Free cabin bag, fast and simple refunds: European Parliament moves to protect air passengers

Brussels – No second thoughts, no backtracking, and (almost) unanimous agreement: when it comes to air transport, it’s passengers and their rights that must be protected, not the airlines. The European Parliament sends a clear message with a vote that favours citizens and families: 632 votes in favour, 15 against, and 9 abstentions for the revision of EU rules on air passenger rights, which openly challenges the Council, which instead gave a nod to carriers. 

The real work begins now. The text approved by the Strasbourg Chamber will be sent to the Council. If not all amendments are accepted, a Conciliation Committee will have to be convened to start what promises to be tough negotiations. The positions are already distant, as demonstrated by today’s vote in the Chamber (21 January): MEPs rejected the attempt by national governments to weaken the rights in force since 2004, which were designed to adequately protect passengers in the event of disruption.

Safeguarding existing rights: two different visions 

Parliament wants to preserve passengers’ rights to reimbursement and compensation in the event of delays exceeding three hours, flight cancellations, or denied boarding. This position contrasts with that of Member States: the EU Council proposes that compensation should only be triggered after delays of between four and six hours, depending on the flight distance.

 Furthermore, MEPs propose compensation for delays ranging from 300 euros to 600 euros, depending on the route, thus maintaining the current ceilings. The Parliament’s request is opposed to the compensation range of 300 to 500 euros suggested by Member States.

 https://www.eunews.it/2022/09/29/autorita-nazionali-esigere-rimborso-da-compagnie-aeree/ 

The rules currently in force stipulate that exceptional and unforeseeable circumstances (such as natural disasters, wars, or adverse weather conditions) exclude the right to compensation for flight cancellations or delays. Given that airlines’ liability is limited to circumstances under their control, Parliament calls on the European Commission to “regularly” update the list of extraordinary circumstances that exempt airlines from paying compensation.

The only point on which the positions of the Parliament and the Council agree concerns the obligation to assist stranded passengers, which entails drinks every two hours, a meal after three hours, and overnight accommodation for up to three nights in the event of long delays.

Free hand luggage and paper documents: the ‘anti-Ryanair’ regulations

MEPs also propose replacing the discretionary policy on items that can be taken on board for a fee with a standard European policy at no extra cost: they want passengers to have the right to carry with them onto the airplane, at no additional cost, one personal item (such as a handbag, backpack or laptop) and one small piece of hand luggage with maximum dimensions of 100 cm (combined length, width and height) and seven kilograms. In addition, there is a request to eliminate additional costs for correcting errors in the passenger’s name or for check-in, and to maintain the option to choose between a digital and a paper boarding pass.  

These are all measures that affect one operator in particular: Ryanair. The low-cost carrier has abolished paper boarding passes, imposes hefty fees for name changes, limits free check‑in to specific time windows before departure, and allows free cabin access only for a small backpack to be placed under the seat. The measures on baggage, therefore, confirm the different approaches of the Parliament and the Council, with the former siding with travellers and the latter with those who transport them.

Simpler reimbursements and greater attention to disability

 The European Parliament’s proposals for new rules on air passengers’ rights also include the introduction of pre-filled forms for compensation and reimbursement claims to simplify procedures and avoid the need to use claims agencies. Airlines would have to send the form within 48 hours of the event (cancellation or long delay), and passengers would then have one year to submit their claim.

 Finally, automatic boarding priority should be guaranteed for persons with reduced mobility, pregnant women, infants, and children in prams. For vulnerable categories of passengers, accompanying persons should be able to sit next to them at no extra cost. In addition, the same categories of passengers should be entitled to compensation and assistance if they miss their flight due to a lack of airport assistance. Now all that remains is to wait for the Council’s response.