After 13 years of negotiations, the European Parliament and EU member states have reached an agreement on reforming air passenger rights. Following a year-long race against the clock, the co-legislators had until midnight on Monday June 15 to strike a deal; otherwise, the reform would have lapsed.
Members of the European Union Parliament (MEPs) have consequently secured an air passenger rights deal that protect passengers against travel disruptions, such as denied boarding and delayed or canceled flights. The rules had not been updated since 2004.
On Monday evening, a provisional agreement on a review of air passenger rights rules reached by Parliament and Council negotiators secured unanimous backing from the Parliament delegation to the so-called Conciliation Committee.
“The European Parliament has always been the strongest advocate for strong air passenger rights. This agreement will strengthen the rights of air passengers across Europe. It will bring greater transparency and predictability for both consumers and airlines, without creating unnecessary bureaucracy for our industry. Parliament fought hard to make travel fairer and procedures clearer, and this is what we have delivered,” Roberta Metsola, President of the European Parliament, said.
Compensation and duty of care
Parliament’s negotiators resisted a push to weaken air passenger rights. Under the deal, air travelers maintain the right to be reimbursed or re-routed and to claim compensation if a flight is delayed by more than three hours, if it is canceled less than 14 days before departure, or if they are denied boarding.
Compensation will not be changed for delayed or canceled flights will depend on flight distance: €250 for journeys up to 1,500 km, €400 for journeys between 1,500 km and 3,500 km, and €600 for all longer journeys.
Air carriers will have the possibility to reduce compensation by 50% for their longest routes if passengers are offered re-routing to their final destination following travel disruption, or if the arrival delay does not exceed four hours.
However, airlines will be able to avoid paying compensation if the delay or cancellation was caused by events beyond their control. The new rules include an open list of extraordinary circumstances, including natural disasters, war, weather conditions, unruly passengers, or strikes involving airports, air navigation services, or ground-handling providers.
In all cases, airlines will have a duty to care for stranded passengers by providing refreshments after two hours of waiting, a meal after three hours, and, if needed during lengthy delays, accommodation for up to three nights.
Faster and easier reimbursement
Air carriers will have to electronically provide passengers affected by delays or cancellations with clear instructions on how to submit a compensation claim within four days of completing their journey. MEPs ensured that passengers will not be required to create a user account or use a specific app to receive this information.
Passengers will have nine months to file a claim, while airlines will have 30 days to pay compensation or invoke extraordinary circumstances, explain why compensation is not due, and refer travelers to complaint procedures.
Protecting vulnerable passengers
MEPs ensured that passengers with disabilities and reduced mobility will have the right to compensation, rerouting, and assistance if they miss a flight because the airport failed to help them reach the gate on time.
Lawmakers also ensured that families traveling with children are not separated. Airlines will be required to seat any person accompanying a child under the age of 14 in an adjacent seat at no extra charge. The same right will apply to passengers with disabilities and reduced mobility, as well as pregnant women.
Upgrading passenger rights
The new rules include the right to bring one personal item, such as a small bag or backpack, onboard without an additional fee -which is actually the case.
At the insistence of MEPs, airlines, intermediaries, and search portals will be required to display fares inclusive of carry-on luggage from the start of the booking process, improving price transparency and ticket comparability. Airlines may also offer cheaper fares to passengers who voluntarily choose to travel without hand luggage.
Passengers will no longer face additional charges for correcting spelling errors in their names or for obtaining a printed boarding pass after checking in. This last clarification is clearly aimed at Ryanair.
MEPs also secured the right to receive digital boarding passes automatically at check-in, without the need for a user account or a dedicated app. Passengers may not be denied boarding for using their own printed copy of a digitally issued boarding pass.
Next steps
Under the third-reading procedure, the provisional agreement reached in the Conciliation Committee must be approved by both Parliament and the Council within the next six weeks, with the possibility of a further two-week extension. The two institutions will vote separately on the joint text after legal and linguistic revision. The European Parliament is expected to vote on the agreement during its July plenary session. The text will then be officially published and will become effective 20 days later.
