From the BBC:
"EU unveils new air passenger rights"
New rights for airline passengers
have been unveiled by the European Commission. They include rerouting travellers with rival carriers if a flight is delayed
for more than 12 hours. The rules also clarify what are considered exceptional circumstances for
compensation. For example, mechanical failures on board the aircraft do not count, but
natural disasters and traffic control strikes do. The Commission says the new rules, which are not likely to become law until
2014, will give a lot more certainty to airlines and passengers. "It is very important that passenger rights do not just exist on paper," said
EU transport commissioner Siim Kallas. He added: "We know that the real priority for stranded passengers is just to
get home. So our focus is on information, care and effective rerouting."
For this reason, airlines have been given more time to solve any problems, so
as to encourage them to not to cancel the flight. During the Icelandic ash cloud crisis in 2010, when no flights could take off
in Europe for several days, there was much confusion about how much
responsibility the airlines should carry for the welfare of its passengers. Some airlines were initially very reluctant to cover
passengers' costs, but threats from the European authorities brought them into
line. There have also been some concessions to industry. Under the planned
measures, airlines will have to pay for a maximum of three nights' hotel
accommodation - although this does not apply to passengers with reduced
mobility, unaccompanied children or pregnant women. "Critics from both consumer groups and industry have been vociferous in their
concerns about the interpretations of the rules," says aviation expert Steven
Truxal from City University. At times, they are seen as divergent, lacking certainty and therefore
contributing to the confusion around air passenger rights and air carrier
liability."
Some observers go further. "They [the Commission] haven't tackled the big
problem, which is that airlines will continue to misrepresent what the rules
actually are and dodge their obligations. They haven't said what will happen to
the airlines," said Simon Calder, travel editor at the Independent. "Until they make sure that they get the enforcement right, there's not a lot
point bringing lots of extra new rules in," he added. The European Consumer Centre agrees that it can be a difficult process for
customers getting compensation. The Commission also wants complaints to be dealt with more promptly. "The
main problem for passengers is that, while they have very strong passenger
rights defined under EU law, they can have difficulty claiming them and feel
frustrated when air carriers do not appear to apply them," it said in a
statement explaining the rules. It wants to make it a requirement for airlines to acknowledge receipt of a
complaint within a week and provide a formal reply within two months. Tarmac delays
A survey carried out in Denmark showed that just 2-4% of passengers entitled
to financial compensation received it. And if a plane is boarded and sits on the tarmac for more than five hours,
passengers will have the right to demand to be let off. If the tarmac delay is
more than an hour, the airline must provide air conditioning, use of toilets and
water.
Other changes include:
- Financial compensation to be triggered after a minimum five-hour delay (currently stands at three) on any flight within the EU or international flight shorter than 3,500km
- For longer international flights, compensation will be due after a delay of nine hours up to 6,000km and after 12 hours for longer journeys
- Airlines will also be required to inform passengers about delays and provide an explanation no later than 30 minutes after the scheduled departure time
- Carriers no longer able to charge for correcting misspelt names on tickets
- Musicians allowed to bring smaller instruments into the cabin, while there must be clear terms and conditions for transporting larger instruments in the cargo hold.
The proposals are subject to approval by member states and the European
Parliament. They apply only to European airlines.
^ On the one hand these new rules sound good, but when you read the fine-print they don't seem all great. Why are passengers with reduced mobility, unaccompanied children or pregnant women not given the 3 days hotel accomondation? Why can the airlines discriminate against them? I also don't like that there is a 5, 9 or 12 hour tarmac time limit - in the US it's 3 hours for domestic and I believe 5 for international. 9 or 12 hours stuck on a plane is beyond stupid and should never be allowed. I also don't understand why it only applies to European planes. It should apply to any airline flying within the EU. The EU tries to act as though they are doing great things for the millions upon millions of its citizens and tourists and yet allow so many loop-holes to make the rules/laws effective. ^
http://www.bbc.co.uk/news/business-21767040
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