Passenger rights
Common rules have been drawn up to ensure that passengers receive at least a minimum level of assistance in the event of serious delays to or cancellation of their journey, irrespective of the mode of transport used, and, in particular, to protect more vulnerable travellers. The rules also provide for compensation schemes. A wide range of derogations may be granted for rail and road transport services, however, and court actions challenging the application of the rules are still common.
Legal basis
Articles 91(1) and 100(2) of the Treaty on the Functioning of the European Union (TFEU).
Objectives
EU legislation on passenger rights seeks to ensure that passengers enjoy a harmonised minimum level of protection, irrespective of the mode of transport used, with a view to facilitating mobility and encouraging the use of public transport.
Results
The EU has over time adopted a body of rules designed to protect passengers, irrespective of the mode of transport they use. These rules build on previous legislation on the protection of consumers[1] and package holidays[2] and on the applicable international conventions[3], the Charter of Fundamental Rights and the relevant national provisions. However, they are proving difficult to apply, leading to frequent court cases. The Court of Justice of the European Union plays a leading role in interpreting the rules.
The rules lay down a set of basic rights common to all modes of transport, such as non-discrimination, special protection for reduced-mobility passengers[4], traveller information, national enforcement bodies and arrangements for handling complaints. In the event of cancellation or significant delay, the rules also provide for mandatory compensation and assistance schemes specific to each mode of transport.
A. Air transport: Regulations (EC) No 261/2004 and (EC) No 1107/2006
Regulation (EC) No 261/2004 has been the cause of numerous disputes and has been clarified in a series of rulings[5].
Denied boarding:
- The carrier must first call for volunteers, who are offered: (i) a freely negotiated sum in compensation, and (ii) the choice between either being reimbursed within seven days (and, if necessary, a free flight to the initial point of departure) or being rerouted or continuing their journey as soon as possible, or at a mutually agreed later date;
- Passengers who cannot board must be offered: (i) assistance (meal, telephone calls and accommodation if necessary), (ii) the choice between either being reimbursed within seven days (and, if necessary, a free flight to the initial point of departure) or being rerouted or continuing their journey as soon as possible, or at a mutually agreed later date, and (iii) an immediate predetermined sum in compensation as follows:
Flights ≤ 1 500 km | Flights 1 500-3 500 km Flights EU ≥ 1 500 km |
Flights ≥ 3 500 km |
---|---|---|
EUR 250 (EUR 125 if rerouted and arriving less than two hours late) | EUR 400 (EUR 200 if rerouted and arriving less than three hours late) | EUR 600 (EUR 300 if rerouted and arriving less than four hours late) |
- Assistance (meal, telephone calls and accommodation, if necessary)[6];
- A choice between (i) being reimbursed within seven days (and, if necessary, a free flight to the initial point of departure) or (ii) being rerouted or continuing their journey as soon as possible or (iii) at a mutually agreed later date;
- Immediate compensation, as in the case of denied boarding, unless the passenger was notified in advance of the flight’s cancellation[7] or there are extraordinary circumstances[8].
Delays of at least two hours for flights of 1 500 km or less, at least three hours for flights of between 1 500 and 3 500 km and intra-EU flights of more than 1 500 km, and at least four hours for flights over 3 500 km:
- Assistance (meal, telephone calls and accommodation, if necessary);
- In the event of a delay longer than three hours, passengers should be offered reimbursement within seven days (and, if necessary, a free flight to the initial point of departure) and compensation as in the event of cancellation[9].
Upgrading/downgrading:
- The carrier may not demand any extra payment when it upgrades a passenger;
- In the event of downgrading, the carrier must reimburse the passenger within seven days as follows: (i) 30% of the ticket price for flights of 1 500 km or less, (ii) 50% for flights of between 1 500 and 3 500 km and intra-EU flights of more than 1 500 km, and (iii) 75% for flights of over 3 500 km.
Reduced-mobility passengers:
Reduced-mobility passengers and those accompanying them should always be given priority for boarding. Where boarding is denied, or in the event of a flight cancellation or delay, irrespective of the duration of the delay, they should always be offered assistance (meals, telephone calls and accommodation, if necessary) as soon as possible.
The Commission presented a new proposal amending Regulation (EC) No 261/2004 in March 2013 with a view to further enhancing the enforcement of the EU rules by clarifying key principles and implicit passenger rights that have given rise to many disputes between airlines and passengers in the past. The first reading by Parliament was adopted in February 2014, and in October 2019 Members voted to enter into negotiations with the Council. The codecision process is still ongoing and final solutions are yet to be agreed between Parliament and the Council of the EU. In Annex III to its 2021 work programme, the Commission lists the above proposal as a priority pending proposal under the priority ‘European Green Deal’. A proposal for the revision of the passenger rights regulatory framework is scheduled for 2023 in the Commission’s 2023 work programme.
B. Rail transport: Regulation (EC) No 1371/2007
Member States may derogate from the majority of these rules for domestic rail passenger services (until 2024) and local services (i.e. urban, suburban and regional services), and for international services if a significant part of the journey is provided outside the EU[10].
Cancellation or delay of over 60 minutes:
- A choice between (i) being rerouted or continuing their journey as soon as possible, or (ii) at a mutually agreed later date, or (iii) being reimbursed within one month (and, if necessary, a free return journey to the initial point of departure);
- Where no reimbursement is made entitlement to transport stands, with compensation to be paid within one month at the request of the passenger (except if they were informed of the delay before purchasing the ticket) as follows: 25% of the ticket price paid for delays of between 60 and 119 minutes and 50% for longer delays;
- A meal at the station or on board the train, if possible, and accommodation, if necessary and possible;
- The carrier is not held liable if the cancellation or delay is due to unavoidable extraordinary circumstances; compensation is always due, however, even in such circumstances[11].
The recast of Regulation (EC) No 1371/2007 launched by the Commission in September 2017 provides the foundation for an even clearer framework for the relationship between carriers and customers. The Regulation should establish rules applicable to rail transport to provide for effective protection of passengers and encourage rail travel. It covers:
- Non-discrimination between passengers with regard to transport and ticketing conditions, including people with reduced mobility and cyclists;
- Passengers’ rights and compensation in the event of disruption such as cancellation or delay;
- The provision of minimum, accurate and timely information in accessible format to passengers, including on ticketing.
Moreover, users’ rights when using rail services include being provided information about these services and related matters both before and during and after the journey. The Regulation was adopted by Parliament at second reading in April 2021 (Regulation (EU) 2021/782). The Commission is planning to adopt an implementing regulation in accordance with Regulation (EU) 2021/782 to simplify the process for rail passengers to request reimbursement or compensation by creating a standard form in the event that rail services are delayed or cancelled. Passengers will be given the right to submit their requests to any EU rail service company using this form. Moreover, it will be ensured that people with impairments or limited mobility can access this form.
C. Maritime and inland waterway transport: Regulation (EU) No 1177/2010
The rights of passengers travelling by sea or inland waterway (for journeys of more than 500 m, using motorised vessels carrying more than 12 passengers and three crew members) can be enforced only if (i) the port of embarkation or (ii) the port of destination is situated in the EU and if the service is operated by an EU carrier. Cruise-ship passengers must embark at an EU port in order to enjoy these rights and are not covered by some of the provisions on delays.
Cancellation or delay of over 90 minutes on departure:
- Passengers should be informed of the delay or cancellation no later than 30 minutes after the scheduled departure time;
- A choice between (i) being rerouted or continuing their journey as soon as possible, or (ii) being reimbursed within seven days (and, if necessary, a free return journey to the initial point of departure) should be offered;
- Assistance (except if the passenger was informed of the delay before purchasing the ticket): meals, if possible, and accommodation on board or on land, if necessary; accommodation on land is restricted to three nights at a cost of EUR 80 per night; accommodation need not be provided if the cancellation or delay is caused by bad weather.
Significant delay on arrival:
Compensation should be paid within one month at the request of the passenger (except if he or she was informed of the delay before purchasing the ticket or if the delay was caused by bad weather or force majeure) as follows:
Compensation | 25% of the ticket price paid | 50% of the ticket price paid |
---|---|---|
Journey ≤ 4 hours | Delay ≥ 1 hours | Delay ≥ 2 hours |
Journey 4 to 8 hours | Delay ≥ 2 hours | Delay ≥ 4 hours |
Journey 8 to 24 hours | Delay ≥ 3 hours | Delay ≥ 6 hours |
Journey ≥ 24 hours | Delay ≥ 6 hours | Delay ≥ 12 hours |
The rights of passengers travelling by bus or coach can be enforced in full only on regular services of over 250 km where passengers board or alight in the territory of a Member State[12]. Until March 2021, Member States may derogate from the majority of the provisions of the Regulation (leading to very different rules in different Member States that will ultimately provide less protection).
Cancellation or delay of over 120 minutes on departure:
- Passengers should be informed of the delay or cancellation no later than 30 minutes after the scheduled departure time;
- A choice between (i) being rerouted or continuing their journey as soon as possible, or (ii) being reimbursed within 14 days (and, if necessary, a free return journey to the initial point of departure) should be offered; if the carrier fails to offer the passenger this choice, the passenger must be reimbursed and also has the right to compensation amounting to 50% of the ticket price, to be paid within one month;
- For journeys of over three hours, if the service is 90 minutes late, assistance must be offered (meals and accommodation, if necessary, for a maximum of two nights at a cost of EUR 80 per night); accommodation does not need to be provided if the cancellation or delay is caused by bad weather or a natural disaster.
E. Response to the COVID-19 crisis
The spread of COVID-19 prompted the Commission to adopt Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19 on 18 March 2020, in which it recalled that passengers have the right to choose between reimbursement and rerouting. On 13 May 2020, the Commission adopted a further recommendation on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic.
On 23 May 2022, the Commission adopted the ‘Contingency Plan for Transport’ to draw lessons from the COVID-19 pandemic and to take into account the challenges that the transport sector has been facing due to Russia’s war against Ukraine. Both of these crises have strongly affected the transport of goods and people. In this plan, the Commission lays out the legislative initiatives that it is exploring to safeguard passengers from the risks of a liquidity crisis or the insolvency of transport companies, which are frequently associated with crises. The plan also lays out that, in the future, the Commission will also make clear how to protect passengers’ rights when a crisis puts them under pressure and how to shield them from risks not covered by current EU passenger rights regulations.
Role of the European Parliament
Parliament has always been a strong advocate of passenger rights irrespective of the mode of transport used. Its main aim is now to ensure that the texts adopted in recent years are properly applied. Parliament has therefore called for more readily comprehensible rules, the provision of clear and accurate information to passengers before and during their journey, straightforward, quick complaints procedures and better enforcement of the existing rules. The main proposals contained in its two resolutions adopted in 2012 are that: the law should define clearly the ‘exceptional circumstances’ which release carriers from certain obligations; carriers should establish a permanent helpline, with calls charged at non-premium rates; there should be an obligation to handle passenger complaints within two months and measures to improve the effectiveness of national enforcement bodies.
Parliament has also come out in favour of improving existing rights, in particular as regards misleading or unfair terms in transport contracts, and improving access to transport infrastructure for reduced-mobility passengers and the introduction of new rights, such as minimum quality standards or rules which are such as to protect passengers making multimodal journeys. This last point would require Member States to refrain from making derogations when applying the rules on rail or road transport.
Main European Parliament decisions concerning passenger rights:
- Resolution of 25 November 2009 on passenger compensation in the event of airline bankruptcy;
- Resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020;
- Resolution of 29 March 2012 on the functioning and application of established rights of people travelling by air;
- Resolution of 23 October 2012 on passenger rights in all transport modes;
- Legislative resolution of 5 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air;
- Resolution of 7 July 2015 on delivering multimodal integrated ticketing in Europe;
- Resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences, in which Parliament called on the Commission to see that its Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with COVID-19, published on 18 March 2020, were properly implemented;
- Resolution of 13 December 2022 on the action plan to boost long-distance and cross-border passenger rail. Parliament called on ensuring the uniform protection of passengers’ rights in all different transport modes.
Davide Pernice