EU unveils new air passenger rights

Written By Unknown on Rabu, 13 Maret 2013 | 19.21

13 March 2013 Last updated at 07:50 ET

New rights for airline passengers have been unveiled by the European Commission.

They include rerouting travellers with rival carriers if a flight is delayed for more than 12 hours.

The rules also clarify what are considered exceptional circumstances for compensation.

For example, mechanical failures on board the aircraft do not count, but natural disasters and traffic control strikes do.

The Commission says the new rules, which are not likely to become law until 2014, will give a lot more certainty to airlines and passengers.

"It is very important that passenger rights do not just exist on paper," said EU transport commissioner Siim Kallas.

"We all need to be able to rely on them when it matters most - when things go wrong."

He added: "We know that the real priority for stranded passengers is just to get home. So our focus is on information, care and effective rerouting."

During the Icelandic ash cloud crisis in 2010, when no flights could take off in Europe for several days, there was much confusion about how much responsibility the airlines should carry for the welfare of its passengers.

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"Start Quote

This is a tidying up exercise, clearing up grey areas"

End Quote Helen Kearns European Commission

Some airlines were initially very reluctant to cover passengers' costs, but threats from the European authorities brought them into line.

Ryanair recently lost a case in the European Court of Justice against a passenger who had a seven-day wait for a Faro-Dublin flight. She had spent nearly 1,130 euros (£968) on a hotel, food and transport. The court ruled that Ryanair should have fully compensated her.

There have also been some concessions to industry. Under the planned measures, airlines will have to pay for a maximum of three nights' hotel accommodation - although this does not apply to passengers with reduced mobility, unaccompanied children or pregnant women.

'Frustrated' passengers

"Critics from both consumer groups and industry have been vociferous in their concerns about the interpretations of the rules," says aviation expert Steven Truxal from City University.

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How airline deal with complaints

  • 75% of the surveyed passengers facing problems for delays or cancellations were offered re-routing, allowing them to pursue their travel plans
  • However, in the same surveys, other care such as meals, refreshment and accommodation was offered in less than 50% of cases
  • Only a fraction of the surveyed passengers that were entitled to financial compensation received it (2 to 4% in the Danish survey)
  • The German survey showed that where passengers complained, more than 20% of them did not receive a response from the air carrier

Source: Surveys carried out by consumer organisations in Denmark, Germany and the UK

"At times, they are seen as divergent, lacking certainty and therefore contributing to the confusion around air passenger rights and air carrier liability."

The Commission also wants complaints to be dealt with more promptly. "The main problem for passengers is that, while they have very strong passenger rights defined under EU law, they can have difficulty claiming them and feel frustrated when air carriers do not appear to apply them," it said in a statement explaining the rules.

In an interview with BBC World, Helen Kearns from the European Commission added that it had heard many complaints about "too much wiggle room for airlines" when it came to passengers claiming their rights.

"This is a tidying up exercise, clearing up grey areas," she added

It wants to make it a requirement for airlines to acknowledge receipt of a complaint within a week and provide a formal reply within two months.

However, in a Brussels news conference, Mr Kallas stressed that financial compensation was the second best option. "The best option is to get travellers to their desired destination," he said. For this reason, airlines have been given more time to solve any problems, so as to encourage them to not to cancel the flight.

Tarmac delays

A survey carried out in Denmark showed that just 2-4% of passengers entitled to financial compensation received it.

And if a plane is boarded and sits on the tarmac for more than five hours, passengers now have the right to demand to be let off. If the tarmac delay is more than an hour, the airline must provide air conditioning, use of toilets and water.

Carriers may no longer charge for correcting misspelt names on tickets. Musicians must be allowed to bring smaller instruments into the cabin, while there must be clear terms and conditions for transporting larger instruments in the cargo hold.

Other changes include:

  • Financial compensation to be triggered after a minimum five-hour delay (currently stands at three) on any flight within the EU or international flight shorter than 3,500kms
  • For longer international flights, compensation will be due after a delay of nine hours up to 6,000km and after 12 hours for longer journeys
  • Airlines will also be required to inform passengers about delays and provide an explanation no later than 30 minutes after the scheduled departure time

The proposals are subject to approval by member states and the European Parliament. They only approve to European airlines.


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