Courts to rule on flight fight

Tuesday 05 December 2017

The battle for air passengers between Jersey and Guernsey looks set to hit the courts with Blue Islands asking for a judicial review of its competitor's license.

Waves markets itself as an 'on demand' air taxi service which has no scheduled services - customers contact the firm with their travel requirements.

But Blue Islands has appealed to Guernsey's Transport Licensing Authority for a judicial review of Waves' air taxi licence, arguing that it is similar to a scheduled service as it sets the departure and arrival airports for the passenger, it sells individual seats, and it markets seats on flights with no passengers already booked.

"If Blue Islands started operating a daily service on any Aurigny route under the claim of being an air taxi, the TLA would step in and stop it. That is exactly what should have happened here," Blue Islands said in a statement.

They continued: "Competition on the inter-island route is nothing new, and Blue Islands continues to face it every day with Flybe – even though it is a franchise partner, a seat sold on a Flybe aircraft is of no value to Blue Islands. Previously, Blue Islands and Aurigny vigorously competed on the route, and each lost £1m a year in the process. Blue Islands believes in competition, and are happy to compete on any of its routes, but competition must be on a level playing field – and not from an operator ignoring the laws. The Air Transport Licensing Law and associated policy statement insists the impact of a new operator on any route is considered and the incumbent operator is given the chance to make an official representation. By ignoring the law the Transport Licensing Authority has denied Blue Islands this opportunity."

Pictured: Blue Islands said that they were no strangers to competition, but wanted this to be on a "level playing field."

They added that their case should help to "protect potential investors from harm" due to the "clarity" it will bring, stating: "If Waves fails, Guernsey could very well suffer unquantifiable reputational damage."

"Air services between Guernsey and Jersey must remain sustainable and continue to provide regular, scheduled services which benefit the whole travelling community – and not just those who can afford the higher Waves ticket price.

"Blue Islands is commencing this judicial review to end what is, purely and simply, illegal activity," the statement concluded.

Waves has since hit back, saying that, despite the impending court action, it's "business as usual."

“The team has worked incredibly hard over the past ten months to make that vision a reality. We are a Guernsey based company, listening to the local community demanding more flexible travel solutions and employing local staff whenever possible. We are adding value both to the island’s community and economy,” said Waves CEO Nick Magliocchetti.

Pictured: Waves CEO Nick Magliocchetti.

Earlier this year, Waves applied for an Aircraft Operators Certificate (AOC) and on the 22 September 2017, was granted the certificate which enables it to operate an inter-island air taxi service. 

“We are here to provide our customers with an on demand flexible service,” said Head of PR and Marketing, Emy De La Mare.

“This is what the public want and it’s why they use us. To date, we have opened more than 30 corporate accounts with another 10 currently going through due diligence checks, it’s a very exciting time for the business."