Significant changes in EU policy may diminish protections for air travelers' rights
The EU is mulling over substantial modifications to the existing air passenger rights regulation, concentrating on revising compensation rules for delayed flights. The key proposed adjustment involves increasing the time a flight delay must endure before passengers are entitled to compensation. Following the European Commission's 2013 proposal, the current regulation, established in 2004 (Regulation 261), has been under evaluation, particularly concerning compensation claims for delayed flights.
Currently, passengers are eligible for €250, €400, and €600 in compensation for flights under 1,500 km, between 3,500 km, and beyond 3,500 km, and flights spanning more than 3,500 km, respectively, when the airline is at fault and a delay exceeds three hours. However, under the proposed changes, the compensation amounts could be tied to varying durations and distances:
- Compensation of €250 granted only following a five-hour delay (up to 3,500 km)
- €400 awarded after a nine-hour hold-up (flights beyond 3,500 km within the EU)
- €400 to be given after a nine-hour delay (flights surpassing 6,000 km outside the EU)
- €600 paid after a twelve-hour delay (flights exceeding 6,000 km)
If adopted, these adjustments could result in the majority of affected passengers losing their eligibility for compensation, according to statistics provided by flight data experts. Consumer advocates predict that this figure could reach roughly 80%.
The alteration would diminish the airlines' incentive to maintain on-time and scheduled flights, suggested Tomasz Pawliszyn, CEO of AirHelp, the air passenger rights portal. In the event of acceptance, numerous longer delays could become prevalent in European aviation, he added.
Echoing these concerns, Karolina Wojtal, co-head of the European Consumer Centre Germany (EVZ), underscored that most air traffic disturbances range between two and four hours in duration; hence, airlines might save substantial sums by prolonging flights deliberatively instead of canceling them to evade compensation. Germany, reportedly amongst the European countries with the most air traffic disruptions in 2021, rankings second only to Portugal and Greece, according to AirHelp data.
German Federal Minister of Justice Stefanie Hubig has openly voiced her opposition to this proposed revision in compensation regulations, owing to her responsibility for consumer protection within the federal government. She reiterated that delays of even an hour can disrupt essential plans or mar the commencement of well-deserved vacations, further emphasizing their monetary value. Consequently, she intends to advocate for passengers continuing to receive compensation for delays of at least three hours.
In their assessment of the possible reform, consumer advocates criticize the planned changes, arguing that although easier claiming procedures might be implemented in the future, the central alterations would adversely affect consumers. A reform should not diminish the current rights of consumers in terms of compensation, they asserted.
Meanwhile, the airline sector, amidst the challenging economic environment, leverages the opportunity to exert all their lobbying efforts aimed at reducing their obligations and financial burdens as extensively as possible, according to Wojtal. The European lobby organization "Airlines for Europe" (A4E) backs a reform with extended time thresholds, backing their claim that this would provide airlines more time to find substitute aircraft or crew, potentially resulting in fewer flight cancelations.
A final decision regarding the reform has yet to be reached. The topic might be a point of discussion at an upcoming meeting of EU transport ministers. Subsequently, the EU Parliament must also approve the changes.
Transport sectors could witness a significant change in Europe, as the proposed adjustments to air passenger rights regulations may extend time thresholds for flight delays before compensation is granted. In sports, this situation might be comparable to a team receiving fewer penalties for exceeding time limits, possibly leading to more prolonged games.
If adopted, the revised regulations might lead to a higher number of deliberate flight delays, similar to a team in sports purposely prolonging the game to gain an advantage. Airlines, like sports teams, may find this as an opportunity to save costs, potentially impacting the overall passenger experience.
