European transport ministers propose that air passengers will now be entitled to compensation only for flight delays of four hours or more. European legislation currently provides for compensation of three hours or more of delay if the airline is at fault.
However, the proposal still requires approval from the European Parliament and the European Council.
Also less compensation
Compensation would also be adjusted. Currently, the prices are as follows: €250 for flights up to 1,500 kilometers, €400 for flights up to 3,500 kilometers, and €600 for long-haul flights exceeding 3,500 kilometers.
Under the new proposal, if a plane on a flight of less than 3,500 kilometers is delayed, the stranded passenger would be entitled to 300 euros. For longer flights, compensation of €500 would apply from delays of more than six hours. A downsizing, in other words, of the fare for affected consumers.
In exchange for an increase in waiting times, however, a form of automatic payment compensation in case of flight cancellation will be introduced. The European Commission will conduct an impact assessment of automatic compensation in case of delays.
“An important step”, dixit Crucke
The EU has had legislation on passenger rights since 2004, but in practice, it has not always been easy to enforce. Some provisions and definitions were unclear, leading to uneven application of the rules and numerous disputes between passengers and airlines.
For example, airlines often attempt to avoid mandatory compensation by citing exceptional circumstances, such as adverse weather, strikes, or technical problems that are deemed extraordinary and beyond their control. A consequence of this is that travel companies must regularly bear the cost.
The compromise proposal now on the table came after difficult negotiations. An update to the rules had been on the table since 2013, but member states never reached an agreement.
Belgian Mobility Minister Jean-Luc Crucke (Les Engagés) called the proposal “an important step forward”. “Clear, fair, and enforceable rules are essential in an industry that millions of travelers face every year. It is important for both the passenger and the carrier that the rights and obligations are clear,” Crucke said.
The Minister is counting on the so-called trilogue negotiations between the European Commission, the European Parliament, and the European Council of Ministers to improve the text further and find a better balance, he added.
Lobby group versus consumer
The airline association ‘Airlines for Europe’, with Lufthansa and Ryanair as members among others, was displeased with the compromise. “Instead of setting thresholds for delays of five and nine hours, member states have altered and further complicated the European Commission’s original proposal,” said director Ourania Georgoutsakou. According to the lobby organization, higher thresholds would result in 70% fewer flights being cancelled.
In turn, the European consumer organization BEUC speaks of an erosion of passenger rights. For example, it stresses that most delays today are between 2 and 4 hours, and thus, most passengers will lose their right to compensation. Passengers supporting organization AirHelp also states that current regulations cost airlines just 1€ per ticket and that, on average, every flight disruption costs a passenger 366 euros.
