The European Union has created rights for air passengers and is working to reinforce them.
Here are the main rights that you now enjoy.
I. Information about flights and reservations
When making enquiries about or booking a flight through a travel agent in the European Union, each passenger has the right to neutral and accurate information.
. Unless a passenger requires something different, a travel agent must supply him or her with neutral information from the computerised reservation system, in particular on:
- the different options available for a journey ranked in the following order:
- non-stop flights,
- flights with intermediate stops, but without a change of aircraft,
- connecting flights;
- all the fares available from different airlines, as displayed.
. A travel agent must give passengers direct access to the information shown
by the computer system if they request it, either by allowing them to see
the screen or by printing it out.
. If the ticket is booked through a travel agent or directly by an airline, they must pass on to the passenger all information available in the computer system about:
- the identity of the air carrier which will actually provide the service, as opposed to the carrier mentioned on the ticket;
- changes of aircraft during the journey;
- stops en route during the journey;
- transfers between airports during the journey.
II. Overbooking
European Union rules require that passengers must receive fair treatment and proper compensation when they are prevented from boarding at a European Union airport.
. A passenger has a valid ticket indicating a confirmed reservation and arrives within the time limit for check-in at an airport in the European Union. If the airline then prevents the passenger from boarding because it has overbooked the flight, the following rules apply. The airline must offer that passenger a choice between:
- reimbursement without penalty of the cost of the ticket for the part of the journey not made or;
- re-routing to the passenger's final destination at the earliest opportunity
or;
- re-routing at a later date at the passenger's convenience.
. In addition, the airline must pay minimum compensation in cash as follows:
- EUR 150 for flights up to 3 500 km (EUR 75 if the delay to the passenger
is less than two hours);
- EUR 300 for flights over 3 500 km (EUR 150 if the delay to the passenger is less than four hours);
- The compensation need not exceed the price of the ticket. Only if the
passenger agrees can it be paid in vouchers or other services rather than cash.
. In addition the airline shall offer the following assistance, free of charge:
- a telephone call and/or telex or fax to their destination;
- meals and refreshments in reasonable relation to the waiting time;
- accommodation in cases where an additional stay of one or more nights is necessary;
- onward transport to their original destination if the passenger accepts a replacement flight to an alternative airport.
. Where a passenger is placed in a lower class than that for which the ticket was purchased, he or she shall be entitled to a reimbursement of the difference.
. Where a passenger is travelling with a package tour, the airline must compensate the tour operator who must then pass the sums collected on to the passenger.
. A passenger should not have to apply to the airline for the compensation and assistance mentioned above - the airline should offer them as a matter of course.
III. Compensation in case of an accident
Passengers travelling with a European Union airline will receive full compensation in the case of an accident regardless of where it happens, and also up-front payments if needed to help with immediate economic hardship.
. There is no limit on the financial liability of a European Union airline to compensate for the death, wounding or any other bodily injury to a passenger. In other words, there is no upper limit on the claim that can be made.
. The airline shall make an advance payment to help with immediate economic hardship, not later than 15 days after the person entitled to compensation has been identified. This advance payment shall not be less than 15 000 special drawing rights (around EUR 20 000) per passenger in the event of death.
. To encourage the rapid resolution of smaller claims up to 100 000 special drawing rights (around EUR 130 000), European Union airlines may only limit or exclude their liability if the damage was caused (in whole or in part)by the negligence of the injured or deceased passenger.
IV. Air travel as part of a package holiday
Air passengers travelling as part of a package tour or holiday bought in the European Union must receive precise information from the organiser about their trip. They also enjoy clear rights concerning the performance of the contract.
. The brochure must, amongst other things, set out clearly and accurately the destination, the itinerary and the means of transport to be used for the holiday. The information in the brochure is binding on the organiser.
. Before departure, the organiser must supply in writing the times and places of intermediate stops and transport connections.
. The consumer has the right to transfer his or her booking to another person.
. The price stipulated in the contract cannot be changed unless the conditions expressly provide for that possibility.
. The organiser is responsible for any failure to meet the terms of the contract, so problems with the flight element of a tour or holiday should generally be taken up directly with the organiser. He will act on the passenger's behalf in dealings with the airline.
V. Other rights
Air transport is subject to a contract that creates certain rights for passengers. Ask the airline or your travel agency for a copy.
Under international agreements an airline is liable for damage caused by delay, except if it proves that it did all it reasonably could to avoid the damage or that it was impossible to do so. It is also liable for loss or damage to baggage. Ask for information from your airline or travel agency.
European Commission
Enforcing passenger rights
The passenger rights above are laid down either directly by EU law or by national laws that implement EU directives. So, airlines, travel agents, tour operators and all other businesses involved in the provision of air transport must observe them.
. The first thing a passenger should do is to contact the airline or the organiser of the package holiday.
. If a passenger feels that the law has not been respected, he or she could contact the relevant national body responsible for air transport or consumer protection (when available details are indicated below).
. When a passenger has incurred damages because Community law has not been respected, there may be grounds for private legal action in national courts.
. Consumer and passenger organisations can also offer advice or assistance.
. A passenger can also inform the Directorate-General for Energy and Transport of the European Commission of the follow-up given to his/her complaint (Rue de la Loi/Wetstraat 200, B-1049 Brussels, fax (32-2) 299 10 15, e-mail: tren-aprights@cec.eu.int).
