Passenger Woes: Upcoming EU Changes Could Seriously Hassle Flight Delay Compensation
- ⏱️ 3 min read
Potential EU Reforms could potentially complicate the process of claimable compensation for flight delays - Significant challenges may arise in claiming compensation for flight delays under potential EU reforms
Flight delays are a universal bane for travelers, but there's a sliver of silver lining - passengers can claim compensation when the culprit is the airline. However, the EU is mulling over changes, and travel enthusiasts are skeptical, fearing extended wait times and slashed payouts to passengers.
The State of Play
Passengers are entitled to a lump sum compensation if their flight gets delayed by more than three hours, so long as the airline is responsible. For flights under 1500 kilometers, the claim is €250, while it's €400 for flights under 3500 kilometers, and €600 for flights surpassing 3500 kilometers. This rule is waived in instances termed "extraordinary circumstances" like natural disasters.
The Brewing Storm
The EU member states are weighing a proposal from 2013 that would significantly hike the threshold for compensation.
Under these proposals, passengers would only receive €250 for delays of five hours or more for flights under 3500 kilometers. For flights over 3500 kilometers with delays of nine hours or more within the EU or over 6000 kilometers outside the EU, the compensation would be €400. The maximum of €600 would only apply to flights over 6000 kilometers encountering delays of more than twelve hours.
These alterations are part of a broader initiative that also includes a ban on airlines charging extra for hand luggage meeting the dimensions of 40x30x15 centimeters.
The Advocates' Take
Organizations like BEUC and the Center for European Consumer Protection anticipate that around 75% of current claims would no longer pass muster with such a reform. In a joint letter to EU representatives in Brussels, they deem this change as a clear step backwards.
Consumer groups also urge limitations on the "extraordinary circumstances" under which airlines aren't liable for compensation. Strikes by airline staff, for instance, shouldn't be considered extraordinary, they assert, quoting European Court of Justice rulings.
The Airlines' Perspective
Airline industry association A4E (Air for Europe) posits that a higher threshold would result in fewer flights being scrapped. The rationale: If the delay exceeds the compensation threshold, airlines often ax flights altogether. A higher threshold would provide airlines more time to dispatch replacement aircraft.
Berlin's Stance
In Germany, Stefanie Hubig, the Minister of Justice and Consumer Protection, is responsible for the law. She vows to safeguard passenger rights, stating, "Consumer rights aren't a luxury that can be thrown under the bus in economically tough times."
The German government has countered with a proposal suggesting the threshold stay at three hours, but the payout should be set at a flat rate of 300 euros, which averages lower.
The Majority Winner?
The outcome isn't clear yet. Poland, the country currently helming the Council of the 27 member states, intends to negotiate a compromise that might settle somewhere in the middle. Until the EU transport ministers' meeting next Thursday in Luxembourg, further negotiations will ensue.
The Next Moves
If an agreement is reached, the Council will then parley with the European Parliament. However, some MEPs are peeved because the Council is leveraging a special procedure that affords the Parliament less time to voice its opinion. The MEP in charge of the negotiations, Andrey Novakov (Conservatives), claimed that the Council was resorting to blackmail.
The Parliament needs time to craft its own proposals; Novakov told news agency AFP that this didn't transpire under time pressure. "That doesn't work under pressure," the MEP stressed. Despite the expedited procedure, the negotiations are expected to pick up steam only in the autumn.
- Flight Delay
- Compensation
- EU
- Airline
- Blackmail
- The EU proposals could lead to a reduction in compensation for flight delays, with passengers only receiving €250 for delays of five hours or more, posing a potential hardship for travelers and consumers.
- The airline industry association, A4E (Air for Europe), argues that a higher compensation threshold for flight delays would result in fewer flights being scrapped, providing airlines more time to dispatch replacement aircraft.
- The Polish government, currently helming the Council of the 27 member states, intends to negotiate a compromise that might settle somewhere in the middle, balancing the interests of airlines and consumers in the ongoing discussions about flight delay compensation.
