The European Council, which represents the EU’s 27 member states, previously disagreed with the Parliament over proposed changes to the EU261 rules, which stipulate how passengers are compensated when affected by airline delays and cancellations, and which have remained unchanged since being adopted in 2004.
On Monday evening, however, the two bodies confirmed a "landmark" accord to retain certain passenger rights while also introducing a series of changes.
Under the proposed deal, travellers will maintain the right to claim compensation if a flight is delayed by more than three hours. They will also retain the right to be reimbursed or re-routed if a flight is cancelled less than 14 days before the scheduled departure.
Compensation levels remain largely similar to those currently applicable, ranging from €250 to €600 based on flight distance. The Council had previously argued that compensation should be limited to €500 and apply only after a four to six hour delay.
Air carriers, however, will have the possibility to reduce compensation by 50 per cent for their longest journeys if travellers are offered re-routing to their final destination following travel disruption, or if the delay at arrival does not last more than four hours.
Additionally, airlines will be able to avoid paying compensation if the delay or cancellation is caused by events beyond their control. The new rules will have an “open list of these extraordinary circumstances”, which include natural disasters, war, weather conditions, unruly passengers or airport, air navigation or ground handling labour strikes, according to the agreement.
In all cases, airlines will have “a duty to take care of stranded passengers” by providing refreshments every two hours of waiting time, a meal after three hours, and, in the case of extended delays, an overnight stay of a maximum of three nights.
Airlines will also be required to provide clear instructions to travellers affected by disruption on how to submit a compensation request within four days of the termination of their journey. Travellers will have nine months to file a compensation request, while airlines will have 30 days to pay the compensation or invoke extraordinary circumstances and explain why compensation will not be provided.
New rights introduced
Newly introduced rules include the right to carry a personal item on board, such as a small bag or backpack, without an additional fee.
To create price transparency, air fares including allowance for a piece of hand baggage will be displayed by default before the start of any booking process to facilitate fare comparisons between airlines. However, EU negotiators agreed that airlines may offer cheaper tickets for passengers who choose voluntarily to travel without hand luggage.
Air passengers will no longer be charged additional fees for correcting name spelling errors or for getting a printed version of a boarding pass if they have already checked in.
Travellers will also have the right to obtain boarding passes digitally upon check-in, without any further request or obligation to have a user account or a specific mobile application. Additionally, airlines will not be able to deny boarding on the grounds that travellers used their own printed version of a digitally issued boarding pass, the agreement says.
The new regulation also includes reinforced rights for travellers with specific needs, such as those with disabilities or reduced mobility, children, unaccompanied minors and pregnant passengers. For example, families and persons accompanying passengers with reduced mobility will be able to sit together at no extra cost.
Travellers with disabilities or reduced mobility will also receive compensation, rerouting and assistance if they miss flights due to inadequate airport support.
“We have protected the rights people already have, added new safeguards, and brought greater clarity when things go wrong,” said Virginijus Sinkevičius, vice chair of the EU Parliament’s Transport and Tourism Committee. “After more than a decade of deadlock, Europe is finally updating air passenger rights while keeping passengers firmly at the centre.”
Aviation groups, however, have criticised the move.
Echoing previous concerns, the International Air Transport Association in a statement on Monday said the EU261 revisions “stopped short of the meaningful reform needed to address the regulation’s deep flaws”.
IATA director general Willie Walsh added: “The result will not reduce delays, but considering the whole package of changes, it will create operational challenges and add costs which will ultimately be borne by passengers… Those responsible for this political trade-off must be held accountable with transparent data to monitor its costs and impacts”.
The European Regions Airline Association (ERA) also lambasted the proposed reform, which it said “adds new burdens on regional carriers and introduces creative, last-minute options lacking any real-world operational analysis”.
The provisional agreement must now be formally adopted by both the European Parliament and Council following its legal-linguistic revision. The final vote is expected to take place within the next six weeks.
