As the Covid-19 pandemic demonstrated the gaps in the European Union's legislation on protecting passengers against cancellations, the Commission on Wednesday adopted a series of proposals to strengthen their rights.
The new rules – which include clarifications about reimbursement after cancellations, smoother journeys when using different providers and protection of package travellers – are building on lessons learned during the pandemic but also the bankruptcy of the travel group Thomas Cook in 2019, which had a major impact both on passengers and on the travel market.
"The outbreak of the Covid-19 pandemic shook up the travel industry and reminded everyone of the importance of guaranteeing strong consumer rights at all times," said Commissioner for Justice Didier Reynders.
Closing the gaps
"During the pandemic, consumers faced mass cancellations or struggles as regards refunds from tour operators and travel agencies for cancelled packages," he added. "The new rules will provide more rights and clearer information for travellers when they book a package. There will be clear rules on vouchers. We will also make the right for a refund bulletproof. With this proposal, we see concrete solutions to concrete problems."
While the EU's passenger rights for those travelling by air, rail, ship or bus already was considered among the best in the world, there were still gaps and shortcomings in the implementation and enforcement of current rules.
For the first time, rules to protect passengers using different types of transport, such as buses, trains, and planes all in one trip will be made into law as well. People will get better information before and during these multimodal trips, including about minimum connecting times between different transport services.
Additionally, if they bought the multimodal journey under one transport contract, they will be entitled to assistance by the carrier in case of missed connections.
Special attention will also be paid to the needs of passengers with disabilities or reduced mobility: if they switch from one transport mode to another during their journey, they will be assisted at connecting points by carriers and terminal operators. This will be the case when they travel under a single contract of carriage, or when they travel through multimodal passenger hubs.
For airline travellers with disabilities or reduced mobility who need to be accompanied by someone because the passenger needs assistance to comply with aviation safety requirements (for example, to fasten the seatbelt), the airline will be obliged to transport the accompanying person for free and seat this person next to the passenger they are assisting if possible. This right already exists when travelling by rail, ship or bus/coach.
"I welcome the passenger rights package adopted today, which aims to better protect passengers against disruptions during a journey," said Maroš Šefčovič, Executive Vice-President for European Green deal, Interinstitutional Relations and Foresight.
Guaranteed refunds
"The new framework will notably provide for smoother journeys, especially those involving different travel services or transport modes, ensuring that passengers have access to the services and assistance they need and enhanced real-time information on delays and cancellations," he said.
"Incentivising multimodal journeys is all the more important as this type of travelling is more sustainable and efficient, leading to lower transport emissions and thereby contributing to our Green Deal objectives," added Šefčovič.
Passengers who booked package holidays will also be better protected as the obligations and responsibilities of organisers are made clearer. For example, refunds will have to be paid within 14 days, or down payments made by passengers may not be higher than 25% of the package price.
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Importantly, travellers who were offered a voucher will now also receive clear information that they may insist on a refund instead. Additionally, if those vouchers are not used before the end of their validity period, they will be refunded automatically. Vouchers and refund rights will also be protected in case the company goes bankrupt.
Additionally, an initiative to create a common European mobility data space (EMDS) has also been adapted. It will allow access to and sharing of real-time data, enabling the public to stay up-to-date with the transport situation and traffic conditions – allowing them to plan their journeys better.
"The EU has the strongest passenger rights frameworks in the world, but that does not mean that we should not do even better, learning from more than a decade of experience in this area," said Transport Commissioner Adina Vălean.
Still a long way to go
Although consumer rights organisation Test-Achats welcomed the intention to update passenger rights and ensure that they are better enforced, some of the proposals are not yet sufficient, they stressed.
Some key points are missing from the proposal, spokesperson Laura Clays said. "It contains nothing about the mandatory protection of airlines against insolvency, while we know that passengers lose hundreds of euros on average when a company goes bankrupt. Unfortunately, the option for passengers to cancel their tickets free of charge in times of crisis has also not been retained."
Additionally, despite ample evidence that transport companies are violating passenger rights, no new measures have been proposed to make it easier for passengers to exercise their rights, she stressed. While the introduction of a standardised compensation form for all modes of transport and stricter reporting obligations for transport companies to the authorities is welcomed, it is not enough.
With regard to multimodal travel, there are still too many loopholes: platforms will be able to protect themselves from any liability simply by stating in advance that they will deviate from the rules. For package holidays, Test-Achats is more optimistic, particularly regarding the limit on advances that may be requested, the Commission's efforts to clarify travel warnings in times of crisis and to create rules for refunds and vouchers.
