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.

Call for a free flight back home for stranded passengers in the event of EU airline bankruptcy!

The International Air Transport Association (IATA) announced in Brussels on 25th November 2014 a new arrangement to help passengers impacted by airline bankruptcy. It looks the action was initiated by IATA member airlines flying to and from the EU to avoid the threat of levying a permanent statutory fund to aid passengers in such situations. "The passengers left stranded in the rare and unfortunate event of an airline bankruptcy will be offered ‘rescue fares’ from airlines to ensure they can get home“ says Tony Tyler, IATA’s Director General and CEO. Unfortunately, the solution does not seem so much new. So called ‘rescue fares’ have been already offered by airlines to passengers impacted by airline bankruptcy for years... 

Then, what is the core of the problem?

The European Commission has estimated the proportion of total EU passengers affected by airline insolvencies is less than 0.07% for each year. In 2013, some 842 million passengers were carried by air in the EU-28. It means around 50.000 air passengers might be affected by airline bankruptcy every year. The risk to remain stranded far from home, with all its consequences (to pay another flight back home, to incur additional accommodation costs) and/or never be reimbursed for the part(s) of the journey not made is estimated at 12% of those passengers. It makes around 6.000 air passengers stranded far from home yearly. However, the impacts on each such passenger might be significant. For example the immediate costs for stranded passengers reached even €796 on average with failure of Air Madrid in 2007 (the carrier left numbers of passengers stranded in South America). The passengers who had not left yet and renounced to their trip lost €315 in average and passengers who decided to rebook lost €390 in average. In fact, of the passengers purchasing standalone tickets affected by insolvency over 2000 to 2010, 76% did not have any form of protection. It is high time for change. EU air passengers need greater protection and immediate help. Especially that passengers are entitled to these rights under Regulation (EC) No 261/2004, and the assistance relates primarily to enable them back home as soon as possible.

Therefore we emphasis the key fact. The insolvency of air carrier and the sudden suspension of its operations affect the passengers switching to services of other carriers. The passengers' demand on the specific routes does not disappear, does it? The passengers still continue to travel. Although they use services of airlines, with the most convenient option for traveling (on the same a similar route).

We argue The European Commission takes finally legislative work to enforce EU airlines to provide with free transport back home to passengers with a return ticket issued by EU air carrier and that suddenly ceases operations due to insolvency or bankruptcy. This particularly difficult situation for passengers stranded at the airports needs to be resolved. In our call for action we refer both to interests of consumers, affected by the bankruptcy of the airline, and to social responsibility of business entities, which are part of the EU sustainable transportation system.

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.

MEPs for strengthening of air passengers' rights during debate of Transport Committee

Air passengers' rights must be tightened up to stop airlines abusing an "extraordinary circumstances" clause to avoid paying them compensation for delays or denied boarding, said MEPs during debate (16 September) of Transport Committee on a European Commission proposal to recast the rules. Rapporteur Georges Bach (EPP, LU) suggested that passengers should be entitled to €300 compensation after just 3 hours' delay on intra-European-flights. More information available in the press release here and video film 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 weaken the passenger right to assistance in extraordinary circumstances!

The proposal of the European Commission (amending Article 9 of Regulation (EC) No 261/2004) will reduce currently unlimited passenger right to assistance in extraordinary circumstances, e.g. heavy snowfall. Such change (limiting the provision of accommodation by any airline to 100 EUR per night and 3 nights) will result in more stranded passengers at the airports. 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.