Protection of rights

The European Parliament approves new rules for enhanced protection of air passengers

Compensation for delays of more than three hours remains in place. Refund procedures have been simplified and greater attention is being paid to vulnerable travellers. The EU Council’s approval is awaited for the rules to come into force

Credits: Pexels (Victor Freitas)

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

Compensation that is less cumbersome in the event of a delay. Seat selection at no extra charge for those travelling with a child and hand luggage included in the ticket price. These are just some of the measures incorporated into the European Regulation on air passenger rights and approved by Parliament.

With 646 votes in favour, 12 against and three abstentions, MEPs have given the go-ahead to the amendments – agreed with the European Council through a provisional agreement reached in the Conciliation Committee – to Regulation (261/2004). This regulation, which has been in force since 2004, ensures adequate protection in the event of travel disruptions, such as denied boarding, flight delays or cancellations.

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“We have worked hard to ensure that passengers do not lose the rights they were entitled to, whilst at the same time ensuring better protection for families, people with reduced mobility and all those who need it most”, commented Virginijus Sinkevičius, Vice-Chair of the Committee on Transport and Tourism. A view shared by the rapporteur, Andrey Novakov: “Today’s vote represents a victory, both for travellers and for the European aviation sector. After more than 13 years of deadlock, we are finally replacing uncertainty with clear rules, stronger rights and greater certainty. When people board a plane, their rights will not be left behind.”

Rights protected

As well as securing new protections, MEPs have managed to safeguard fundamental rights that were already in place. Such as passengers’ right to a refund or re-routing (that is, the option to obtain an alternative flight or a new booking at no extra cost) in the event of a cancelled flight. Not only that: they will also still be able to claim compensation in the event of a delay of more than three hours, cancellation with less than 14 days’ notice, or denied boarding.

The calculation of compensation has not been altered and will continue to depend the distance of the flight: therefore, €250 for journeys of up to 1,500 kilometres; €400 for flights within the EU and those over 1,500 kilometres, as well as for those between 1,500 and 3,500 kilometres; €600 for longer journeys.

Airlines will be able to reduce compensation by 50 per cent for longer journeys if they guarantee passengers re-routing to their final destination, if there has been an interruption to the journey, or if the delay on arrival does not exceed four hours. However, they will not be obliged to pay compensation if the delay or cancellation is due to reasons or events beyond their control. The new rules address precisely this point, in an attempt to better define the scope: they provide a (non-exhaustive) list of potential exceptional circumstances, including natural disasters, wars, weather conditions, unruly passengers and strikes by airport staff, air navigation service providers or ground staff.

In any case, airlines will still be required to assist passengers left stranded, providing refreshments every two hours of waiting, refreshments every two hours of waiting, and, in the event of prolonged delays, accommodation for the night (for a maximum of three nights if the cancellation is due to reasons beyond the airline’s control).

Smarter refunds and compensation

One of the issues on which MEPs spoke was streamlining reimbursement procedures. Travellers who opt for a refund rather than re-routing will receive it automatically. Those who, on the other hand, face journey disruptions will receive clear instructions on how to claim compensation within four days of the end of their journey. No account or specific app is required to access this procedure.

Claims for compensation must be submitted within nine months. Once submitted, the airlines will have 30 days to pay the amount due or to justify the claim on the grounds of exceptional circumstances, thereby explaining why no payment will be made. And, in essence, this redirects passengers to the body responsible for handling complaints.

New measures

Passengers travelling by air will be able to use the return leg of a return ticket even if they were unable to take the outbound leg, without having to pay any additional charges.

But that’s not all: the new rules also enshrine the right to take on board, at no extra cost, a small bag or rucksack. In this regard, MEPs have pushed to enshrine in law the obligation – for airlines, travel agents and search engines – to always show customers the fare inclusive of hand luggage right from the very first stage of the booking process. However, it will not be illegal for airlines to offer cheaper fares to travellers without hand luggage.

There are also significant changes regarding documentation: passengers will no longer be charged for the correction of spelling mistakes in their name or for the use of the printed version of their boarding pass if they have already checked in. What’s more, passengers will also be guaranteed the right to receive their boarding pass in digital format at the time of check-in, without having to make any further requests and without the need for a dedicated account or app. Furthermore, passengers who have used the paper version, even though they have the digital version, cannot be denied boarding.

Vulnerable passengers

Last but not least, the safeguards for vulnerable passengers. People with disabilities and reduced mobility will be entitled to compensation, rebooking and assistance from staff of their chosen airline if they are unable to board a flight due to a failure on the part of the airport, namely its inability to help them reach the gate in time.

For families with children, on the other hand, no more separate seats: airlines must offer anyone travelling with a child under 14 the option of choosing an adjacent seat at no extra cost. The same applies to passengers with disabilities, those with reduced mobility and pregnant women.

The next steps

Once approved by Parliament, as required by the third reading procedure, the provisional agreement reached in the Conciliation Committee must be confirmed by the European Council by early August in order to come into force. The updated rules will therefore enter into force 20 days after publication in the Official Journal of the EU. From that point onwards, Member States and companies will have one year to prepare for full implementation.

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