Sting for Wizz Air: the low-cost airline will be required to pay a fine of 500,000 euros. The reason for the heavy sanction by the Antitrust? The “Wizz All You Can Fly” annual pass. According to the Authority, the company failed to provide adequate and timely information on the limitations of the offer. The unfairness of some clauses present in the original version of the general contract conditions was also ascertained.
The critical issues of the “Wizz All You Can Fly” subscription
The offer launched by Wizz Air allows those who sign up to fly at a fixed rate on all international routes operated by the carrier, upon payment of a price of 599.00 euros (499.00 in the initial phase of the promotion).
But, as stated in the press release, the Antitrust ascertained that in carrying out promotional campaigns Wizz Air presented the service as an unlimited subscription, omitting adequate and timely information on the limitations imposed to use it.
“The pre-contractual information provided to the consumer on the characteristics of the season ticket therefore appeared lacking and ambiguous, especially with regard to the booking time windows of individual flights, the number and type of seats available for season ticket holders on each flight, as well as further limitations applicable to the use of the service” explains the Agcm.
Finally, the Authority ascertained the unfairness of some clauses present in the original version of the general contract conditions, in the part in which they attributed to Wizz Air the possibility of modifying the terms and conditions of the service or interrupting its provision entirely, without providing justified reasons or ensuring adequate protection for consumers.
In practice, hindering the right to a pro-rata refund, these contested clauses limited the right of withdrawal, in the event of suspension or termination of the service, even in the event that the airport concerned was the one chosen by the consumer as the preferred hub. A situation that led to a significant imbalance in the rights and obligations of subscribers.
