New regulations forcing airlines to compensate heavily inconvenienced passengers traveling to, from or within the European Union went into effect today. Discussed for years and adopted last January by the European Council and the European Parliament
(BTN, Feb. 9, 2004), the new regulations cover denied boardings, lengthy delays and flight cancellations. They have drawn considerable objections from certain European carriers and trade groups, which have called the legislation ambiguous and the compensation levels excessive.
Involuntary denied boarding compensation now ranges from €250 for flights under 1,500 kilometers to €600 for flights over 3,500 kilometers. Those levels are up from the €150 to €300 range established as part of passenger rights legislation enacted in 1991. Airlines also must either refund affected passengers' tickets or offer alternate flights and provide meals and overnight accommodations, if necessary.
Similar compensation now is required for flight cancellations when the reason for the cancellation was within the carrier's control. Passengers experiencing lengthy flight delays also are entitled to meals and overnight accommodation, if necessary. Should the delay exceed five hours, airlines must provide refunds.
The rules cover all airlines-European and non-European, scheduled and charter-operating flights departing from airports within an EU member state, as well as European carriers operating flights arriving within an EU member state.
Several airlines, particularly low-cost operators, welcomed the spirit of the legislation but protested the specifics. EasyJet, for example, yesterday called the new rules "a piece of bad law that is unfairly biased against the airline industry and thus damaging." EasyJet suggested compensation levels should not be uniform, but rather based proportionally on fare paid. "At present EasyJet's average fare is £42 one way," the airline said. "Under the new legislation the compensation will start at £172 for a one-way flight."
EasyJet, like some of its peers, also raised concern about how officials will determine if an airline is liable for specific delays and cancellations. Airlines can be definitively blamed for mechanical-related problems, for example, but are less likely to accept responsibility for delays or cancellations stemming from air traffic control, inclement weather, labor action and other factors.