Can I Sue Over Hidden Fees and Junk Fees? (UK)

That “bargain” flight suddenly costs £50 more at checkout. Your broadband bill includes charges you never agreed to. Hidden fees and drip pricing are frustrating — but in the UK, they may also be illegal. Here’s when you might have grounds for action.

This article is for informational purposes only and does not constitute legal advice.

What Counts as a Hidden Fee?

Hidden fees — sometimes called “junk fees” or “drip pricing” — are charges that aren’t clearly disclosed upfront. Common examples in the UK include:

• Drip pricing: Airlines and hotels adding mandatory charges (card fees, “resort fees”) at checkout
• Admin fees: Vague administrative charges on bills
• Early termination fees: Excessive penalties buried in contracts
• Delivery charges: Not disclosed until the final checkout page
• Subscription add-ons: Pre-ticked boxes for extras you didn’t request
• Service charges: Compulsory gratuities not clearly disclosed

UK Legal Framework

Consumer Rights Act 2015

This Act requires contract terms to be fair and transparent. Key protections include:

• Terms must be in plain, intelligible language
• Unfair terms are not binding on consumers
• Hidden fees may be deemed unfair if they create a significant imbalance
• The main subject matter and price are only exempt from fairness assessment if “prominent”

Consumer Protection from Unfair Trading Regulations 2008

These regulations prohibit:

• Misleading actions: Giving false information about prices
• Misleading omissions: Hiding material information consumers need
• Aggressive practices: Pressuring consumers into payments

Crucially, failing to disclose mandatory fees upfront is likely a misleading omission.

Consumer Contracts Regulations 2013

For online and distance sales, traders must provide clear price information before you’re bound by the contract, including all additional charges.

Digital Markets, Competition and Consumers Act 2024

This recent legislation strengthens the CMA’s powers to tackle unfair commercial practices, including drip pricing. It introduces direct enforcement powers and potentially significant fines.

When You May Have a Claim

You may have grounds for action if:

• Mandatory fees weren’t disclosed until checkout or after purchase
• The total price was significantly higher than advertised
• Terms were hidden in small print or difficult to find
• Pre-ticked boxes added unwanted charges
• Fees were described in confusing or misleading terms
• You weren’t given required information before the contract was made

When It’s More Difficult

Claims may be harder when:

• Fees were clearly disclosed upfront (even if you didn’t read them)
• The charges are genuinely optional extras you selected
• The fee is a legitimate cost passed on at cost price (like a delivery charge clearly shown)
• You’re a business customer (consumer protection is more limited)
• Significant time has passed since the transaction

What You Can Claim

Depending on the circumstances, you may be entitled to:

• Refund of the hidden fee: If the term was unfair or the practice misleading
• Price reduction: To reflect what you should have paid
• Right to unwind: Cancel the contract within 90 days if misled
• Damages: For financial losses and, in some cases, distress
• Interest: On money you shouldn’t have paid

Steps to Take

1. Gather evidence: Screenshot the advertised price, save emails, keep receipts showing the final amount charged
2. Complain to the trader: Write formally requesting a refund of undisclosed fees
3. Use their complaints procedure: Many sectors have formal processes to follow
4. Contact your card provider: You may be able to do a chargeback for goods/services not as described
5. Report to Trading Standards: Via Citizens Advice Consumer Service (0808 223 1133)
6. Consider Alternative Dispute Resolution: Many sectors have ombudsman schemes
7. Small Claims Court: For amounts up to £10,000, you can use the Money Claims Online service

Recent Enforcement Action

The CMA has been increasingly active on hidden fees:

• Investigated hotel booking sites over hidden resort fees
• Taken action against airlines for drip pricing practices
• Challenged car rental companies over compulsory insurance add-ons
• Scrutinised broadband providers over mid-contract price rises

Frequently Asked Questions

Is drip pricing illegal in the UK?

Drip pricing — where mandatory fees are only revealed at checkout — is likely to breach consumer protection regulations as a misleading omission. The CMA considers it a priority enforcement area, and the 2024 Act strengthens powers against it.

What about “optional” fees that are practically compulsory?

If a fee is described as optional but is realistically unavoidable (like paying to print your own boarding pass), regulators may still consider it misleading. The test is whether consumers are misled about the true cost.

Can I get a refund for a hidden fee I already paid?

Yes, potentially. If the fee was unfair or undisclosed, you can request a refund from the trader. If they refuse, you can pursue through ADR schemes, chargeback, or small claims court.

How long do I have to make a claim?

For contract claims, generally 6 years from when the problem occurred (5 years in Scotland). However, chargebacks typically must be initiated within 120 days. Acting promptly strengthens your position.

Should I report hidden fees even if I got a refund?

Yes — reporting to Trading Standards helps build evidence for enforcement action that can stop the practice for everyone. You can report via Citizens Advice.