aircraft to cover that event.
If the UK AOC holder expects to use the
Lessor again they may decide to create a
company white list to include the Lessor for
future use.
If the UK AOC decides to create and add the
Lessor to their company white list, they must
follow the process in Flowchart A (on buiding
and maintaining a company white list)
The UK AOC nominated representative
submits the request by selecting Emergency
Process 3 on the Wet Lease In on-line form.
UK AOC holders must retain a list of
occasions when they have used the
Emergency Process 2.
CAA Leasing Co-ordinator to monitor
and collate information
CAA Leasing Co-ordinator to monitor
and collate information
CAA FOI and/or Leasing Co-ordinator to
review as part of the CAA’s audit of the
UK AOC’s leasing activities
(2)
AUTHORITY TO FLY
(by the CAA)
The UK AOC holder can gain an automated
response that gives authority to fly (similar
to Flowchart B: Emergency Process 1) but
will be required to provide additional
declarations/assurances. These will be
highlighted in the Wet Lease In on-line form.
The approval will be limited in use for one
event and as per conditions of the CAA’s
General Approval of Leasing Agreements in
Official Record Series 4).
CAA Leasing Co-ordinator to monitor
and collate information
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APPENDIX B - Minimum Requirements List to Achieve CAA Lease Approval When
Wet Leasing-in a Community Registered Aircraft from Another Community Operator
The items listed below are not exhaustive and may not all be applicable for all types of Operator.
The onus is on the Operator to demonstrate to the Authority compliance with the below to a level
where the Operator themselves is satisfied. This will become part of the routine oversight by the
CAA’s Flight Operations Inspectors. The State of the Operator (for the Lessor) must be fully aware
of the wet leasing-in arrangements. Any item listed below that the Operator deems to not be
applicable must be justified to the Authority.
A list of minimum requirements to achieve CAA lease approval will be published on the CAAs
Aircraft Leasing webpage to assist UK AOC holders.
(a) In order to achieve a CAA accepted white list process, the UK AOC applicant should
consider the following:
The last two years Mandatory Occurrence Reporting (MOR) data and all MORs
during the lease in period – demonstrate how these are reviewed and trend analysis
undertaken
Minutes of the last two years Safety Action Group (SAG) meetings – demonstrate that
a sample of sufficient size is assessed to enable trend analysis
Minutes of the last two years Safety Review Board (SRB) meetings – demonstrate
how these are reviewed and trend analysis undertaken
Flight Data Monitoring (FDM) Output – demonstrate that trends have been assessed
from previous 24 months operations and process for how FDM [anomalies] are
notified to the Operator within a 72 hour window
Review the Operations Manual Content – sample to include Sections 1 (AOC Areas
of Operation), 2 (Aerodrome Operations), 7 (FRMS Part A) and 9 (Dangerous
Goods). Section 2 (Aerodrome Operations) will include briefings on operations into
and out of Cat B and C aerodromes
Compliance system audit – review audit schedule and scope of audits
Fatigue Management system (FM) / Fatigue Risk Management Systems (FRMS)
audit
Evidence of crew training records
Evidence that the UK Operator has reviewed information on the foreign operator’s
Safety Assessment of Foreign Aircraft (SAFA) reports/trends
Continuing Airworthiness (Regulation (EU) No 1321/2014) - demonstrate Part M
(Continuing Airworthiness Requirements) and Part-145 (Maintenance Organisation
Approvals) arrangements for the leased aircraft.
When using a Lessor for 30 days or more in any given 12 month period (cumulative days)
the following should also be considered:
Flight inspections – to be conducted prior to or within 30 days from the start of the
lease agreement and then as part of the normal compliance audit schedule of the
Lessor. The Operator will need to resolve any security aspects with the Lessor and
their competent authority.
Training observation audits – where appropriate, for example Cat C aerodromes or
contaminated runways.
The information in Appendix B, paragraph (a) above should be retained by the UK AOC and
made available to the CAA upon request.
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b) INFORMATION ON THE LEASED AIRCRAFT
The UK AOC holder should have and retain valid documentation comprising the following,
ahead of wet leasing-in aircraft:
the aircraft type, registration and serial number
the name and address of the registered owner
name and address of the foreign operator (Lessor)
the period of the lease (lease start date and end date)
routes to be flown
copy of the lease agreement or description of the lease provisions, except financial
arrangements
A signed statement by the lessee (UK Operator) that the parties to the lease
agreement fully understand their respective responsibilities under the applicable
regulations
Air Operator Certificate (AOC) and the associated Operations Specification,
Operations Approval / Operations Manual entries. (The AOC information should
detail the aircraft type(s) and registration(s) to be used by the UK Operator, the AOC
areas and types of operation and equipment and dangerous goods approvals)
In addition, a copy of the Operating License issued by the State of Operator;
Certificate of Registration (CofR) issued by the State of Registry for all the aircraft to
be used
Certificate of Airworthiness (CofA) issued by the State of Registry for all the aircraft
to be used, along with a copy of the Airworthiness Review Certificates (ARC)
Certificate of Insurance - liability for passenger and third party risks for aircraft to be
used. The level of insurance must meet the minimum requirements of insurance for
passenger and third party liability set out in Article 6 and 7 of EC Regulation No.
785/2004
Dangerous Goods and Munitions of War – one of the following is provided:
(i) A declaration that if the dangerous goods are to be carried, approval to carry
dangerous goods has been issued by the Lessor’s State.
(ii) A declaration that if a dangerous goods exemption and / or a munitions of
war approval or exemption is required, that approval or exemption has been
issued by, or will be sought from, the UK CAA.
A copy of any associated Article 223 Permits issued under the UK Air Navigation
Order 2009 (if required).
c) CONSUMER LAW
(i) The UK AOC holder (the lessee) should ensure that consumers have access
to accurate and easy to understand information as to which carrier is actually
operating the flight(s). This must be at the time they are making a booking, or
as soon as the operator is known.
(ii) This will allow the consumer to make an informed choice, to understand
which Operator is contracted to perform the flight, and to help them access
their statutory rights and any statutory compensation or damages when
things go wrong.
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(iii) The lessee therefore needs to include a commitment to providing consumer
with this information, and that both lessee and lessor are familiar with their
responsibilities on identifying the operating carrier to the passenger under
relevant consumer law, a summary of which appears below for guidance
purposes.
A summary of relevant consumer law on carrier identity can be found in
Appendix C (Relevant Law).
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APPENDIX C – Relevant Law
1 Lease Approval Requirements when Wet Leasing-in a Community Registered
Aircraft, Operated by a Community Operator
1.1 Article 13(2) of Regulation (EC) No. 1008/2008 (also referred to as the Third Package) was
implemented on 1 November 2008 and requires the Lessee of a wet leased aircraft (in the UK,
this is the UK AOC holder) to obtain prior approval from the CAA before the lease
commences, in accordance with Community or national law on aviation safety. Within Europe,
this refers to the Air Operations Regulation.
1.2 Regulation (EU) No. 965/2012 on Air Operations (EASA Air Operations Regulation) was
implemented in the UK on 28 October 2014, and requires the Lessee of a wet leased aircraft
to obtain prior approval from the CAA. The wet leasing-in approval requirements can be found
in the following sections:
Annex II Part-ARO (Authority Requirements) - ARO.OPS.110 Lease agreements:
ARO.OPS.110(a)(4) – dry lease-in of EU registered aircraft and wet lease-in of an
aircraft from an EU operator.
Annex III Part-ORO (Organisation Requirements) – ORO.AOC.110 Leasing agreement:
ORO.AOC.110(a) – dry or wet lease-in
AMC1 ORO.110 (General)
ORO.AOC.110(a) of Regulation (EU) No 965/2012 (Air Operations Regulation) requires a
Community air carrier to obtain prior approval from their competent authority before wet
leasing-in an aircraft. ORO.AOC.110(b) also states that these aircraft can only be wet leased-
in from an Operator that is not subject to an operating ban pursuant to Regulation (EC) No
21111/2005.
1.3 In addition, AMC1 ORO.AOC.110 (General) requires the Community air carrier (Lessee) to
submit the various information and documentation to their competent authority, in order to
obtain this prior Approval. Please take particular note of the requirement for the Lessee (the
UK AOC Holder) to provide a signed statement confirming that the parties to the lease
agreement fully understand their respective responsibilities under the applicable regulations.
1.4 ORO.AOC.110(f) requires Lessors to give notification to their competent authority (State of
Operator) prior to wet leasing-out an aircraft.
2. Contracted Activities in the Air Operations Regulation (ORO.GEN.205 and AMC1
ORO.GEN.205)
2.1 The UK AOC holder has a responsibility for the oversight of all contracted activities, and all
safety related activities, which includes all leasing agreements. AMC1 ORO. GEN.205(c)
requires “…contracted safety related activities relevant to the agreement should be included in
the operators safety management and compliance monitoring programmes”. This would
require UK AOC holders to ensure these activities are embedded within their management
system required by ORO.GEN.200.
2.2 This could be achieved by UK AOC holders having a list of pre-assessed Lessors, which they
have assured meets all of the requirements of Regulation (EU) No 965/2012 (Air Operations
Regulation). In addition to this requirement, when UK AOC holder leases-in an aircraft “… a
statement signed by the lessee that the parties to the lease agreement fully understand their
respective responsibilities under the applicable regulations” (AMC1 ORO.AOC.110).
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3. Summary of Relevant Consumer Law on Carrier Identity
3.1 EU Carrier Identity Regulation 2111/2005 – requires carriers and any other business
selling, offering or displaying flights to disclose the identity of the carrier that will actually be
operating the flight as soon as it is known. Taken together with the requirements of the
Consumer Protection Regulations (see 3.5 below) this requires carriers and ticket sellers to
name the carrier operating the flight from the first stage of a booking process, including
online, telephone and face-to-face sales. The CAA considers the first stage of a booking
process is the initial results displayed or offered following a request or search for flights.
3.2 EU Denied Boarding Regulation 261/2004 – sets out rights for passengers in the event of
denied boarding, delays and cancellations. The operator (lessor) is responsible for meeting
these rights. Consumers may face difficulties in accessing these rights and any
compensation payments they may be entitled to where the carrier they have booked with is
unwilling to meet these obligations and/or where consumers are unaware of the identity of
the carrier operating the flight or unable to contact this carrier.
3.3 EU Persons of Reduced Mobility Regulation 1107/2006 – disabled passengers that
require assistance when travelling through an airport or on an aircraft are entitled to receive
it. Issues can arise where the passenger's requirements are not passed on to the operator,
or where the operator has different policies relating to the carriage of disabled passengers
and any equipment they require.
3.4 EU Computer Reservation System Regulation 80/2009 – requiring that CRS displays
reflect the carrier identity requirements in Regulation 2111/2005.
3.5 UK Consumer Protection from Unfair Trading Regulations 2008 – general consumer
protection law that prohibits businesses from treating their customers unfairly or misleading
them through acts or omissions, or through failures of professional diligence or aggressive
commercial practices which may cause consumers to take a transactional decision they
would not otherwise have taken. It is likely that a failure to identify the carrier operating the
flight is a misleading omission and action and where this causes or is likely to cause a
consumer to take a different transactional decision it will be a breach of these Regulations.
3.6 Montreal Convention 1999 – provides consumers with a right to damages in the event of
delay, lost, delayed or damaged baggage, and rights to damages in the event of the death
or injury to the passenger. The operating air carrier is responsible for meeting these rights.
The Convention sets maximum levels of damages that are payable. Rights under the
Convention are not applicable to domestic flights. As with DBR rights consumers may face
difficulties in accessing damages where they are unaware of or unable to contact or bring a
private right of action against the carrier operating the flight.
