Europe is One Step Closer to Overhauling Airline Compensation Rules And It’s Bad News For Passengers
- Airline passengers flying to, from or within Europe, could soon have to endure longer delays before they are entitled to compensation.
European lawmakers have moved a step closer to overhauling generous airline compensation rules for delayed or canceled flights, and the proposed revisions are bad news for passengers.
Under the proposed new rules, airline passengers on short-haul and medium-haul flights would have to be delayed by at least four hours before they could claim compensation, while long-haul passengers would have to be delayed by a minimum of six hours.
Millions of passengers a year could lose out as the proposal significantly increases the length of delay which would trigger a compensation payment.
The current rules
Since 2004, passengers have been able to claim between €250 and €600 if their flight was delayed by three hours or more. The compensation amount varies based on the flight distance. Airlines are only exempt from paying compensation if they can prove the delay was the result of an ‘extraordinary circumstance.’
| Flight length | Delay | Compensation |
|---|---|---|
| 1,500 km or less | 3 hours or more | €250 |
| 1,501 km to 3,500 km | 3 hours or more | €400 |
| More than 3,500 km | 3 hours or more | €600 |
The proposed rules
The long-discussed new rules would simplify the compensation rules, but many delayed passengers would lose out.
| Flight length | Delay | Compensation |
|---|---|---|
| 3,500 km or less | 4 hours or more | €300 |
| More than 3,500 km | 6 hours or more | €500 |
As you can see, there are several major changes:
- There is no longer a distinction between short-haul and medium-haul routes.
- The minimum delay time is at least four hours rather than the current three hours.
- Long-haul passengers must be delayed by at least six hours rather than the current three hours.
- The maximum compensation payout has been reduced to €500 from the existing €600 limit.
The existing rules, known as the EC261 regulations, have been in place since 2004, so the compensation payouts are decreasing even further when you factor in inflation.
Since at least 2013, the European Commission has been considering significant changes to the regulations, and on Thursday, transport ministers from across the bloc reached an agreement to revise the air passenger rights after the Polish Presidency of the EU Council told countries to get a move on and state whether they supported the changes or not.
Dariusz Klimczak, Minister of Infrastructure of Poland, attempted to defend the changes, saying that the proposals will bring over 30 new rights to air passengers, including tarmac delay rules and rerouting guarantees.
For example, airlines would be ordered to reroute passengers at the “earliest possible opportunity” if their intended flight is significantly delayed. Airlines would have to pay for tickets on other carriers and consider other modes of transport like taxis or trains if no flight was available.
If an airline fails to reroute a passenger within three hours of a delay, then passengers will have the right to arrange their own transport and claim back 400% of the original ticket cost.
Passengers who don’t take their outbound flight and then have their return flight canceled by an airline as a ‘no show’ would also be protected under the new rules.
While you might think that airlines would be celebrating these changes, it’s probably no surprise that the aviation industry would like to see the regulations watered down even further or scrapped altogether.
Many airlines believe that the EC261 regulations have done nothing to improve punctuality or reliability across the industry and have simply pushed up air travel costs because the compensation rules are passed onto consumers in the form of higher fares.
