European Parliament and Council reach political agreement on revision of air passenger rights in the EU

The European Parliament and the Council have reached a political agreement on the revision of air passenger rights in the EU. The revised rules strengthen air passenger rights in the EU by clarifying existing provisions and enhancing legal certainty for passengers, airlines, and enforcement authorities across the EU.

The political agreement includes the following key elements: clearer rules on compensation rights for delays and claim procedures, extraordinary circumstances, price transparency and hand luggage, scope and passenger information, improved rights for passengers with reduced mobility and disabilities, and a ban on no-show policies for return flights.

Scope and passenger information

The scope of the Regulation remains unchanged. The rules apply to passengers:

• flying within the EU, on flights operated by EU or non-EU airlines;

• arriving in the EU from a non-EU country on an EU airline; and

• departing from the EU to a non-EU country on an EU or non-EU airline.

According to the agreement, the Commission will assess within three years whether the scope of the regulation can be revised and potentially fully extended to third-country operators. To better inform passengers about which airlines are covered by EU passenger rights rules, a voluntary EU air passenger rights label will be introduced and displayed during the booking process.

Passengers must be informed of their rights more clearly and comprehensively in the event of a disruption. They must also be notified of the cause of the disruption as soon as this information becomes available.

In the event that an airline anticipates a flight delay, passengers must be informed immediately when possible, and no later than the scheduled departure time indicated on the ticket. Airlines must offer passengers at least one free and effective method of communicating with them.

Compensation rights, thresholds, and claim procedures

The current standard level of protection for air passengers is maintained: passengers can claim compensation following a cancellation or a delay of 3 hours, amounting to EUR 250 for flights under 1,500 km, EUR 400 for flights between 1,500 km and 3,500 km, and EUR 600 for flights over 3,500 km. This ensures continuity and predictability for both passengers and airlines. The main novelty is that, in the event of a disruption, airlines must inform passengers within 96 hours of their rights and the compensation claim process. Procedures have been simplified to ensure more efficient processing of passenger compensation claims.

Extraordinary circumstances

The regulation further clarifies the concept of extraordinary circumstances (events beyond the airline's control that are not inherent in the normal exercise of its activity), and the rules regarding their application have been improved, providing greater clarity and predictability for both passengers and airlines. The regulation contains a comprehensive list of such circumstances. If an airline invokes extraordinary circumstances to reject a compensation claim, it must provide passengers with a clear, substantiated, and easy-to-understand explanation. An airline can only invoke extraordinary circumstances if they affect the flight in question or a maximum of one of the three previous flights in the aircraft's rotation sequence, and if there is a direct causal link between the extraordinary circumstance and the disruption. The burden of proof remains on the airline, including proof that all reasonable measures were taken to avoid the disruption. In cases of extraordinary circumstances, airlines may not be obliged to pay financial compensation.

Price transparency and hand luggage

The regulation strengthens the transparency and comparability of airline prices, including fees for hand luggage. Passengers will be better prepared to compare offers from different airlines and booking platforms, allowing for more informed choices. At the same time, airlines retain the freedom to determine their own pricing structures.

Ban on no-show policies for return flights

The application of no-show policies for return flights is prohibited. This means that passengers who do not use the outbound journey cannot be denied boarding on the return flight. Airlines are not allowed to charge a fee to permit passengers to board the return flight.

Right to rerouting

Passengers who choose rerouting at the earliest opportunity following a flight cancellation or denial of boarding (unless the denial is based on justified grounds) must be offered an alternative route within three hours. This may include rerouting, where appropriate, to an alternative airport, via a different route, using the services of another airline, or through other modes of transport. Rerouting must be provided at the airline's expense and under comparable transport conditions (e.g., passengers should not be forced to take multiple connecting flights if they had booked a direct connection). Passengers may also be rerouted to a higher class at no extra cost. Airlines remain liable for compensation for arrival delays. If an airline fails to offer rerouting within three hours, passengers can arrange the rerouting themselves and claim a refund of up to 400 % of the original ticket price.

Improved rights for passengers with specific needs

The regulation also includes enhanced rights for passengers with specific needs, such as persons with disabilities or reduced mobility, children, unaccompanied minors, and pregnant women. Families, persons with reduced mobility, and their accompanying companions will, for instance, be able to sit together at no additional charge. The no-show policy will also be completely banned for passengers with reduced mobility, pregnant women, and unaccompanied minors. Furthermore, persons with reduced mobility will:

• have new rights to compensation if airports fail to provide sufficient assistance;

• have priority status in terms of assistance and rerouting;

• be able to travel with their mobility equipment and assistance dogs without paying additional insurance;

• receive a replacement for their mobility equipment at no cost in the event of loss or damage.

Background

In 2013, the Commission proposed a revision of the EU air passenger rights framework to clarify existing rules and improve their enforcement for both passengers and airlines. Subsequent case law from the Court of Justice of the European Union has further shaped the interpretation of passenger rights, highlighting the need for updated and consistent rules across the Union.

The rules still require formal approval from the European Parliament and the Council (following a legal-linguistic review) and would apply 12 months after entering into force.

Source and photo: European Parliament