EC is currently discussing flight delay compensation rules under EU261 and the changes proposed could increase the delay threshold for compensation
The European Union has long boasted of one of the strongest regulations covering the rights of air passengers, with the world’s highest compensation rates for a variety of failures of the airlines, ranging from overbooked flights and delayed flights to misplaced baggage.
However, the European Commission, which has been assailed by airlines and aviation associations of being too harsh, is now said to be considering a dilution of these rules, especially in terms of delays. Reports suggest that the EC is currently discussing flight delay compensation rules under EU261 and the changes proposed could increase the delay threshold for compensation.
European air travellers currently benefit from some of the strongest consumer protections worldwide, thanks to the EU261 regulation, which has been in effect since 2005. This rule mandates compensation and assistance for passengers when their travel plans are disrupted. The proposed changes might alter the required delay time before compensation kicks in. Presently, passengers are eligible for compensation when they arrive at their destination three hours later than scheduled. Under the new proposal, spearheaded by Poland during its presidency of the Council of the European Union, this threshold could be extended to at least five hours.
EU261 is a European Union regulation that establishes the rights of air passengers in cases of flight delays, cancellations, and denied boarding. It ensures passengers are entitled to compensation, assistance, and reimbursement when their travel plans go wrong.
EU261 applies to any flight departing from an EU airport, regardless of the airline’s nationality, and flights arriving at EU airports if they are operated by an EU airline. It does not cover flights heading to Europe on non-EU airlines, or non-European flights that have a layover in Europe.
The regulation covers all member states plus Iceland, Norway and Switzerland. The United Kingdom has adopted the same criteria for compensation, with the law referred to as UK261.
Currently, passengers are entitled to compensation if they are delayed for more than three hours, if the flight is cancelled within 14 days of departure, and if they were denied boarding because the flight was overbooked.
Compensation is not payable for ‘extraordinary circumstances,’ which include extreme weather, air traffic control restrictions, strikes not involving the airline’s staff and political instability.
Reports suggest that the current discussions revolve around changes first proposed in 2013, which suggest implementing a structured compensation scheme based on the length of flight delays. The proposal includes extending the existing three-hour compensation threshold to five hours for short-haul flights, nine hours for medium-haul flights, and up to 12 hours for the longest flights.
"
