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BackAir passenger rights have been regulated in an EU Regulation since 2005. Nevertheless, many travellers still have problems to assert their rights, a fact that the Commission concedes in its statements on the new Regulation proposal. The difficulties concern various aspects such as lost baggage, withheld meals, accommodation or unpaid compensation. In line with its own statements, the Commission now wants to strengthen passenger rights in a new Regulation proposal. However, a first glance at the legal text shows that not every aspect has been successful.
Surveys undertaken by the Commission in several countries show that in spite of the Regulation, which has been in place for 8 years, air passengers are still faced with many problems to assert their rights. For example, in less than 50 % of cases where passengers were affected by long delays, they were offered refreshments, meals or accommodation. A Danish survey even concluded that less than 4 % of air passengers, who are entitled to compensation, would actually receive it. According to information by the Commission, these problems are caused among other by legal provisions, which are unclear and by inadequate sanction rules of national authorities.
The new Regulation proposal by the Commission is now reacting to the complaints of air passengers, but unfortunately also to some demands made by airlines:
In the past, airlines were always keen to cite the term “exceptional circumstances” in case of delays, which meant that they did not have to pay financial compensation. The new Regulation text now clearly defines exceptional circumstances: exceptional circumstances are circumstances, which are outside the control of the airline. The text also provides examples: exceptional would be natural disasters or strikes by air traffic controllers. Not exceptional would be technical problems during routine aircraft maintenance.
Whilst the European Court of Justice recently found that a claim to financial compensation only existed in cases of delays exceeding three hours (apart from the exceptional circumstances mentioned above), the Commission is now proposing a different regulation, which is significantly worse for passengers: in respect of flights within the EU and international flights of up to 3,500 km, a claim for financial compensation shall only apply in cases of 5-hour delays; or 9-hour delays (distance of up to 6,000 km) resp. 12-hour delays (distance over 6,000 km) for all other flights from or to third countries. The Commission justifies the new regulation by explaining that in most cases airlines would require more than three hours to organise spare parts or replacement aircrafts, and after all, the main objective was to ensure that passengers would reach their destination.
At least the period, where air passengers are already in the cabin, the aircraft, however, still on the runway, shall be added to the delay. Explicitly mentioned are adequate heating resp. ventilation of the cabin, as well as the right to use the toilet and the provision of drinking water if the aircraft is delayed or waiting on the runway for an extended period.
However, a more positive aspect is the fact that the issue of connecting flights in case of delayed arrival has now been clearly regulated: services have to be provided if the arrival is delayed by two hours; a right to financial compensation exists in cases where delays exceed five hours for distances of up to 3,500 km (resp. 9 hours for up to 6,000 km and 12 hours for more than 6,000 km). However, the Commission limits the duty of airlines to provide accommodation in exceptional circumstances to three nights (exempt are persons with restricted mobility and accompany persons, pregnant women and children travelling on their own). Apart from that, there shall be no duty to provide accommodation in case of shorter distances of up to 250 km.
However, the fact that the proposal of the Commission states that the return flight does not lapse if the outbound flight has not been used is positive. Until now most airlines adopted the practice that the return flight automatically lapsed when the outbound flight had not been used.
With regard to lost or damaged baggage, only very few owners were compensated in full. According to the new Regulation text, airlines must now give passengers the opportunity, to state the actual value of the baggage, which increases the liability of airlines accordingly.
The Commission is obviously going in the right direction with regard to enforcing air passenger rights: the coordination and the exchange of information between national enforcement bodies shall be significantly improved with the help of the Commission. Airlines shall be obliged to establish clear complaint proceedings (for example via an online form) and to deal with complaints within two months.
Following the publication of the new Regulation proposals, Council and European Parliament will start negotiations in the coming weeks. This may still result in significant changes to the legal text. When the consultations will be complete and the new Regulation will come into force is currently still completely open.
Additional information:
Regulation proposal of the Commission on air passenger rights
The new Regulation proposal by the Commission is now reacting to the complaints of air passengers, but unfortunately also to some demands made by airlines:
In the past, airlines were always keen to cite the term “exceptional circumstances” in case of delays, which meant that they did not have to pay financial compensation. The new Regulation text now clearly defines exceptional circumstances: exceptional circumstances are circumstances, which are outside the control of the airline. The text also provides examples: exceptional would be natural disasters or strikes by air traffic controllers. Not exceptional would be technical problems during routine aircraft maintenance.
Whilst the European Court of Justice recently found that a claim to financial compensation only existed in cases of delays exceeding three hours (apart from the exceptional circumstances mentioned above), the Commission is now proposing a different regulation, which is significantly worse for passengers: in respect of flights within the EU and international flights of up to 3,500 km, a claim for financial compensation shall only apply in cases of 5-hour delays; or 9-hour delays (distance of up to 6,000 km) resp. 12-hour delays (distance over 6,000 km) for all other flights from or to third countries. The Commission justifies the new regulation by explaining that in most cases airlines would require more than three hours to organise spare parts or replacement aircrafts, and after all, the main objective was to ensure that passengers would reach their destination.
At least the period, where air passengers are already in the cabin, the aircraft, however, still on the runway, shall be added to the delay. Explicitly mentioned are adequate heating resp. ventilation of the cabin, as well as the right to use the toilet and the provision of drinking water if the aircraft is delayed or waiting on the runway for an extended period.
However, a more positive aspect is the fact that the issue of connecting flights in case of delayed arrival has now been clearly regulated: services have to be provided if the arrival is delayed by two hours; a right to financial compensation exists in cases where delays exceed five hours for distances of up to 3,500 km (resp. 9 hours for up to 6,000 km and 12 hours for more than 6,000 km). However, the Commission limits the duty of airlines to provide accommodation in exceptional circumstances to three nights (exempt are persons with restricted mobility and accompany persons, pregnant women and children travelling on their own). Apart from that, there shall be no duty to provide accommodation in case of shorter distances of up to 250 km.
However, the fact that the proposal of the Commission states that the return flight does not lapse if the outbound flight has not been used is positive. Until now most airlines adopted the practice that the return flight automatically lapsed when the outbound flight had not been used.
With regard to lost or damaged baggage, only very few owners were compensated in full. According to the new Regulation text, airlines must now give passengers the opportunity, to state the actual value of the baggage, which increases the liability of airlines accordingly.
The Commission is obviously going in the right direction with regard to enforcing air passenger rights: the coordination and the exchange of information between national enforcement bodies shall be significantly improved with the help of the Commission. Airlines shall be obliged to establish clear complaint proceedings (for example via an online form) and to deal with complaints within two months.
Following the publication of the new Regulation proposals, Council and European Parliament will start negotiations in the coming weeks. This may still result in significant changes to the legal text. When the consultations will be complete and the new Regulation will come into force is currently still completely open.
Additional information:
Regulation proposal of the Commission on air passenger rights