Eu Contemplates Modifying Air Travelers' Protections in Revision Process
In the realm of air travel, a significant shift is on the horizon as the European Union (EU) considers revising its flagship regulation, EU261, which governs passenger rights and compensation. The proposed changes, if enacted, could potentially alter the landscape of air travel for millions of passengers across Europe.
At the heart of the proposed changes are adjustments to compensation and assistance rules related to flight delays and cancellations. Key proposals include:
1. **Increased Delay Threshold for Compensation**: The current rule entitles passengers to compensation if their flight is delayed by more than 3 hours. The proposal suggests increasing this threshold to 4 or even 5 hours, meaning fewer passengers would qualify for financial compensation.
2. **Reduction in Maximum Compensation Amounts**: Alongside raising the delay threshold, there is a proposal to reduce the maximum compensation amounts payable to passengers, potentially diminishing the financial redress available.
3. **Narrowing the Definition of "Extraordinary Circumstances"**: The changes seek to provide clearer and potentially stricter definitions of what counts as extraordinary circumstances, under which airlines are exempt from paying compensation.
4. **Limiting Duty of Care**: The proposals include capping airline obligations for care (like accommodation and meals) to three nights' accommodation only, which could limit support for passengers during extended disruptions.
However, these changes have sparked criticism from consumer advocates and some EU member states, who argue that they represent a step backward for passenger rights, reducing protections just as affordable air travel grows more important for the public.
Currently, if a flight is cancelled more than 14 days in advance of travel, passengers have the right to choose between getting their money back, getting the next available flight, or changing the booking completely for a later date. If a flight is cancelled less than 14 days in advance, passengers are entitled to compensation, ranging from €200 to €600 depending on the length of the flight.
It is important to note that although the European Council has adopted a position supporting these changes, they still require the approval of the European Parliament before becoming law. The Parliament has expressed concern and plans further discussions, making the final outcome uncertain.
In the meantime, airlines routinely provide refreshments, usually in the form of food vouchers, to passengers whose flights are delayed. However, if the proposed changes are adopted, the impact will be most significant on budget-conscious travelers who cannot afford private insurance.
The rules of EU261 apply to airlines registered in the EU, including Ireland-based Ryanair, and flights taking off from an EU or Schengen zone country. The UK, post-Brexit, is no longer subject to EU261 rules, but the British government has mostly "copied and pasted" it into UK legislation.
Despite the ongoing debate, it is crucial for passengers to remain informed about their rights and to advocate for fair and transparent policies that prioritise their needs.
- The proposals for revising EU261 could potentially lead to a reduction in the financial compensation for passengers experiencing flight delays and cancellations, especially if the delay threshold is increased to 4 or 5 hours and maximum compensation amounts are decreased.
- Affordable travelers, who may not have personal insurance, could be significantly affected by the proposed changes to EU261, as limited duty of care could result in reduced support during flight disruptions and fewer passengers qualifying for compensation.
- The European Parliament's expressed concern and planned discussions over the revised EU261 regulations suggest that the final outcome on the legislation regarding passenger rights and compensation may still be uncertain, emphasizing the importance for passengers to stay informed.
