The
European Low Fares Airline Association (ELFAA) has welcomed the
European Commission’s decision to clarify the rules governing air
passenger rights. Successive interpretations by the courts of the
poorly-worded existing Regulation 261/2004 have progressively eroded
any balance between detriment to the minority of
consumers,
affected by flight irregularities, and the burden on airlines, which
necessarily results in increased air fares for all passengers. An
important improvement is the further clarification of the concept of
extraordinary circumstances.
While the
Commission’s proposal seeks to go some way to restoring this vital
balance, it falls short of establishing the level playing field,
advocated in the Commission’s own Explanatory
Memorandum
of “ensuring that air carriers operate under harmonised conditions
in a liberalized market”.
To achieve
this vital goal ELFAA recommends the proposal be modified to ensure
that financial compensation, where payable, is proportionate to the
fare paid, as with other transport modes.
ELFAA also
believes there should be further alignment between the EU Regulations
covering other transport modes by, for example, removing the
obligation to provide hotel accommodation for disrupted domestic
flights.
While
airlines should be required to arrange care for passengers, affected
by disruption, the revised Regulation itself should grant airlines
the explicit right of recovery from third parties,
responsible
for the disruption e.g striking Air Traffic controllers or airports,
insufficiently prepared for winter weather.
John
Hanlon, Secretary General of ELFAA summarised: “The Commission’s
proposal is a step in the right direction but there is more to be
done to remove the disparities between EC Regulations covering air
transport and other modes, with which air transport competes.”