Passenger Rights

Airlines, all clarifications and new EU rules on hand luggage and compensation

EU rules state that small hand luggage is free, but trolleys must be paid for. New rules on delays and compensation

by Mara Monti

(Adobe Stock)

3' min read

3' min read

There is no charge for hand luggage to be placed under the seat on board an aircraft. This is the firm point established by the transport ministers of the EU member states meeting in Brussels in recent days to define the new regulation on passengers' rights and clarify what is to be paid for and what instead must be paid for. The case of trolleys up to 10 kilograms to be stowed in the overhead compartment, which remain subject to payment, is different. In the jungle of air transport, clarity has been achieved in the face of the proliferation of airlines charging for this additional service by putting it in black and white that a single piece of luggage, a small suitcase or a backpack travels for free.

The battle against additional costs

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The battle against airline ticket surcharges saw Spain at the forefront when last November Madrid condemned five airlines for abusive practices. The 179 million euro fine concerns, among other things, additional costs for hand luggage.

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The European airlines. on their side, have always argued for a different interpretation of the jurisprudence according to which under European law and the single market, carriers have the right to unbundle their services in order to offer passengers the best possible package, explain representatives of A4E (Airlines for Europe).

Reform of EU air passenger rights

The proposal is part of a broader project to reform the rights of EU air passengers, which envisages a revision of the 12-year-old regulation that also concerns compensation for flight delays. A controversial passage on which the EU ministers agreed that for journeys of less than 3,500 kilometres and within the EU a compensation of EUR 300 applies for delays of more than four hours. While for journeys of more than 3,500 kilometres a compensation of EUR 500 applies for delays of more than 6 hours.

Changes in compensation for flight delays

It is currently possible to claim compensation of between €250 and €600 for delays of three hours or more. The directive applies to any flight departing from an EU airport, regardless of the nationality of the airline, and to flights arriving in the EU if operated by an EU airline. It does not apply, however, to flights to Europe operated by non-EU companies (e.g. British), nor to non-EU flights with a stopover in Europe. The upper limit is thus extended, but the ceiling is lowered to EUR 500 from EUR 600. Airlines were demanding thresholds of between five and nine hours to trigger compensation "which cost the carriers at least €5 billion in costs without having any effect on reducing delays and cancellations," complained Iata, the airline association.

New rules for passenger re-routing

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The proposal of the European Council of Transport Ministers, to be voted on by the European Parliament before the end of the year, also foresees an obligation for companies to re-route the passenger of a cancelled flight as soon as possible, including the possibility of being re-routed to flights operated by other carriers or alternative modes of transport, if appropriate: if an airline fails to provide adequate re-routing within three hours of a disruption, passengers can claim reimbursement of up to 400% of the original cost of the ticket.

Passengers' right to be informed about their rights remains with the airlines, which, according to the Council, "should comply with stricter information requirements, including information at the time of booking and information on the handling of complaints and enquiries".

Strict deadlines for airline refunds

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The new provisions introduce strict deadlines for airlines to respond to complaints: passengers have up to six months from the disruption to submit a request or complaint to the airline and a deadline of 14 days from the submission of the request is introduced for airlines to pay compensation or provide a clear and reasoned answer to the passenger.

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