Compensation for the canceled flight. Changes in the regulations, different positions of offices

Last week, ministers of transport of EU member countries agreed on amendment passengers' rights. One of the changes assumes that Compensation will be available from four or six hours of delay instead of the previous three.

When asked about a comment on changes, a spokesman for passengers at the President of the Civil Aviation Office Renata Piwowarska assessed the agreed changes positively, also paying attention to a number of amenities, which – as she said – strengthen the rights of passengers.

– Changes in Regulation 261/2004 were necessary because they were not updated for 21 years and the air market has changed significantly during this time. Compromisial solutions developed by EU Member States primarily organize and simplify the regulations, which have previously been based mainly on the case -law of the Court of Justice of the EU, and also strengthen the protection of passengers in many key areas – she said in the commentary.

As she explained, the provision granting the passenger the right to compensation after a 3-hour delay of the flight is not directly in the provisions of the above-mentioned regulation, and results from the case-law CJUE.

In the opinion of the Ombudsman for Passenger Rights, Compensation “is not what the passenger depends on the most”and the key thing for him is reaching the destination in the shortest possible time.

– In the event of the circumstances delaying the flight, too short time for the carrier's reaction often prompts him to completely cancel the flights, because there is not enough time to take remedial – said Piwowarska. As she pointed outnew regulations are to give more time to “find solutions”e.g. substitution of another aircraft or redirecting passengers to another flight. In her opinion, this will increase the chance that the passenger – though with a delay – will reach his destination.

At the same time, she pointed out that another of the agreed changes should be the right (passenger) to full information on delay. As she explained, at the written request, the carrier will have to transfer the plaintiff to the traveler's plaintiff or cancel the flight. This obligation is also to apply to intermediaries, e.g. travel agencies and booking platforms.

She reminded that EU countries have also agreed Introduction of the obligation to ensure, among others Passengers of drinks every two hours and meals – initially after three hours, and then every five hours of delay. In addition, carriers are to be obliged to offer travelers to transport with other connections, including competitive lines flights.

In addition, if the carrier does not provide alternative transport, the passenger will have the right to find a connection and receive a refund for not up to 400 percent. Prices of the original ticket. The new regulations are also to organize the rules on delays when passengers are already on board the aircraft and Enter free error correction in the passenger name up to 48 hours before departure.

– Changes in the regulations are aimed at better protection and comfort of passengers. The key emphasis was placed on ensuring actual reaching the destination, improvement of communication and access to information, as well as guaranteeing real care in situations of flight interference – said Piwowarska.

As the spokeswoman for the Civil Aviation Office Marta Chylińska, ULC took part in consulting agreed changes.

He has a different opinion on the established changes Office of Competition and Consumer Protection. The UOKiK press office announced that the content of this agreement was not consulted with the office, and the President of UOKiK “does not support the proposed solutions” and such a position gave the office of the Prime Minister. The office clarified that this position was sent to the Chancellery of the Prime Minister on June 4, but so far it was not responded.

“The political agreement project reduces the current level of passenger protection” – assessed UOKiK. The office pointed out that the anticipated changes not only provide for raising the delay threshold from the current three hours, but also differentiates the principles of acquiring the right to compensation, depending on the length of the route.” Considering that this solution will lead to the deprivation of passengers' rights, who are currently entitled to compensation, and the lack of clear justification for reducing the achieved level of protection, the termination of this level is officially contradicted. Member States ” – the office also pointed out.

He added that the lack of support for proposals at the EU Council forum is expressed, among others rule Spain and Germanand the criticism of proposals is also presented by the largest consumer organizations, including One of the largest European consumer organizations – Beuc (European Consumer Organization – ed.) and European Consumer Centers.

UOKiK explained that according to Beuc, The solutions will deprive the right to compensation, most passengerswhich is currently the right to have. This is due to the fact that currently in the EU most flights that do not reach on time have delays of two and four hours.

“UOKiK also sees the risk in how the new provisions are constructed to refuse to take on board. They can encourage carriers to offer consumers worse conditions in the event of an overbooking (a situation when the airline has sold more tickets than there are places on the plane – ed.) admission of the possibility for the consumer to renounce the right to compensation and the lack of minimum conditions that an alternative offer for compensation must meet, “the office noted.

He also assessed that the project of changes also introduced “unfavorable restrictions on the right to compensation and reimbursement of care costs when canceling the flight.” It is about shortening half the deadline for submitting an application for compensation, which – as the office pointed out – makes it “one of the shortest terms for limitation in consumer law”. He added that the project also assumes deadlines for carriers to perform activities, but does not specify any sanctions for non -compliance. According to the office, this raises doubts about the “real, practical effectiveness” of these records.

According to the proposed changes, they will appear two time thresholds in the field of flight delays – depending on their length. The four -hour threshold will apply to travel below 3.5 thousand. km and all flights inside the Union, while the threshold of six hours – for flights over 3.5 thousand km.

According to the information on the website of the Passenger Ombudsman, according to current regulations, passengers of delayed flights who reached the destination at least three hours after time have the right to compensation in the amount of EUR 250 for all flights up to 1500 km; 400 euros for all flights within the EU longer than 1500 km and all other flights from 1500 km to 3500 km and 600 euros for all other flights. However, the right to compensation is not entitled when the carrier may prove that the flight delay is caused by “the existence of extraordinary circumstances that could not be avoided despite taking all rational measures.”

She proposed changes in passengers' rights European Commission In 2013, however, the Member States were not able to reach an agreement and the legislative procedure was stuck in the EU Council for over a decade. The problem was especially the issue of extending the time of travel delay, after which passengers are entitled to compensation. Currently, passengers should be compensated after three hours, while the EC proposed that this period would be extended to five hours.

The compromise was proposed by the Polish presidency, for which bringing work in the EU Council in this matter was a priority. Now the presidency will be able to agree on the final shape of the regulations with the European Parliament.