Strasbourg: Andreas H. Panagopoulos
After thirteen years of hard-fought negotiations, it is moving forward with the biggest overhaul of air passenger rights since 2004. The interim policy strengthens the protections of travelers, imposes greater transparency on air bookings and clarifies their obligations in cases of delays, cancellations and denied boarding.
What is changing in terms of passenger protection?
For more than twenty years, Regulation 261/2004 has been the main shield of protection for millions of European travelers. However, changes in the airline market, the rapid growth of digital services and the need to deal with new airline practices have highlighted the gaps in the existing framework.
The new agreement aims to provide greater legal certainty, faster compensation processes and more efficient passenger service, without disrupting the operation of the airline industry.
The European Parliament’s delegation to the Conciliation Committee unanimously approved the outcome of the negotiations, paving the way for the final ratification of the legislation.
What is the hourly limit for compensation?
One of the most important points of the agreement concerns the preservation of the right to compensation in case of a delay of more than three hours.
Despite pressure from airline industry representatives to increase the time limit, the European Parliament insisted on maintaining the existing regime.
Passengers are still entitled to monetary compensation when:
- their flight arrives at its final destination more than three hours late,
- the flight is canceled less than 14 days before departure,
- they are denied boarding by the airline without good reason.
The compensation amounts remain unchanged:
- 250 euros for flights up to 1,500 kilometers,
- 400 euros for intra-EU flights and for flights between 1,500 and 3,500 kilometers,
- 600 euros for all other long-haul flights.
For flights over 3,500 kilometers, there is a possibility of a 50% reduction in compensation if the airline ensures immediate rerouting and the arrival delay does not exceed four hours.
What is provided for emergency situations?
The new legislation attempts to limit the different interpretations of so-called “extraordinary circumstances”.
An indicative list of events exempting airlines from the obligation to pay compensation is established, such as natural disasters or strikes by air traffic controllers.
However, even in these cases, companies still have a duty of care to passengers, providing meals, refreshments, communication and, where required, up to three nights’ accommodation.
What are passengers entitled to during delays?
The new rules define more clearly the obligations of airlines when serious disruptions to routes occur.
Passengers will be entitled to:
- refreshments every two hours of waiting,
- meal after completion of three hours delay and then every five hours,
- internet access and two free phone calls,
- free hotel accommodation and transfer to and from the airport when an overnight stay is required.
If the airline does not meet its obligations, passengers will be able to cover the necessary costs themselves and then request a refund.
What is changing in the compensation procedures?
The goal of the new legislation is also to reduce the bureaucracy that often discouraged passengers from asserting their rights.
Airlines will be required to inform passengers electronically of their rights and compensation procedures within days of the completion of travel.
At the same time:
- the passenger will have nine months to submit a claim,
- the companies will have to consider the requests and pay the related compensations within a predetermined period of time,
- clear justification will be required if a request is rejected.
What about hidden charges?
Of particular importance are the provisions concerning transparency in bookings.
Airlines, online platforms and travel intermediaries will be required to display the total cost of the ticket from the outset, including hand baggage allowances.
This change is expected to make it much easier to compare prices between different companies and reduce surprise charges during the booking process.
At the same time, passengers will be entitled to carry one personal item, such as a bag or backpack, free of charge.
Additional charges for correcting small spelling errors in passenger details and for printing the boarding pass are also waived, provided the check-in process has been completed.
What is provided for children and companions?
The predictions concerning families are important.
Airlines are obliged to ensure that children up to the age of 14 sit next to their companions without additional financial charge.
The same right is extended to pregnant women, as well as to persons with disabilities or reduced mobility traveling with an escort.
This regulation puts an end to practices that led many families to pay extra to secure shared seats on a flight.
How are people with disabilities protected?
The new European legislation gives special importance to the protection of passengers with disabilities or reduced mobility.
Among other things, it provides:
- free transportation of mobility equipment,
- free transport of assistance dogs,
- full compensation in case of loss or damage of mobility equipment,
- priority in assistance and rerouting,
- compensation when the loss of the flight is due to a malfunction of the airport support services.
How is the abusive practice of ‘No-Show’ curbed?
Another important change concerns the treatment of the “No-Show” practice.
Until now, some airlines automatically canceled subsequent legs of a ticket when the passenger did not use a previous flight of the same reservation.
The new agreement drastically limits this option, banning it completely for passengers with reduced mobility, pregnant women and unaccompanied minors.
When is the right to direct rerouting activated?
In the event of cancellation or denied boarding, airlines must offer an alternative transportation solution within three hours.
If they fail to do so, passengers will have the right to arrange their own travel through another company or another means of transport and claim compensation of up to 400% of the original ticket value.
Is it mandatory to use apps to inform passengers?
The new rules are also adapted to the modern digital reality.
Passengers will not be required to create user accounts or download airline-specific apps in order to access their travel information or boarding pass.
Companies should have at least one free and effective way to communicate with their customers.
What is the next step in implementing the new rules?
The temporary agreement will be submitted to legal-linguistic processing in the near future.
To become official European Union law, it will need to be approved through separate votes by the European Parliament and the Council of the EU within the next few weeks.
The crucial vote in the Plenary of the European Parliament is expected to be the last step before the final adoption of the new rules.
Once the process is completed, millions of European citizens will have a more modern and clear protection framework, adapted to the needs of air travel in the 21st century.
The revision of passenger rights constitutes one of the most important interventions of the European Union in the transport sector in recent years, attempting to restore the balance between the commercial operation of airlines and the essential protection of the traveller.
