The European Council and European Parliament have reached an agreement on updated EU air passenger rights (EU261).
The EU outlined new rules and clarified existing rules, including:
Smoother claims
If there is a delay, the airline must inform passengers within 96 hours. It must also explain their rights and how to apply for compensation. Airlines must acknowledge the claim and reply within 30 days by paying compensation or justifying the refusal.
Compensation
Passengers may claim compensation if a flight arrives more than three hours late or is cancelled less than 14 days before departure.
Compensation levels for delays remain similar to current levels:
- €250 (R4 710) for flights of 1 500km or less
- €400 (R7 535) for intra-EU flights (between 1 500km and 3 500km)
- €600 (R11 303) for other flights
Assistance
The agreement clarifies passengers’ entitlement to assistance during disruptions, including:
- refreshments every two hours of waiting time;
- a meal after three hours, and every five hours thereafter;
- Internet access and two phone calls.
If an overnight stay is required, passengers must be provided with free accommodation and transport. If passengers make their own arrangements, they can request reimbursement.
New rights
Airfares, including the hand-baggage allowance, must be displayed before the start of the booking process to facilitate fare comparisons.
Persons with disabilities/reduced mobility (PRMs), children, unaccompanied minors and pregnant passengers will be better protected. Families, PRMs and the persons accompanying them will be able to sit together at no extra cost.
Rerouting
Rerouting passengers must be offered an alternative route within three hours. Rerouting must be provided at the airline’s expense and under comparable transport conditions.
If an airline fails to offer rerouting within three hours, passengers may organise their own and claim reimbursement of up to 400% of the original ticket price.
The new EU261 rules apply to passengers:
- flying in the EU, on flights operated by EU or non-EU airlines;
- arriving in the EU from a non-EU country on EU airlines;
- departing from the EU to a non-EU country on an EU or non-EU airline.
Within three years, the Commission will determine whether the rules could be extended fully to third-country operators.
IATA expressed frustration that revisions to EU261 stopped short of the meaningful reform needed to address the regulation’s deep flaws.
“After 13 years of discussion, the opportunity to improve Europe’s competitiveness and the passenger experience was lost. The result will not reduce delays, but it will create operational challenges and add costs which will ultimately be borne by passengers. So, it’s a reform in name only that does nothing to help disrupted passengers,” said Willie Walsh, IATA’s Director General.
