European rules for air travel compensation could soon be updated, potentially impacting 85% of passengers who may no longer be eligible for compensation in the event of delays. The current regulations allow for compensation ranging from €250 to €600 for delays of three hours or more. However, proposed changes could extend the wait time for compensation to up to nine or twelve hours, depending on the distance traveled. This shift has raised concerns among consumer associations, who fear that a majority of passengers will no longer be entitled to compensation.
The directive applies to flights departing from EU airports, regardless of the airline’s nationality, as well as flights arriving at EU airports operated by EU airlines. It does not cover flights to Europe operated by non-EU airlines or non-EU flights with layovers in Europe. Compensation is not applicable in cases of “extraordinary circumstances,” such as extreme weather conditions, air traffic control restrictions, strikes not involving airline staff, and political instability. Consumer associations believe that the proposed timeframe of three months to claim compensation is insufficient, further limiting passengers’ rights.
Despite calls for an update to the regulations, airlines argue that the 2013 compromise proposal by the European Commission remains a suitable framework for discussions. The proposal aims to provide airlines with the flexibility needed to manage disruptions effectively, ultimately benefiting passengers by ensuring timely arrivals. A4E, which represents airlines accounting for 70% of European air traffic, supports the current legislation, citing its clarity and potential to reduce uncertainty for both passengers and airlines. However, consumer associations argue that the 10-year-old document no longer aligns with the needs of today’s passengers and fails to address the role of travel intermediaries.
In addition to delays and cancellations, consumer associations emphasize the necessity to review the role of travel intermediaries, such as platforms for comparing and booking flights. These intermediaries are not currently subject to the rules outlined in the existing 2004 text, highlighting a gap in consumer protection measures. The current discussions revolve around a proposal introduced by the European Commission in 2013, with civil society advocating for updates that reflect the evolving needs of passengers. With Poland holding the EU presidency and aiming to advance negotiations by June, the spotlight is on finding a balance between airline flexibility and passenger rights.
As negotiations continue at a technical level, the political obstacles surrounding the proposed updates to air travel regulations remain unresolved. Consumer associations remain skeptical of the potential changes that could leave a significant portion of passengers without compensation in case of delays. The need for a balanced approach that considers the interests of both airlines and passengers remains a key focus in the ongoing discussions. Despite differing viewpoints, finding common ground to ensure fair compensation and rights for air travelers remains a top priority for all stakeholders involved.
