Revision of the regulations on air passenger rights and on airline liability

Ministers for transport reached a political agreement on the revision of the regulations on air passenger rights and on airline liability. The new framework seeks to establish simpler and clearer rules for air passengers, while striking a better balance between a high level of protection for passengers and preserving connectivity and a level playing field for the aviation sector within the EU’s internal market.

The Council position aims to strengthen and clarify several existing air passengers rights, together with the introduction of certain new rights.

Key rights in the text include:

  • the right to be rerouted
  • the right to assistance
  • the right to compensation in case of cancellations and delays
  • the right to information

The right to be rerouted

Airlines must offer passengers rerouting at the earliest opportunity, including the possibility to be rerouted through flights operated by other carriers or alternative transport modes where suitable.

Additionally, if an airline fails to provide an appropriate rerouting within three hours of a disruption, passengers may arrange their own rerouting and claim reimbursement of up to 400% of the original ticket cost.

The right to assistance

In addition, the right to assistance (refreshments, food, accommodation) is now clearly spelt out. If an airline fails to provide this, passengers may make their own arrangements and be reimbursed afterwards. In case of tarmac delay passengers would be entitled to minimum assistance and should be disembarked after 3 hours.

The right to compensation in case of cancellations and delays

Taking into account notably the impact assessment from the European Commission, the Council proposes updated thresholds for compensation due to long delays.

Airlines are not allowed to deny compensation because of ‘extraordinary circumstances’ unless they prove they took all reasonable steps to prevent disruptions.

Compensation varies based on distance:

  • journeys under 3,500 km and intra-EU journeys: compensation applies for delays of 4+ hours (€300)
  • journeys over 3,500 km: compensation applies for delays of 6+ hours (€500)

The Council position also introduces several changes as regard the rules for cancellations for which passengers can claim compensation. Passengers who are informed of the cancellation of their flight less than 14 days before departure are entitled to a compensation. In case of cancellation, the airline must provide the passengers with pre-filled forms for them to request compensation.

The Council also wants to disincentivise the currently widely used ‘no-show’ policy. In this respect, passengers who are denied boarding on a return flight because they did not take the outbound flight, would be entitled to compensation.

The right to information

EU air passengers should be better informed about their rights. Airlines should comply with stricter information obligations, including information while booking and information on the  handling of complaints and requests.

New provisions introduce strict deadlines for airlines to respond to passenger claims. Passengers would have up to 6 months from the disruption to submit a request or a complaint to the airline. A deadline of 14 days from the submission of the request is introduced for airlines to pay compensation or to provide a clear and substantiated reply to a passenger.

Next steps

The Council position will now be examined by the European Parliament, under second reading. The Parliament will subsequently have the possibility to approve, amend or reject this Council position.

Background

The regulation on air passenger rights and the regulation on airline liability currently already protect the interests of air passengers in the EU, in case they are denied boarding, or should their flight be delayed or cancelled. The texts also give rights to passengers in case of accidents or loss, destruction or damage to baggage.

To clarify certain key principles and unclarities that exist around the current regulations, the Commission proposed an update of the regulations in June 2013. (source consilium.europa.eu/photo freepik.com)


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