For more than 20 years, the EU Air Passenger Rights Regulation (EU Regulation 261/2004) has protected passengers from the inconvenience caused by delayed or canceled flights. However, changes to the regulation are now being discussed, which experts say could have far-reaching consequences for consumer rights. In particular, a planned adjustment to the compensation rules for flight delays is causing controversy.
The EU Air Passenger Rights Regulation previously provided financial compensation for passengers affected by delays of more than three hours. Depending on the length of the flight, travelers could expect compensation of €250, €400, or €600. However, the reform proposals presented by the European Commission and the Polish EU Council Presidency present significant changes. For example, a delay could only trigger compensation after five, nine, or even twelve hours, depending on the flight distance and destination. These adjustments could mean the end of many passengers' claims, as many delays would no longer be covered by the current compensation regulations.
The proposed changes in detail
Current EU air passenger rights regulations provide for compensation payments if a flight is delayed by more than three hours. The amount of compensation varies depending on the distance of the flight. For flights up to 1.500 kilometers, passengers are entitled to €250, for flights up to 3.500 kilometers, €400, and for flights over 3.500 kilometers, €600. This compensation applies to both flights within the EU and international flights, as long as the delay is at least three hours.
However, the reform proposals include a drastic shift in the compensation limits. Compensation would only take effect after a delay of five hours for flights up to 3.500 kilometers and nine hours for flights over 3.500 kilometers within the EU. The regulation for international flights outside the EU is even more serious: Here, compensation would only be payable after a delay of twelve hours. Such a move would severely limit the compensation claims of millions of passengers and leave many travelers in the lurch in the event of delays.
Criticism of the reform proposals
The planned changes have met with sharp criticism from consumer protection organizations and experts. The FairPlane organization, which advocates for the rights of airline passengers, is particularly concerned about the planned reforms. Michael Flandorfer, Managing Director of FairPlane, warns of the negative consequences for consumers: "Such a change would mean a reduction in claims for consumers by at least 70 percent.
In addition to the hassle and stress of unforeseen flight delays, the main focus is often on significant financial damage when pre-booked hotel rooms expire or rental cars are no longer available." According to Flandorfer, the planned changes would mean that many passengers would no longer receive the compensation to which they were previously entitled, which would further increase their financial burden.
Reactions from the industry and affected circles
The proposed changes also shed light on the delicate balance between consumer protection and the interests of airlines. The airlines argue that the current regulations have led to significant financial burdens. Particularly in times of crisis, such as the coronavirus pandemic, many airlines have suffered massive losses and are finding it difficult to meet the financial requirements of the Air Passenger Rights Regulation. Nevertheless, the question remains whether these compensations do not represent necessary protection for travelers who experience difficulties due to delays or cancellations through no fault of their own.
However, the airlines' arguments are considered inadequate and outrageous by the vast majority of consumer advocates and airline passengers, who are often affected by delays themselves. Many travelers find it unfair that they receive no compensation despite long delays simply because they were unlucky with the timing or the airline didn't acknowledge the delay quickly enough.
The call for improvements – demands from FairPlane
The consumer protection organization FairPlane advocates maintaining compensation claims for delays of three hours or more. Furthermore, the organization calls for an adjustment of the compensation amounts, which have not been increased since the regulation came into force more than two decades ago. Given the rising cost of living and rising airline ticket prices, the compensation payments should also be adjusted, FairPlane argues.
Another issue FairPlane is criticizing is the introduction of mandatory Europe-wide airfare protection in the event of insolvency. This is intended to ensure that passengers are not left with the cost of their tickets in the event of an airline's insolvency. The organization also calls for proactive passenger information about their rights to improve transparency and understanding of passenger rights. According to a Eurobarometer survey, only about 30 percent of passengers feel well informed about their rights, which is a serious problem in times of flight cancellations and delays.
The planned changes to the EU Air Passenger Rights Regulation raise the question of how to maintain a balance between the interests of airlines and the needs of passengers. It remains to be seen whether the reforms will actually be implemented as they are, or whether pressure from consumer protection organizations and the general public will lead to a withdrawal or adjustment of the proposals. What is clear, however, is that the future of air passenger rights in Europe requires a thorough and fair reassessment.
and 