Brussels, 08/01/2002 (Agence Europe) - The European Commission has adopted a draft regulation to protect the rights of air passengers facing denied boarding due to overbooking, cancellation of their flight or long delays. Despite the "moratorium" on the proposal demanded by airlines following the crisis that has hit air travel since the attacks of 11 September, the Commission decided to adopt the regulation after consulting the December Transport Council.
The regulation will replace a 1998 proposal withdrawn by the Commission following opposition in the Council. The new regulation aims to discourage overbooking, which hits around 250,000 passengers a year in the EU, explains the Commission in a press release.
The regulation would cover all types of flights, both scheduled and charter as opposed to current legislation that only covers scheduled flights, "about half the market" according to the Commission. Based on a system used in the United States, the regulation would compel airlines and tour operators to call for volunteers to surrender their seats in exchange for advantages agreed with the company. Only if insufficient volunteers came forward would they be allowed to refuse to allow passengers to board, in which case they would have to pay compensation at a level four times higher than at present - EUR 750 for flights of under 3500 km (as opposed to EUR 150 at present) and EUR 1500 for flights of over 3500 km (as opposed to EUR 300). Volunteers would still be able to chose between an alternative flight and reimbursement of their ticket and airlines would have to provide refreshments, meals and accommodation for them while waiting for another flight.
The same compensation conditions would apply when an airline cancels a flight and passengers do not surrender their reservations. In addition, in the event of serious delay, airlines must offer passengers the choice of an alternative flight as soon as possible or reimbursement of their ticket.
The Commission includes an obligation on airlines to care for passengers with special needs who cannot be refused boarding. This was also part of the voluntary code of conduct that European airlines were due to adopt by the end of last year.