Air travel: stricter measures to protect passengers from October 2027

The issue of hand luggage, particularly in recent years and with the various restrictions imposed by airlines, has caused quite a stir. And so the EU has stepped in to sort things out.

According to the Regulations, personal hand luggage (such as a shoulder bag or rucksack) may only be taken into the cabin if it complies with specific dimensions – it must not exceed 40x30x15 centimetres – or if it can be stowed under the seat. As for food and drink, these may be taken on board provided they are appropriate for the duration of the flight.

Conversely, stowing a trolley in the overhead locker may require the payment of a surcharge on the ticket. Airlines, however, must structure their offers in a reasonable and transparent manner: at the time of booking, they must present, as their first offer, a package including the flight and a trolley, whilst allowing travellers carrying only a personal bag to access less expensive options. Furthermore, when presenting the various options prior to purchase, they must explicitly list all the specifications of permitted luggage (number, weight and dimensions) and any surcharges payable for specific items.

In the event that it is impossible to stow hand luggage for purely logistical reasons – for example, if the overhead lockers are full – passengers who are obliged to check it in will not have to pay a single euro more for the service.

In addition to the new provisions, the European Parliament and the Council have sought to implement fundamental rights that are already in force. Such as the right to a refund or the right to re-routing (the option to obtain an alternative flight or a new booking at no extra cost) in the event of a cancelled flight or denied boarding. The option compensation in the event of a delay of more than three hours, cancellation with less than 14 days’ notice, or denied boarding. There is a disclaimer worth reiterating: in all these situations, the customer must be informed of the disruption – as far as possible – in good time.

The distance of the flight will continue to affect the amount of compensation: 250 euros for journeys of up to 1,500 kilometres; €400 for flights within the European Union and those over 1,500 kilometres, as well as for flights between 1,500 and 3,500 kilometres; €600 for longer journeys. As regards this last category of journey, airlines may reduce compensation by 50 per cent if they guarantee passengers re-routing to their final destination under comparable conditions of transport, if there has been an interruption to the journey, or if the delay on arrival does not exceed four hours.

However, in the event of a delay or cancellation due to or exceptional circumstances, the obligation to pay compensation ceases to apply. It is precisely on this point that the Regulation takes decisive action, clearing up any ambiguities with a detailed list: exceptional circumstances include natural disasters, wars, adverse weather conditions, unruly passengers, strikes by airport staff, air navigation service providers or ground staff.

Compensation will therefore not be provided, but assistance will be: operators will, in fact, be required to provide passengers who have been unable to travel with refreshments every two hours of waiting time, refreshments every two hours of waiting, and, in the event of prolonged delays, also accommodation where they can spend the night free of charge (for a maximum of three nights if the cancellation of the journey is due to reasons beyond the airline’s control, except for vulnerable groups such as passengers with disabilities, pregnant women, infants, unaccompanied minors, passengers who have requested medical assistance and accompanying persons). Internet access and two telephone calls must also be provided.

As regards the timeframe, claims for compensation must be submitted within nine months. Once submitted, the insurance companies will have 30 days to pay the amount due or explain why the payment will not be made, citing exceptional circumstances as a mitigating factor. The customer’s claim will then be referred to the complaints department.

Goodbye to endless and costly procedures. Or so it seems, at least. Consumers who opt for a refund rather than re-routing will receive it automatically within seven days. Those who, on the other hand, experience journey disruptions will be guided through the process of completing their claim within four days of the end of their journey.

After a five-hour delay, passengers may decide to cancel their journey and receive a full refund for the sections not travelled, including any fees. If the delay renders the journey unfeasible, a refund may be granted for the section already travelled and, if necessary, for the return journey to the point of departure. In the event of cancellation, passengers may choose between a refund and re-routing; if notice is not given at least 14 days in advance, compensation may be payable – subject to exceptions.

Rerouting does not necessarily have to be on the next flight with the same carrier: alternative airlines, different routes, different airports or trains and buses may be offered if they help to reduce journey times. If, within three hours, no solutions have been put forward, the customer may take action independently, requesting reimbursement of necessary expenses, up to 400 per cent of the ticket price.

The alternative – a more flexible option – voucher may replace the cash compensation only if requested by the passenger. It will be valid for one year, may be extended for a further 12 months, and any remaining balance must be refunded within a week.

In the event that the aircraft does not depart on time due to a delay on the tarmac, the airline must, first and foremost, provide passengers with timely, real-time updates. Not only that: it must ensure, in accordance with safety standards, adequate heating or cooling of the cabin, drinking water, free access to toilets and appropriate assistance for vulnerable passengers.

Should the delay exceed two hours, the carrier may not keep passengers on board, except for reasons relating to safety, immigration or air traffic control that prevent the aircraft from leaving the runway within the time specified in the booking. Passengers who are disembarked shall be entitled, in accordance with the established rules, to request a refund.

It may happen that, due to a delay to the previous flight, a passenger is unable to catch the next one and, consequently, to reach their destination on time. In such cases, it is always the airline’s responsibility to provide re-routing: if, within five hours of the scheduled departure time of the connecting flight, this measure has not been taken, the passenger is also entitled to a refund for undue delay. Compensation is also payable if the passenger manages to reach their chosen destination but with a delay of more than three hours.

The Regulations also, quite reasonably, set out the protection in the event of overbooking. Passengers who have made a valid booking but are denied boarding and prevented from travelling because the aircraft’s capacity has been reached and cannot be increased may be entitled to compensation bands commensurate with the distance to be travelled (i.e. 250, 400 or 600 euros to be paid within seven days), as well as a refund, re-routing on an alternative flight and assistance.

If a passenger opts for re-routing and is accommodated in a higher class of travel than that which they had previously booked, they do not have to pay any additional charges. If, on the other hand, they are accommodated in a lower class, the airline has 14 days to issue an automatic refund of at least 30 per cent of the flight price for journeys of 1,500 kilometres or less; 50 per cent of the flight price for routes within Europe exceeding 1,500 kilometres; 75 per cent in all other cases.

Necessary adjustments are also required with regard to the protection to be afforded to vulnerable passengers. Passengers with disabilities or reduced mobility will have priority access to assistance, rebooking or compensation from the airline if they are unable to travel due to a failure on the part of the airport – that is, if staff are unable to help them reach the gate in time.

For families with children, on the other hand, no more separate seats: those travelling with a child under the age of 14 (as well as those travelling with passengers requiring special assistance and with pregnant women) will be entitled to a seat next to them without having to pay any extra charges.

Prams and pushchairs may be taken right up to the gate or the aircraft door free of charge. However, if these mobility aids are damaged, lost or not returned, the airline will be liable for compensation. Finally, there are also provisions for assistance dogs.

A separate section then looks at the issue of damaged luggage, lost or delayed luggage. In such cases, the passenger must submit a complaint to the airline as soon as possible – within seven days in the event of damage to checked-in luggage, and within 21 days in the event of delays: as stated in the Regulation, these time limits are calculated from the date on which the luggage was made available to the passenger. How should you proceed? The procedure is fairly straightforward: at the baggage reclaim area, as well as on the carriers’ websites and apps, consumers can access a dedicated form, which they must then submit in either paper or digital format.

Last but not least, the information requirements. Airlines and intermediaries must include – in a prominent and easily accessible manner – an information notice on their website or mobile app specifying the rights regulated by this new legislative framework, including information on the procedure for making a complaint.

Not only that: when tickets go on sale, and before the purchase process is finalised, carriers and intermediaries must inform consumers about the type of ticket (particularly if a single contract of carriage or a combination of different contracts applies), passengers’ rights and obligations, the procedure for name corrections, the terms and conditions of the contract, the recovery of personal items or hand luggage left behind in the cabin, and contact details for help and assistance in the event of a service disruption.