Ryanair under investigation for charging parents to sit with children
Key Points
- The CMA has launched an investigation into Ryanair over its "mandatory family seat" fee, which requires parents to pay to sit next to children aged 2 to 11.
- The fee typically costs around £8 each way and applies across the majority of Ryanair's UK routes, with seat reservations optional for all other passengers.
- The CMA will examine whether the charge is an unfair contract term under consumer law and whether the fee is "dripped" into the booking process rather than shown upfront.
- Ryanair is the only major UK airline to impose this charge, and does not apply it on Italian routes following regulatory action there.
- The CMA expects to provide an update within six months and can fine companies up to 10% of global turnover for consumer law breaches.
The Competition and Markets Authority (CMA) has launched an investigation into Ryanair over fees that parents must pay to sit next to their children on flights.
Ryanair’s terms and conditions require at least one parent to sit with their children aged 2 to 11 when flying. The airline enforces this through what it calls a “mandatory family seat”, which the parent must pay for to secure a seat next to their child.
The fee applies to both outbound and return flights and typically costs around £8 each way, although Ryanair’s website states it can range from €4.50 to €13.50, equivalent to £4 to £12.
For all other passengers, reserving a seat is optional.
CMA evidence suggests Ryanair applies this approach to seating across the majority of its UK routes.
The regulator is investigating whether the charge means parents are paying for the airline to meet its child safety and disability-related obligations under aviation rules, and whether the practice complies with consumer law.
Specifically, the CMA will examine whether Ryanair’s contract term is “unfair” under consumer law. Contract terms are unfair if they put customers at an unfair disadvantage, with the law applying a fairness test that asks whether the wording tilts the balance of rights and responsibilities too far in favour of the business.
Unfair terms are not legally binding on customers, and the CMA can take enforcement action to stop businesses using them.
The CMA understands that Ryanair is the only major airline flying out of the UK to impose this charge. Other airlines offer to seat children with a parent or guardian without requiring a paid adult seat reservation, or allocate seats together automatically during booking for free.
Ryanair’s website refers to “Free reserved seats for kids under 12”, but parents and guardians must pay a booking fee to access these seats.
The investigation will also examine whether Ryanair “drips” the mandatory family seat fee during the booking process and whether consumers see the total price they will pay.
Under consumer law, businesses must show a total price that includes all unavoidable charges rather than adding extra charges separately or later in the process. This allows consumers to compare prices effectively and understand the true cost of what they are buying.
Hayley Fletcher, Senior Director of Consumer Protection at the CMA, said families often save up to afford a summer holiday and that extra charges can quickly bump up the price.
“Our investigation will consider Ryanair’s approach to family seat reservations and how the cost is presented to consumers to determine whether they comply with consumer law,” said Fletcher.
“For the past year, we’ve told businesses to ensure their customers are shown the total price upfront. Those who don’t face the very real possibility of action from the CMA.”
The CMA is at the beginning of its investigation and has reached no conclusions about whether Ryanair has broken the law. It expects to provide an update within six months.
The regulator noted that Ryanair does not apply the fee on every flight, with evidence suggesting parents may be seated with their children at no additional cost in a limited number of cases. The CMA will examine this as part of its investigation.
Ryanair also does not apply the fee on flights to and from Italy, following action by the country’s civil aviation authority. Ryanair lost an appeal against the Italian ban in court.
The investigation forms part of the CMA’s wider work to ease cost of living pressures. Since its strengthened consumer powers came into force, allowing it to fine companies and secure refunds, the CMA has launched investigations into 15 businesses across sectors including ticketing, gyms, homeware and online reviews.
Under the new consumer regime, the CMA can fine companies that infringe consumer protection law up to 10% of their global turnover, or £300,000 where this is higher.
The investigation could result in a finding of unlawful conduct, the imposition of remedies, or case closure.
