EU Contemplates Amending Air Traveler Protections in Revision Proposal
The UK government's adoption of EU261, the European Union's regulation on air passenger rights, following Brexit has left the rules inapplicable to the UK. However, the European Union is currently proposing changes to EU261 that aim to revise compensation rules, delay thresholds, and airline responsibilities. While these changes are intended to be a significant advancement for consumers, they have been met with criticism for potentially weakening passenger rights and reducing compensation for flight delays and cancellations.
One of the key proposed changes is a reduction in compensation amounts. For long-haul flights, compensation could decrease from €600 to €500 for delays or cancellations. All flights under 3,500 kilometers would receive a flat compensation of €300, eliminating the tiered system that previously offered higher amounts for longer flights within this range.
The delay thresholds for claiming compensation are also subject to change. Currently, passengers can claim compensation after a delay of three hours. However, the proposed changes could increase this threshold to four hours for flights under 3,500 kilometers and six hours for long-haul flights. Alternatively, another proposal suggests raising the threshold to five hours for all flights, significantly reducing eligible claims.
Critics argue that these changes could result in up to 60% of travelers losing their passenger rights, disadvantaging many passengers. The changes would reduce eligibility for many passengers currently entitled to compensation due to the increased delay thresholds. The reduced compensation amounts could also leave passengers with less financial recourse in the event of flight disruptions.
The European Parliament must approve these changes before they become law, and there is significant opposition from consumer groups and some EU member states. The proposed changes, if adopted, would mean that passengers would no longer be eligible for compensation after a three-hour delay on short-haul flights, five hours on medium-haul routes, and twelve hours on long-haul journeys.
The rules regarding EU261 are criticized for being poorly drafted, with no clear definition of "extraordinary circumstances" that exempt airlines from compensation. Strikes are generally not considered to be extraordinary circumstances, nor are routine mechanical problems or staff shortages.
If a flight is cancelled less than 14 days before departure, passengers are entitled to compensation - ranging from €200 to €600 depending on the length of the flight. Compensation for delays or cancellations is not paid if the problem is due to "extraordinary circumstances," which can include extreme weather, political instability, security risks, or problems with air traffic control.
EU261 consists of two main parts: duty of care and compensation. The duty of care requires airlines to offer alternatives for cancelled flights in advance and provide food, accommodation for passengers in case of long delays. Airlines routinely provide refreshments, usually in the form of food vouchers, to passengers whose flights are delayed.
It is feared that the current rules may be watered down in the EU's review of EU261, which has yet to reveal exact details. If the changes are adopted, it would have the greatest impact on travellers on tight budgets who cannot afford private insurance.
Airlines are in favor of a change to the rules, arguing that EU261 is too restrictive. However, travel journalist Simon Calder argues that enforcement of the duty-of-care part of EU261 is haphazard, leaving passengers to make their own arrangements for accommodation and alternative travel. Anton Radchenko, CEO of AirAdvisor, has interpreted the proposed changes as not aiming to strengthen EU261, but to weaken it.
The EU legislation known as EU261 was introduced in 2005. If a flight is cancelled more than 14 days in advance of departure, passengers have the right to choose between getting their money back, getting the next available flight, or changing the booking completely for a later date. In reality, many airlines offer vouchers instead of refunds, and the process of opting for actual money can be complicated.
In conclusion, the proposed changes to EU261 aim to revise compensation rules, delay thresholds, and airline responsibilities. While these changes are intended to be a major advancement for consumers, they have been criticized for potentially weakening passenger rights and reducing compensation for flight delays and cancellations. The European Parliament must approve these changes before they become law, and there is significant opposition from consumer groups and some EU member states.
- The revised EU261 proposals suggest a decrease in compensation amounts for long-haul flights from €600 to €500, and a flat compensation of €300 for all flights under 3,500 kilometers, eliminating the tiered system.
- The proposed changes to EU261 also suggest increasing the delay thresholds for claiming compensation, with short-haul flights potentially having a four-hour delay threshold, medium-haul flights a six-hour threshold, and long-haul flights a twelve-hour threshold.
- Critics argue that these changes could result in up to 60% of travelers losing their passenger rights, particularly those on tight budgets who cannot afford private insurance.
- The European Parliament's approval is required for these changes to become law, and there is significant opposition from consumer groups and some EU member states, as these changes may weaken passenger rights and reduce compensation for flight delays and cancellations.
