State Secretary calls for widening of European Passenger Rights Regulations

State Secretary calls for widening of European Passenger Rights Regulations
Charleroi airport after two days of strike actions of safety personnel. Credit: James Arthur Gekiere.

After three days of security personnel union strike action, trade unions and the management of Charleroi Airport have reached an agreement. In response, State Secretary for Consumer Protection Eva De Bleeker has called for a 'wider scope' in the European Passenger Rights Regulations.

Passenger rights in Europe are governed by the European Passenger Rights Regulation which stipulates that when flights are cancelled by the airline, passengers are entitled not only to a refund or an alternative flight but also to compensation.

However, if the airline can prove a situation of force majeure, compensation does not have to be paid. This is what happened as a result of the strike at Charleroi Airport this week.

The flights on Monday and Tuesday were not cancelled by the airlines, passengers were physically unable to get to the departure gates because security personnel were on strike.

As long as the flight is not cancelled, no refund or alternative flight can be requested from the airline on the basis of that European regulation. However, several airlines have agreed in this case to offer alternative flights or refunds to affected passengers.

Those who had flights on Wednesday are in a different position as the airport closed and all planes were consequently cancelled, entitling these passengers to compensation.

Widen the scope for passenger rights

State Secretary for Consumer Protection Eva De Bleeker said in a press release that she regrets that there are many travellers who will be denied both a refund or alternative flight and compensation.

De Bleeker calls on Charleroi Airport to still seek compensation for their passengers by pointing to the example of Schiphol Airport which is working out a compensation scheme for passengers who were affected by similar circumstances.

However, airports are not obliged to do so because it falls outside the scope of the European Passenger rights regulation. According to De Bleeker, this should change in the future and the scope should be widened to include multiple actors in and around the airport, which the state secretary is going to advocate for in Europe.

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This adjustment could require airports and other companies to compensate passengers when they miss their flights due to actions of the organisations.

"The scenes of stranded passengers were distressing and not to be repeated," De Bleeker urged. "Passengers risk losing everything here. We have to avoid that in the future by better regulation. I am going to plead with Europe to review the passenger rights regulation in that sense."


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