Passenger rights

Air travel: EU-wide agreement on compensation; the three-hour threshold for delays remains in place

An agreement has been reached at EU level on the regulation concerning passenger rights. The airlines had asked for the threshold to be raised to 4–5 hours

by Mara Monti

Photo of passengers waiting for flight Getty Images

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

The European Council has reached an agreement on the reform of the regulation on air passenger rights. The text has received “broad support” from Member States and is due to be approved by MEPs by Monday. “It has been a very difficult process,” admits a European diplomat. The text was approved by the Member States, with two voting against (Spain and Latvia) and two abstaining (Austria and Finland).

The most hotly debated issue concerned compensation for delays, where the text retains the three-hour ‘status quo’. The airlines had asked for this to be increased to between four and five hours and for a distinction to be made between medium- and long-haul flights, complaining that the $8 billion in compensation paid out each year was a heavy burden on their balance sheets.

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The agreement reached on the text “is very pragmatic”. For example, if you’re travelling with a child, “there’s no charge for them to sit next to you”, or if you’re travelling with a pushchair, “you don’t have to check it in. You take the pushchair with you, take it to the aircraft door, leave it there and collect it on arrival. So small things that make a big difference to the public”. The source highlights that the main changes concern greater protection against no-show practices, particularly for people with reduced mobility, pregnant women and unaccompanied minors, as well as safeguards against missing return flights due to missed outbound journeys.

 Strengthened rights for people with specific needs, including priority assistance and re-routing, guaranteed seating alongside carers or family members, greater protection for mobility equipment, and compensation in the event of inadequate assistance.

 Faster, better and fairer rebooking options that oblige airlines to actively seek alternative transport, including with other carriers, allowing passengers to arrange their own rebooking where necessary.

 Clear deadlines for airlines to process compensation claims, alongside stricter rules on the use of vouchers. Better baggage rights, including the ability to carry musical equipment in the cabin under appropriate conditions and greater safeguards for passengers’ personal belongings. New protections for missed connecting flights, with passengers’ rights now clearly enshrined in EU law.

The airlines’ reaction was not long in coming: “The endless political back-and-forth is now leading to a bad law that breaches existing EU consumer protection rules, without solving the real problems of reducing delays and cancellations,” said Ourania Georgoutsakou, CEO of Airlines for Europe (A4E), a lobbying organisation for European carriers.

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