Air passenger rights updated
- 15 hours ago
- 3 min read
Attorney at law Nerijus Zaleckas participated in the TV show “Good evening, Lithuania” on the TV channel LNK, where he explained updated air passenger rights in the European Union.
After thirteen years of negotiations, the European Union institutions have finally reached an agreement on the amendments to Regulation 261.
Compensation for disrupted flights and the duty of care
The central right of passengers to be reimbursed or rerouted in case of cancellation was defended. Passengers will also continue to be able to claim compensation for delays of more than three hours, if a flight is cancelled less than 14 days in advance, or if a passenger is denied boarding. Compensation levels for delayed or cancelled flights are maintained and will depend on flight distance: €250 for journeys up to 1,500 km, €400 for intra-EU journeys of more than 1 500 km and other journeys between 1,500 km and 3,500 km, and €600 for all other longer journeys. Air carriers will have the possibility to reduce compensation by 50% for their longest journeys if passengers are offered re-routing to their final destination following travel disruption, or if the delay at arrival does not last more than four hours.
Airlines will be able to avoid paying compensation if the delay or cancellation was caused by events beyond their control. The new rules will have an open list of these extraordinary circumstances, including natural disasters, war, weather conditions, unruly passengers, or airport, air navigation or ground handling service provider strikes.
In all cases air operators will still have a duty of care for stranded passengers including providing refreshments every two hours of waiting time, a meal after three hours, and, if needed during long delays, overnight accommodation (for up to of three nights if the disruption is beyond the airline’s control).
Easier reimbursement
Passengers opting for a reimbursement instead of being rerouted will receive it automatically, while passengers facing travel disruptions will receive clear instructions on how to submit a request for compensation within four days of the termination of their journey. Passengers will not be obliged to have a user account or a specific application to receive this information.
Air passengers will have nine months to file a compensation request, while airlines will have 30 days to pay the compensation or invoke extraordinary circumstances, explain why compensation will not be provided and refer passengers to complaint handling steps.
Adding more passenger rights
Air passengers will be able to take the return flight of a two-way ticket even if they did not use the first flight, without incurring an additional fee.
The new rules now include the right to carry on board, without extra cost, one personal item, such as a small bag or backpack. To improve price transparency and comparability, intermediaries and search portals are required to display airfare inclusive of carry-on luggage at the outset of the booking process. Airlines may offer cheaper tickets for passengers who decide to travel without hand luggage.
Air passengers will no longer be charged additional fees for correcting name spelling errors or for a printed version of a boarding pass if they have already checked in. The new rules secured the passengers’ right to obtain boarding passes digitally upon check-in, without any further request or obligation to have a user account or a specific application. In addition, passengers shall not be denied boarding on the grounds that they used their own printed version of a digitally issued boarding pass.
Protecting vulnerable passengers
New rules also ensured that passengers with disabilities and reduced mobility will have the right to compensation, rerouting and assistance by airlines if they miss a flight due to the airport’s failure to help them reach the gate on time. They also made sure that families with kids are not separated during seating, by obliging air carriers to place any person accompanying a child below the age of 14 on an adjacent seat without paying extra. The same right will apply to passengers with disabilities and reduced mobility, and to pregnant women.
Next steps
The updated rules would enter into force 20 days after publication in the Official Journal of the EU. From that moment the EU countries and companies will have one year to prepare for their implementation.
