European air travelers currently benefit from some of the strongest consumer protections worldwide, thanks to the EU261 regulation, which has been in effect since 2005. This rule mandates compensation and assistance for passengers when their travel plans are disrupted. However, the European Union is now reevaluating these measures, which could result in increased out-of-pocket expenses for travelers.
The proposed changes, spurred by ongoing debates since 2013 and renewed pressures from airline companies and lobbying groups this week, might alter the required delay time before compensation kicks in. Presently, passengers are eligible for compensation when they arrive at their destination three hours later than scheduled. Under the new proposal, spearheaded by Poland during its presidency of the Council of the European Union, this threshold could be extended to at least five hours.
Regulation (EC) No 261/2004, commonly referred to as EU261, is a European Union regulation that establishes the rights of air passengers in cases of flight delays, cancellations, and denied boarding. It ensures passengers are entitled to compensation, assistance, and reimbursement when their travel plans go wrong.
EU261 applies to any flight departing from an EU airport, regardless of the airline’s nationality, and flights arriving at EU airports if they’re operated by an EU airline. It does not cover flights heading to Europe on non-EU airlines, or non-European flights that have a layover in Europe.
The regulation covers all member states plus Iceland, Norway and Switzerland. The UK has adopted the same criteria for compensation, with the law referred to as UK261.
Currently, passengers are entitled to compensation if they are delayed for more than three hours, if the flight is cancelled within 14 days of departure, and if they were denied boarding because the flight was overbooked.
Compensation is not payable for ‘extraordinary circumstances,’ which include extreme weather, air traffic control restrictions, strikes not involving the airline’s staff, and political instability.
The current discussions revolve around changes first proposed in 2013, which suggest implementing a structured compensation scheme based on the length of flight delays. The proposal includes extending the existing three-hour compensation threshold to five hours for short-haul flights, nine hours for medium-haul flights, and up to 12 hours for the longest flights.
Airlines4Europe, an association representing 70% of European air traffic, contends that extending the flight delay compensation threshold to five hours could lead more passengers to reach their destinations. They argue that this adjustment would provide a strong incentive for airlines to resolve delays before they extend beyond the new threshold, thereby reducing the likelihood of flight cancellations.
The discussion in Brussels continues as stakeholders debate the balance between industry needs and consumer rights, with significant implications for the future of air travel in Europe.
