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Commission moves to limit claims under aviation bill of rights

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Published 14 March 2013, updated 15 April 2013

Stranded airline passengers should not be able to claim for more than three nights of accommodation under European Commission proposals that would protect airlines from potentially huge compensation bills.

 

Both some consumer and airline groups criticised the proposals, drawn up to take account of exceptional situations like the eruption of Icelandic volcano Eyjafjallajokull volcano, which stranded millions of people and cost airlines €1.3 billion.

The ash cloud released by the volcano closed European air space for six days in April 2010, and airlines paid one a half times the compensation they would normally pay in a year in just a week.

"Under current rules, air carriers must provide refreshments, meals and accommodation for an indefinite period of time, potentially threatening their financial survival," the Commission said in a paper outlining the proposal.

"We know that the real priority for stranded passengers is just to get home," Siim Kallas, the EU commissioner for transport, said in a statement.

The Commission also proposed that passengers be allowed to claim compensation only once flights are delayed by five hours for all intra-EU flights and short international flights of less than 3,500 km. The propoals must be approved by the European Parliament and EU Council.

The European Court of Justice ruled last year that passengers should be able to claim compensation for three-hour delays, unless they were caused by circumstances beyond the airline's control.

The Commission also said transport strikes should count as extraordinary circumstances, in which airlines would be liable for providing compensation.

Consumers, airlines not happy

The BEUC consumer organisation said it was disappointed that accommodation was capped at three nights and that compensation would only be available after five hours.

"Passengers are often left in limbo and without the support they should be entitled to," said Monique Goyens, the head of BEUC.

Airlines had feared that a landmark court ruling in another compensation claim, against Ryanair in January, would pave the way for bigger payouts to customers and raise fares.

The court ruled that airlines were obliged to provide care, even in "extraordinary circumstances" such as the ash cloud.

Ryanair, Europe's leading no-frills airline, was taken to court after refusing to compensate Denise McDonagh for €1,129 she spent on meals, accommodation and transport when her flight was cancelled because of the volcanic ash.

The Commission's new proposal also establishes that a passenger may not be denied boarding on the return leg of a ticket because they did not take the outbound flight.

Positions: 

The International Air Transport Association said it was disappointed with the Commission's proposals because they would add new costs for air carriers. In particular, IATA criticised a provision whereby an airline would have to reroute passengers with a competitor if a flight was cancelled and there were no seats available on its own services within 12 hours.

"If your Bic pen doesn't work, you don't expect to get a Mont Blanc as compensation," said Tony Tyler, director general and chief executive of IATA, which represents 240 airlines.

In a statement, the European Low Fares Airline Association welcomed the European Commission’s decision to clarify the rules governing air passenger rights. "Successive interpretations by the courts of the poorly-worded existing Regulation 261/2004 have progressively eroded any balance between detriment to the minority of consumers, affected by flight irregularities, and the burden on airlines, which necessarily results in increased air fares for all passengers.  An important improvement is the further clarification of the concept of extraordinary circumstances." 

John Hanlon, secretary-general of ELFAA, added: “The Commission’s proposal is a step in the right direction but there is more to be done to remove the disparities between EC Regulations covering air transport and other modes, with which air transport competes.”

Athar Husain Khan, acting secretary-general of the Association of European Airlines, said: “We acknowledge the efforts of the European Commission to review the regulation, but we have also voiced our concerns about proposals such as the fact that technical problems are not considered as extraordinary circumstances, as well as the potential costs and the administrative and operational burden on the industry. We look forward to the upcoming discussions with the European Parliament, EU Member States and consumer organisations. It is our firm belief that not only passengers but the whole industry could benefit from the implementation of a flawless legislation.”

EurActiv.com with Reuters

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