AIR PASSENGERS` AIR PASSENGERS` RIGHTS RIGHTS

IN THE EUROPEAN UNIONIN THE EUROPEAN UNION

Axel LuttenbergerAxel Luttenberger

AIR PASSENGERS `AIR PASSENGERS `RIGHTS IN THE EURIGHTS IN THE EU

Airlines` contractAirlines` contract Improvement in the protection of passengersImprovement in the protection of passengers Sources of lawSources of law

legislationlegislation

voluntary commitmentsvoluntary commitments The need of the new legal framework for air The need of the new legal framework for air

passengers and their protectionpassengers and their protection ConclusionConclusion

IntroductionIntroduction

Single market – lower fares and wider choiceSingle market – lower fares and wider choice Liberalisation does not sufficeLiberalisation does not suffice Passengers are often in a weak position (they Passengers are often in a weak position (they

accept conditions)accept conditions)

Problem:Problem: denied boarding, cancellation denied boarding, cancellation or or long long delaysdelays of flights and of flights and denied boarding denied boarding compensation systemcompensation system

AirlinesAirlines`̀ contract contract

Ticket or confirmation paperTicket or confirmation paper Res. 724 Passenger Ticket – Notice and Condition Res. 724 Passenger Ticket – Notice and Condition

of Contractof Contract Recommended Practice 1724Recommended Practice 1724

Package travel – contract with the tour organiser or Package travel – contract with the tour organiser or retailerretailer

Improvement in the protection Improvement in the protection of passengersof passengers

contract to be clear, contract to be clear, complete and known complete and known to the passengers to the passengers

promote voluntary promote voluntary commitmentscommitments

passengers have the passengers have the obligation to:obligation to: respect the time for respect the time for

check-in and boardingcheck-in and boarding not endanger the not endanger the

safety and healthsafety and health

other legislation shall applyother legislation shall apply

Regulation 2027/97 on Regulation 2027/97 on liability in the event of liability in the event of the accidentthe accident

amending Regulation amending Regulation 889/2002889/2002

to align Community rules to align Community rules with the Montreal with the Montreal convention convention

LegislationLegislationCouncil regulation (EEC) Council regulation (EEC) 259/91 establishing 259/91 establishing common rules for denied common rules for denied boarding compensation boarding compensation system on scheduled system on scheduled transporttransport

Council directive 93/13 Council directive 93/13 EEC on unfair terms in EEC on unfair terms in consumers contractconsumers contract

Regulation (EC) 889/2002 of Regulation (EC) 889/2002 of the European Parliament the European Parliament and the Council 2027/97 on and the Council 2027/97 on air carrier liability in the air carrier liability in the event of accidentevent of accident

Proposal for a regulation Proposal for a regulation of establishing common of establishing common rules on compensation rules on compensation and assistance to and assistance to passengers in the event passengers in the event of the denied boarding of the denied boarding and cancellation or long and cancellation or long delays in flightsdelays in flights

the Montreal Convention the Montreal Convention (unification of certain rules (unification of certain rules for international carriage by for international carriage by air)air)

Council directive Council directive 90/314/EEC on package 90/314/EEC on package travel, holidays and travel, holidays and package tourspackage tours

Voluntary commitmentsVoluntary commitmentsAirport Voluntary Commitment on Air Airport Voluntary Commitment on Air

Passenger ServicePassenger Servicecommitmens to a quality (not legally binding)commitmens to a quality (not legally binding)

information on legal rights and assistanceinformation on legal rights and assistance

regular reportingregular reporting

Airline Passengers Service CommitmentAirline Passengers Service Commitmentstandards for the service (not legally binding)standards for the service (not legally binding)

to notify of known delays, cancellation and diversion, to notify of known delays, cancellation and diversion,

assist passengers, assist passengers,

deliver baggage, deliver baggage,

telephone reservation,telephone reservation,

prompt refunds, prompt refunds,

meet the needs in long delays meet the needs in long delays

The need of the new legal The need of the new legal framework for air passengers and framework for air passengers and their protectiontheir protection

the legislator must strike the balance between the legislator must strike the balance between simply creating certainty and further extending simply creating certainty and further extending passengers rightspassengers rights

it must reconcile the protection of passengers it must reconcile the protection of passengers with the need to avoid over-regulationwith the need to avoid over-regulation

the goalsthe goals

enabling delayed enabling delayed passengers to passengers to continue their continue their journeys in good journeys in good conditions with the conditions with the right of ticket right of ticket reimbursement or to reimbursement or to alternative flightalternative flight

creating new rights by creating new rights by setting minimum setting minimum requirements to be requirements to be included in the included in the contractcontract

providing the providing the information to information to passengers by passengers by requiring airlines to requiring airlines to submit data for submit data for consumer reportconsumer report

ConclusionConclusion

legislation should be the way to ensure that legislation should be the way to ensure that contracts are clear, complete and known to the contracts are clear, complete and known to the passengerspassengers

achieving the right balance in contractual achieving the right balance in contractual condition is a key element of consumer protectioncondition is a key element of consumer protection

the proposed legislation should enable delayed the proposed legislation should enable delayed passengers to continue their journeyspassengers to continue their journeys

voluntary commitments are of utmost importance voluntary commitments are of utmost importance for improvement of service quality, care, simpler for improvement of service quality, care, simpler procedure and mechanism for settling disputesprocedure and mechanism for settling disputes

while protecting passengers over-regulation while protecting passengers over-regulation should be avoided to leave a sufficient space as should be avoided to leave a sufficient space as not to hamper the competitionnot to hamper the competition