Make sure we monitor air passengers' rights

The representative of Air Passenger Watchdog in EU (Friendly Flying), an associate member of European Passenger Federation (EPF), has had an article published in the journal Regional International. The effectiveness of EU Regulation 261/2004 has been studied. The conclusion reads the regulation is not doing its job properly; and that passengers are still inconvenienced by cancellations, long delays and denial of boarding through overbooking. National Enforcement Bodies, which are responsible for implementing the regulation, often do not receive relevant data from the airlines.

From Friendly Flying's own traveler feedback, most claims arise from one of four problems:
1) The right to use the first option to re-route under comparable conditions.
2) The airlines' duty of care while passengers wait for re-routing and rights to compensation, especially if airlines use their own interpretation of the "extraordinary circumstances" clause.
3) Differing rights in the case of a delay or cancellation.
4) The lack of time limits for lodging complaints.

Some but not all of these issues are being dealt with in the current revision of EC 261/2004. Friendly Flying is constantly monitoring the situation of air passengers in EU. Every passenger can report her/his case here and get support from experts of Air Passenger Watchdog in EU.

The European Parliament pushes for enforceable air passenger rights

Delayed or stranded air passengers would be likelier to win compensation, and airlines would get clear rules on how to deal with passenger complaints, under a draft law voted by Parliament at the first reading on 5th February 2014. The consumer protection is to be improved.

Rescheduled flights

When flights are delayed, information on rescheduled flights would have to be made available to passengers no later than 30 minutes after the initial departure time.

Passengers with a return ticket could not be prevented from boarding the return journey even if they did not take the outward one.

Luggage

Passengers would have to be informed early in the booking process about baggage allowances. Hand-luggage allowances would be increased to include a coat, a handbag, and one bag of airport shopping.

Complaints

Air carriers which fail to reply to a complaint within 2 months would be deemed to have accepted the passenger’s claims. Those citing “extraordinary circumstances” in which they need not pay compensation would have to give the passenger a full written explanation. The draft rules include an exhaustive list of such circumstances, which include bird strikes, political unrest and unforeseen labour disputes.

However, in long-lasting extraordinary circumstances, such as the 2010 ash cloud crisis, air carriers’ liability to pay for passenger accommodation would be limited to 5 nights.

Bankruptcies

To ensure that passengers are not stranded when an air carrier goes bankrupt, Parliament inserted requirements for carriers to have in place appropriate guarantee mechanisms, such as guarantee funds, or to take out insurance policies.

Better enforcement

National authorities should be given sufficient powers to punish air carriers that infringe passenger rights and should assess their reports on how they help passengers to cope with flight delays and cancellations, say MEPs.

Next steps

This vote constitutes the European Parliament’s first reading position. Under the co-decision procedure, the Council of Ministers may accept the Parliament’s  position or  adopt its own position, for further discussion with Parliament.

Source: EuroParl press release

The passengers back at the centre of EU legislation

With overwhelming majority of votes (37 of 40) Members of the Committee on Transport and Tourism in the European Parliament adopted amendments strengthening air passengers rights. The changes effectively limit the room for the airlines, while they can refuse passengers to provide with information, assistance and payment of compensation. In addition the national enforcement bodies will have better tools to punish those of airlines that do not fulfill their obligations. Amendments adopted today are consistent with our online petition during campaign "NO to limit air passengers rights!" Among other things, passengers will keep the right to compensation after a three hours of flight delay and shall be allowed to leave the aircraft after three hours latest at tarmac delay. For more information please refer to the press release, here. Voting on the changes at the European Parliament's plenary session is scheduled for February 4, 2014.

566 amendments to proposed EC changes of air passenger rights

The European Parliament (EP) is working on the proposals of the European Commission (EC), which are about to change the existing rights of air passengers. We have reviewed the list of amendments proposed by MEPs, members of the Committee on Transport and Tourism. The observations confirm previously expressed opinions on proposals to the EC, for example during the debate in the EP on 16 September. The overwhelming majority of amendments are going towards greater protection of the air passenger rights. MEPs have made 566 amendments, which is not surprising, since several proposals the EC essentially limit existing rights of passengers. The full list of amendments can be found at two documents here: 1 and 2. The debate on the amendments is scheduled for November 4th and voting in the committee is planned on November 14th.

MEP amendments to the EC proposal generally in favour of passenger rights

We constantly monitor proposals, which refer to air passenger rights in Europe. Therefore, we have reviewed the latest draft opinion of the Committee on the Internal Market and Consumer Protection for the Committee on Transport and Tourism of the European Parliament. The amendments are made to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air. We welcome those from the amendments made, which secure the passenger rights, enhance better service and balance the real power between key market stakeholders. The draft opinion is available, here.

MEP wishes to limit the waiting time in the event of a tarmac delay to two hours

Mr Hans-Peter Mayer, the Member of the European Parliament and the rapporteur of Committee on the Internal Market and Consumer Protection has prepared a draft opinion on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004. In the opinion, dated 17 September 2013, the rapporteur proposes to limit the waiting time in the event of a tarmac delay to two hours. For journeys of up to 3 500 km and flights within the EU, in case of delay of at least three hours, the passenger should be entitled to a maximum compensation payment of €250 per flight. The second category is concerned with flights of 3 500 km or longer and for these, claims of up to €600 should be possible for delay of at least five hours. In the event of no-fault delays and cancellations, airlines should be required to bear the cost of a maximum of three nights at a hotel, with a ceiling of €150 per night. According to the rapporteur, the amount proposed by the Commission seems too small in the case of some destinations, particularly with regard to the need to spend the night near the airport because of a possible further flight. The link to a draft opinion is here.

Sign a petition and say "NO" to restrict the passenger rights in Europe!

We are petitioning Members of the European Parliament, now. The acceptance of three from proposed changes of the regulation (EC) No 261/2004 are to the detriment of passengers in Europe.

We say NO to wait on board of the plane for 5 hours in case of tarmac delay!

We say NO to suspend passenger right to claim compensation at delays from 3 hours!

We say NO to weaken the passenger right to assistance in extraordinary circumstances!


It's important. Will you sign it too? It takes 30 seconds, only. Here's the link.

Say "NO" to suspend passenger right to claim compensation at delays over 3 hours!

Following a judgment by the European Court of Justice, air passenger may claim compensation at delays from 3 hours (except in extraordinary circumstances). However, the European Commission proposes (amending Article 6 of Regulation (EC) No 261/2004) to abolish 3 hour's delay rule and establish different delay periods of 5 hours, 9 hours and 12 hours (dictated by the length of the flight) before the right to compensation is triggered. We have started the petition and need your help to get it off the ground. It will you take 30 seconds to sign it right now. Please join this campaign here.

Call for proper review of passengers' claims

The European Commission published a list of so called extraordinary circumstances. The aim of that list is to end confusion over when airlines can claim events are beyond their control, which means they do not have to pay compensation, and when they must compensate passengers for the delay or cancellation. Events that are not extraordinary include technical issues found during scheduled maintenance or failure to maintain aircraft properly, air crew running over their hours as a result of poor planning, and absence of flight documentation. The full list of extraordinary circumstances is here.

"NO" to extention of flight delay limit over 3 hours!

According to data provided by the European Organisation for the Safety of Air Navigation (Eurocontrol), the percentage of cases in which an air passenger is entitled to the compensation due to delayed flight, is lower than 0.15%. What is more, airlines do not have to pay compensation, if they can prove that a flight was delayed or canceled due to extraordinary circumstances, that were not dependent on a carrier.

Available data (since the introduction of Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights) do not show that the three hour time limit provoked any increase of the canceled flights. Hence, we do not see any reason to extend the limit to five or more hours as it proposed by the European Commission (Article 6(2) and Article 6a of proposal dated 13 March 2013 for a Regulation of The European Parliament and of The Council amending Regulation (EC) No 261/2004). We are convinced that the only one way of shortening delays, which are one of the biggest passenger inconveniences during journey, is by economic encouragement - the threat of higher costs will encourage carriers to minimize delays.

The existing air passenger rights must not be cut back!