Cancelled flights, EU: mandatory refunds even with high fuel prices

BRUSSELS - The European Commission published today, Friday 8 May, guidelines to be applied in air transport in an economic context of great uncertainty due to the war in the Middle East. Among other things, Brussels recalls that passengers affected by cancelled flights continue to be subject to EU rights: reimbursement, rearrangement of travel or return, assistance at the airport and reimbursement in case of last-minute cancellations.

"Airlines," Brussels explains, "can only be exempted from paying compensation if they can prove that the cancellation of a flight was caused by extraordinary circumstances, such as a local fuel shortage. The Commission considers that high fuel prices should not be considered an extraordinary circumstance. Moreover, it is not permissible to impose surcharges retroactively because of paraffin costs.

With regard to the airport routes (in English, the slots), "airlines may be exempted from the usual obligations regarding landing and take-off slots due to fuel supply problems at airports". The European Commission has thus decided to suspend the obligation to comply with assigned routes, when the non-use of slots is justified. The decision is important because on the use of slots in a given year depends the use in subsequent years.

To help avoid the closure of some routes, the EU executive also explained, airlines may be exempted from the rule requiring 90% fuel load at take-off. For now, the European Commission does not see fuel shortages. Separately, the European Aviation Safety Agency (EASA) has recalled the rules to be observed when using American paraffin, known as Jet Grade A Fuel.

"The guidelines we are publishing today," explained EU spokeswoman Ana-Kaisa Itkonen in a press point, "are intended to clarify the situation in the event of a fuel shortage. They do not add anything new. They are an interpretation of existing rules'. The guidelines come at a time when many airlines have decided to cancel flights in the run-up to the summer holidays because many routes would no longer be profitable due to the cost of paraffin.