Unfair commercial practices don't fly: The CMA investigates Ryanair over its family seating fees

The UK's Competition and Markets Authority (CMA) is investigating Ryanair over concerns that it charges parents extra fees to sit with their children on some flights. The CMA is examining whether the low-cost carrier's "mandatory family seat" fee breaches consumer law.

In this article, David Wozniak, associate solicitor in our commercial team, takes a look at the potential implications of the CMA’s investigation into Ryanair’s seating charges for the wider travel industry.

Mandatory fees 

Ryanair's terms and conditions require at least one parent or guardian to sit with children aged 2 to 11. The parent or guardian has to pay a compulsory fee to reserve a “mandatory family seat”. The fee, which typically costs around £8 each way, applies to both outbound and return flights. The CMA will investigate whether this mandatory fee constitutes an unfair contract term and whether families are effectively being charged for the airline to fulfil its own child safety and disability-related obligations under aviation law.

The investigation will also examine whether the mandatory seating charge amounts to "drip pricing", which is an unfair commercial practice under the Digital Markets Competition and Consumer Act (DMCCA). Under the DMCCA, drip pricing is the practice of introducing mandatory charges during the booking process, rather than showing the total price of the product or service at the outset (in the advertising material). The CMA said it has not yet reached a conclusion on whether Ryanair has breached consumer law.

Drip pricing is a no-fly zone

In 2024, the UK government declined to legislate on optional dripped fees (such as most fees for airline seats and luggage upgrades), although it indicated that it would look further at the issue. Ryanair has defended its policy, arguing that it complies with all relevant regulations. The airline says adults travelling with children pay for only one reserved seat, while up to four children can be seated next to them free of charge. However, consumer rights advocates argue that keeping young families together should not come at an additional cost for parents or guardians.

The outcome of the CMA’s investigation could have wider implications for the travel industry, potentially leading to changes in how carriers allocate seats for families travelling with young children. Whatever the outcome of the CMA’s investigation, businesses should always have fair commercial practices as part of their flight plan to avoid risking hefty fines and reputational damage.

For more information on anything covered in this article, or on consumer law in general, contact David Wozniak on [email protected] or 0191 2117831.