The Government of the Czech Republic has announced its intention to initiate a reform of air passenger rights pending its rotating Presidency of the Council of the EU. End of "unexpected air traffic control deficits" in airline "reason for waiver" amendment vague and unverifiable by passengers, advocates say of the consumer
The Czech draft of the reform also provides for changes in compensation for delays, so that European consumer organizations are beginning to present their complaints and warn of a "serious loss of rights" for passengers. The consumer advisory center of the German Federal Association warned against the weakening of flight conditions in the European Union.
This is a new chapter in the struggle of airlines to lower the rights of passengers. In 2013, the EU Commission considered, among other things, limiting the right to compensation for flights within the EU and for short international flights, of less than 3.500 kilometres, which had existed since 2004. Instead of setting compensation from the first three hours of delay, passenger claims could only be activated after five hours, as planned by the Commission. However, after a vote by the European Parliament, the initiative remained a dead letter because the member countries did not agree.
Fewer offsets
The airlines, however, have since continued to press for the modification of the corresponding passenger ordinance, not only trying to increase the delay slot but also trying to reduce compensation, which according to current European legislation is up to 600 euros from a delay of three hours.
"If it is finally implemented, compensation will be paid much less frequently," explained Gregor Kolbe, spokesman for the Federal Consumer Association (VZBV), "and there would also be no incentive for airlines to offer a plus service." Kolbe felt that "what is necessary and desirable are moves in the opposite direction, such as higher compensation in case of delays, longer reporting requirements or shorter activation periods," Kolbe said.
“The chaos at many airports gives rise to compensation rights,” said Philipp Kadelbach, Flightright's lawyer, who calculated that, compared to the previous year, the organization recorded a tenfold increase in passenger inquiries. "85% of those affected by flight delays do not know their rights and do not claim," he points out, but even so, the airlines have to reserve funds in their accounts to meet the demands.
Rights
Under the EU Passenger Rights Regulation 261/2004, many affected may be entitled to a ticket refund or compensation. The EU Air Passenger Rights Regulation applies to flights taking off or landing in the EU. In the second case, the airline must also be based in the EU.
If a view is cancelled, you can claim compensation if the aircraft has reported less than 14 days before the scheduled departure and the airline has itself caused the cancellation. If the visit is canceled for reasons beyond the control of the airline, those affected will be entitled to a replacement flight or a new reservation, or may claim the costs of the ticket, including additional costs for seat reservations or baggage. In this case you do not have to accept a voucher to exchange for other tickets if you do not consider it beneficial. If the cancellation occurs with little delay, if the plane takes responsibility and if it does not offer a replacement view to the affected party, you can demand compensation as well as the resending of the plane ticket.
The amount of compensation depends on the duration of the flight route. For short-haul flights (less than 1.500 kilometres), those affected are entitled to compensation of 250 euros per person, while for medium-haul flights (up to 3.500 kilometres), for example from Berlin to Mallorca, those affected will be entitled at 400 euros. For longer distances (more than 3.500 km), the possible compensation is up to €600.
In case of delays, the airline pays if it is responsible for them, and if they are more than three hours. If there are long waiting times at the airport due to delays, the airline must provide those affected with free drinks and snacks. This set of rules is especially difficult for low-cost companies to lift, which leads some of those responsible to doubt the viability of this business model. "I do not think that traveling by plane with an average fare of 40 euros is sustainable in the medium term," said Ryanair's CEO, Michael O, Leary, for example.
