The Association of Airlines (ALA) stated this Friday that the European Union and the Member States have endorsed the sector's position after reaching a political agreement on the reform of passenger rights. The text maintains the thresholds and times for requesting compensation for delays and prevents surcharges from being levied on families and dependent persons for securing adjacent seats, although it renounces the right to guarantee boarding with hand luggage in the cabin at no additional cost.
"Although the final decision is pending ratification this coming Monday [...], the proposed text confirms that the European institutions have sided with the airlines, corroborating that it is perfectly legal to offer a cheaper fare to those passengers who only carry a piece of hand luggage, contrary to what was defended by the [Spanish] Ministry of Consumer Affairs, and for which it has imposed millionaire fines," ALA explained.
"The decision that the basic fare initially shown includes a service that not all passengers need, such as carrying a 'trolley' type hand luggage on board, in addition to being contrary to Community legislation which establishes that any optional supplement must not be included in the initially offered fare, but rather the customer must choose it [...] is likely to lead many consumers to end up paying for a service they do not need," it added.
The employers' association emphasizes that, according to its data, around 40% of users of the sanctioned companies do not travel with 'trolley' type hand luggage.
ALA's reaction comes after the common text agreed upon by the negotiators of the Council (governments) and the European Parliament became known, which details the reform approved in the conciliation committee representing the Twenty-Seven, the first step of the formal procedure that must ratify the agreement.
The support of the Twenty-Seven went ahead despite the negative vote of Spain and Latvia and the abstentions of Finland and Austria, according to official sources told Europa Press.
On Monday afternoon, it will be the turn of the European Parliament's conciliation committee, which will have to vote on the document and could reject it, although various European and parliamentary sources consulted by Europa Press consider the text to be solid, as it was jointly drafted by the teams of the two colegislators.
Compensation for delays and cancellations
Among the central elements of the reform is the maintenance of the current compensation thresholds for delays, cancellations, or denied boarding, which the Twenty-Seven tried to soften, and the confirmation that from three hours of delay the passenger will retain the right to claim.
The new regulation, which will apply twelve months after its adoption is completed, sets a compensation of 250 euros for flights delayed on routes of up to 1,500 kilometers, 400 euros for intra-EU flights or those between 1,500 and 3,500 kilometers, and 600 euros for the rest of the routes.
Hand luggage and price transparency
The text guarantees that passengers will be able to board without surcharge with a piece of hand luggage that fits under the seat, but the EU renounces enshrining the right to carry a cabin suitcase free of charge, despite the ruling of the Court of Justice of the EU (CJEU) that supported it.
In return, the agreement requires that the price shown to the customer include by default the cost of boarding with a cabin suitcase, in the interest of "transparency", allowing those who do not need this service to opt for a discount at the time of purchase.
Vouchers, name changes, and communication to the passenger
Other aspects of the text, according to negotiating sources, reinforce the protection of users when they accept a voucher as compensation instead of a refund, by making it clear that these vouchers cannot have an expiration date or onerous conditions.
Fees for administrative name changes or spelling errors are also prohibited, and airlines are required to send affected passengers by email all the necessary information to know their rights and the steps to follow to process the corresponding compensation.
Families and people with reduced mobility
Regarding families, the new framework establishes that companies will no longer be able to charge an extra fee to ensure that minors sit next to their parents. In addition, it must be guaranteed that strollers can be handed over at the aircraft's boarding gate and collected at the same point at the end of the flight.
Finally, people with reduced mobility who miss a flight due to not having received the necessary assistance to reach the boarding gate will also be entitled to claim compensation.