Negotiations on new European rules on air passenger rights have been blocked several times. After more than 13 years, the reform passed its final hurdle earlier this week - ministers from the European Union member states also gave the green light to the changes. There has been a particularly long disagreement over the amount of compensation and the threshold for its payment.
EU member states initially wanted passengers to be entitled to compensation only after a flight delay of four hours in the future and for the amounts to be lower than before. In the end, the conditions basically remained the same: passengers are entitled to compensation if their flight is delayed by at least three hours.
How much is the compensation?
Depending on the length of the flight, the compensation is 250 euros for flights up to 1.500 kilometers, 400 euros for flights up to 3.500 kilometers and flights within the European Union, 600 euros for flights longer than 3.500 kilometers that do not take place exclusively within the European Union.
These thresholds apply even when the flight is completely cancelled, provided that the cancellation is communicated to the passenger less than 14 days before the scheduled departure.
What are the additional conditions?
A prerequisite for the right to compensation is that the airline is responsible for the delay or cancellation of the flight. What is new is that so-called extraordinary circumstances for which the carrier is not responsible will now be precisely listed, for example, passengers behaving violently or inappropriately, weather conditions, natural disasters, strikes by airports or ground service providers.
The airline must still prove that these circumstances directly caused the traffic disruption.
Within 96 hours of the end of the trip, airlines will have to inform passengers about their rights and how to exercise them. Passengers then have nine months to file a claim. After that, the airline must pay compensation or explain to the passenger why they are not entitled to compensation in their specific case within 30 calendar days.
The EU's aim is to simplify the claims process and enable more passengers to exercise their rights. In the future, there should also be a voluntary EU certificate for air passenger rights, which airlines could use to certify that they operate in accordance with European regulations.
What is being introduced?
Children under the age of 14 should be able to sit next to their parents on the plane without an additional seat reservation fee. The same will apply to pregnant women, as well as people with reduced mobility and their companions.
Airlines will also have to correct spelling errors in names on tickets free of charge, as well as print boarding passes for passengers who have already checked in for their flight at no additional cost.
Air transport providers will now have to display the price of a ticket together with hand luggage as standard. This should make it easier to compare prices. At the same time, airlines will still be able to offer cheaper tickets to passengers who voluntarily forgo bringing a large backpack into the cabin.
Passengers who are forced to travel in a lower class than the one they booked (downgrade) will automatically receive a partial refund within 14 days. The amount depends on the ticket price and the length of the flight.
The rules will also more clearly define what passengers are entitled to in the event of disruption to their planned journey. After two hours of waiting, they are entitled to refreshments, after three hours to a meal, and then to an additional meal every five hours, with a maximum of three meals per day. In addition, they are entitled to internet access and at least two phone calls.
Passengers who purchase a ticket for an outbound and return flight but do not use the outbound flight or part of it (no-show) will still be able to use the return flight. They may not be charged an additional fee for this. This is important because in practice it is sometimes cheaper to buy connecting flights, so passengers knowingly do not use one part of the journey or unintentionally miss a flight.
What rights apply to alternative transportation?
If an overnight stay is required due to a disruption, passengers must be accommodated in a hotel free of charge and provided with free transportation from the airport to the accommodation and back.
If the airline does not provide such assistance, passengers can find a reasonable solution themselves and subsequently request a refund.
In many cases, passengers will be entitled to alternative transport to their destination. This may include another airport nearer to the final destination, a different travel route, transport by another airline or even transport by train.
The travel conditions must be comparable to the options originally booked. For example, passengers who have booked a direct flight must not be forced to use flights with multiple connections.
The airline must offer such an alternative within three hours. Otherwise, passengers can arrange their own travel to their destination. The airline must then reimburse costs up to a maximum of four times the original ticket price.
Until now, there was no such upper limit, so for passengers who bought very cheap tickets and had to subsequently buy expensive tickets on the day of travel, this reform could represent a deterioration compared to the current rules.
Where and when do the new rules apply?
The new rules will apply to all flights departing from the European Union, regardless of which airline operates them. If the departure is outside the EU and the landing is in the European Union, the rules will only apply if the carrier is based in the EU.
Once the regulations come into force, airlines will have 12 months to implement them. Passengers will most likely start to benefit from the new air travel rights from mid-2027.
Independently of the reform of air passenger rights, the European Parliament and the Member States already agreed in June on amendments to the implementation of passenger rights. These amendments still need to be formally confirmed, but according to information from the Council of the European Union, they should enter into force at the same time as the reform of air passenger rights.
Among other things, a single form is foreseen, which will allow passengers to submit claims for compensation or refunds. It should also be clearly stipulated that in the event of a flight cancellation, the passenger will be refunded the entire amount paid. According to the Council of the European Union, online platforms and travel agencies will no longer be allowed to retain their intermediary fees in such cases.
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