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Strengthening passenger rights within the European Union

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Strengthening passenger rights within the European Union

Outline of the Community (European Union) legislation about Strengthening passenger rights within the European Union

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Strengthening passenger rights within the European Union

Document or Iniciative

Communication from the Commission to the European Parliament and the Council “Strengthening passenger rights within the European Union” [COM(2005) 46 final – not published in the Official Journal].

Summary

The single market has generated a sizeable growth in demand for both passenger and goods transport. However, passengers have been faced with difficult situations which, rather than being the exception, have unfortunately become the norm, such as cancellations, overbooking, loss of luggage, delays, etc.

Passenger rights should be protected in the following ways:

  • specific measures in favour of persons with reduced mobility;
  • compensation and assistance in the event of a delay, cancellation or denied boarding;
  • liability in the event of death or injury;
  • treatment of complaints and means of redress;
  • passenger information.

Specific measures in favour of persons with reduced mobility

A passenger protection policy must include specific measures to protect persons with reduced mobility. There are some 45 million citizens with reduced mobility, or around 10 % of the European population. This figure includes not only disabled persons but also those who would be incapable of travelling without assistance because of their age, reduced mental capacity or illness.

These people should be guaranteed appropriate assistance, wherever they go and whatever the form of transport used, so that they can travel with confidence throughout the EU. They should never be refused travel or a reservation because of their reduced mobility. Moreover, they should receive the assistance that they need free of charge, both in airports, stations and ports and on board the means of transport itself.

Automatic and immediate solutions where travel is interrupted

Where a service is interrupted because of delay, cancellation or denied boarding, the passengers should be entitled to automatic solutions to overcome the difficulties they encounter whatever the method of transport. They can always bring judicial proceedings against carriers.

Liability in the event of death or injury of passengers

As a general rule, carriers are insured against the risk of physical damage to passengers; however, the requirements vary considerably at national level.
With the exception of the aviation sector, there is no guarantee of a sufficient and uniform level of insurance in all circumstances. As regards maritime transport, the Commission has already proposed that the Community and the Member States become contracting parties to the Athens Protocol relating to the carriage of passengers and their luggage by sea.

In the same way, coach travellers are faced with different national rules and do not know before which court they should bring their action. In view of this, the Commission will examine how to guarantee an adequate level of cover and a uniform approach to liability in international coach transport.

Treatment of complaints and means of redress

Once passengers have been made aware of their rights, the exercise of such rights should be made as simple as possible. Most of the time the judicial proceedings are complex or very lengthy. Hence the usefulness of extra-judicial mechanisms for solving disputes which offer significant advantages: speed, transparency, reasonable cost and flexibility. In the light of this, the Commission has established a European network of national bodies aimed at facilitating access to non-judicial procedures for the resolution of cross-border disputes.

Passenger information

Passengers should not only know the identity of the carrier who will operate the flight but also be certain that information which could affect the safety of the carrier and which could therefore concern them is indeed communicated rapidly and effectively between States.

The Commission has initiated a number of measures concerning passenger information, namely:

  • developing a system of indicators which will give air passengers access to key information on the quality of service so that they can easily and immediately compare the performance of carriers. The proposed indicators cover delays, denied boarding, cancellations and poor baggage handling;
  • pursuing its information campaign to publicise the rights created by Community legislation. The Commission will update the charter of air passengers’ rights to include the new Community legislation on denied boarding, cancellation and long delays of flights and on the liability of air carriers;
  • obtaining a voluntary undertaking from air carriers and railway companies to set up an integrated ticketing system to enable passengers to combine several modes of transport in one journey through integrated ticketing;
  • studying, with the industry, the options for strengthening passengers’ rights in the event of airlines going bankrupt.

Related Acts

Communication from the Commission – Developing the trans-European transport network: Innovative funding solutions – Interoperability of electronic toll collection systems [COM(2003) 132 final – Not published in the Official Journal].

Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community [Official Journal L 166 of 30.4.2004].

Denied-boarding compensation system

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Denied-boarding compensation system

Outline of the Community (European Union) legislation about Denied-boarding compensation system

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Mobility and passenger rights

Denied-boarding compensation system

Document or Iniciative

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.

Summary

This Regulation applies to:

  • passengers departing from an airport located in the territory of a Member State to which the EC Treaty applies; and
  • passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the EC Treaty applies,

On condition that the passengers have a confirmed reservation on the flight concerned and, except in the case of cancellation, present themselves for check-in at the time indicated in advance or, if no time is indicated, not later than 45 minutes before the published departure time.

This Regulation establishes passengers’ rights if:

  • they are denied boarding against their will;
  • their flight is cancelled;
  • their flight is delayed.

This Regulation does not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

Denied boarding

When an air carrier reasonably expects to deny boarding on a flight, it first calls for volunteers to surrender their reservations in exchange for certain benefits. If an insufficient number of volunteers come forward to allow the remaining passengers to board the flight, the air carrier may then deny boarding to passengers against their will, in which case it must compensate them.

Air carriers give priority to persons with reduced mobility and any persons accompanying them.

In the event of flight cancellation or denied boarding, the passengers concerned have the right to:

  • reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
  • care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
  • compensation totalling:
    – EUR 250 for all flights of 1500 kilometres or less;
    – EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
    – EUR 600 for all other flights.

Delays

The Regulation introduces a three-tier system:

  • in the event of long delays (two hours or more, depending on the distance of the flight), passengers must in every case be offered free meals and refreshments plus two free telephone calls, telex or fax messages, or e-mails;
  • if the time of departure is deferred until the next day, passengers must also be offered hotel accommodation and transport between the airport and the place of accommodation;
  • when the delay is five hours or longer, passengers may opt for reimbursement of the full cost of the ticket together with, when relevant, a return flight to the first point of departure.

Upgrading and downgrading

If an air carrier places a passenger in a class lower than that for which the ticket was purchased, the passenger must be reimbursed within seven days, as follows:

  • 30% of the price of the ticket for all flights of 1500 kilometres or less;
  • 50% of the price of the ticket for all intra-Community flights of more than 1500 kilometres, except flights between the Member States and the French overseas departments, and for all other flights between 1500 and 3500 kilometres;
  • 75% of the price of the ticket for all other flights, including flights between the Member States and the French overseas departments.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 261/2004 [adoption: codecision procedure COD/2001/305] 17.2.2005 – OJ L 46 of 17.2.2004