EU News - New rights for passengers
Air passengers in the EU will have strengthened rights to claim for compensation if they are affected by over-booking, flight cancellations or long delays.
Air passengers in the EU will have strengthened rights to claim for compensation if they are affected by over-booking, flight cancellations or long delays.
The new Regulation on air passengers rights, which will be applicable from 17 February, will replace the existing Regulation 295/91/EEC and vastly extend air passenger rights. The current Regulation only applies to denied boarding and does not cover delays and cancellations.
Whereas the current regulation only applies to scheduled flights the new Regulation will cover both scheduled and non-scheduled flights, therefore including air transport sold as part of a package holiday. Moreover, the new Regulation will apply not only to passengers departing from an airport located in a Member State but also, if the airline operating the flight is a Community carrier, to passengers flying from a third country to a Member State, unless they receive similar treatment in the third country.
Denied boarding (Overbooking)
When there are too many passengers for the seats available, an airline must first ask volunteers to give up their seats in return for agreed benefits. These benefits must include the choice of either refund of the ticket (with a free flight back to the passenger's initial point of departure, when relevant) or alternative transport to the final destination.
If insufficient volunteers come forward the airline will have to pay each passenger compensation of:
- EUR 250 for flights of less than 1500km
- EUR 400 for longer flights within the EU, and for other flights of between 1500 and 3500km
- EUR 600 for flights of over 3500km outside the EU.
Compensation may be halved if the passenger is not delayed more than 2, 3 or 4 hours respectively.
In addition, the airline must offer:
- a choice of either a refund of the ticket (with a free flight back to the passenger's initial point of departure, when relevant) or alternative transport to the final destination, and
- meals and refreshments, hotel accommodation when necessary (including transfers) and communication facilities.
Cancellations
Whenever a flight is cancelled, the operating airline must offer:
- a choice of either a refund of the ticket (with a free flight back to the passenger's initial point of departure, when relevant) or alternative transport to the final destination, and
- meals and refreshments, hotel accommodation when necessary (including transfers) and communication facilities.
The airline will also have to compensate passengers, at the rate fixed for denied boarding (see above), unless:
- they are informed two weeks before the scheduled time of departure, or
- they are informed on due time and re-routed at a time very close to that of the original flight.
Long delays
Immediate assistance If the airline operating the flight expects a delay:
- of 2 hours or more, for flights of less than 1500 km
- of 3 hours or more, for longer flights within the EU, and for other flights of between 1500 and 3500 km
- of 4 hours or more for flights over 3500 km outside the EU.
The airline must offer:
- meals and refreshments
- hotel accommodation, when a delay obliges a passenger to stay overnight, and
- reimbursement, when a delay delays a passenger for at least five hours.
Later claims
When an EU airline is responsible for the delay of a flight anywhere in the world, a passenger may claim up to 4150 SDR for any resulting damages. The claim can be raised against the airline that concluded the contract with the passenger or against the airline actually operating the flight, if they are different.
