Airport, EU – Baltic States, Legislation, Railways, Tourism, Transport

In addressing travelers’ rights, the Commission first of all looked at the rail passengers’ rights. The Commission has adopted interpretative guidelines clarifying the existing rules.

EU Commissioner for Transport Violeta Bulc underlined that European transport was both about infrastructure, tracks, trains and trucks as well as about the people.

She added that the EU had become the first region in the world where passengers have guaranteed rights across all forms of transportation.

The Commissioner was calling on all EU-28 states to ensure that EU legislation is correctly applied: she added that the Commission would not accept the lack of enforcement, which could jeopardise this achievement.

The guidelines for rail passengers adopted on 3^rd of July 2015 would provide some assistance. Besides, she expressed hope that the discussions in the Council on a new Regulation in the air sector could adequately forward, for the benefit of EU citizens.

Enforcement of rail passenger rights

The guidelines adopted in Brussels (3 July 2015) addressed the rail transport industry and national authorities seeking to clarify and strengthen the application and enforcement of rail passenger rights in the European Union. In particular, an assessment of the implementation of the Regulation and of the relevant case law of the European Court of Justice (ECJ) pointed at a need to clarify the following points:

1.                  Information: All actors need to make information about travel, tariffs and tickets available to passengers, including in alternative formats for persons with disabilities.

2.                  Delays, cancellations and missed connections: Passengers holding separate tickets under a single contract have equal rights as passengers with a single ticket.

3.                  Rights of persons with disabilities or reduced mobility: Rail companies cannot ask for medical certificates as a precondition to sell a ticket, to allow these persons to use rail services or to justify their need for assistance.

4.                  Complaint handling, enforcement and cooperation between national authorities: Railway companies and national authorities have to set up adequate complaint handling mechanisms. Railway companies have to reply to complainants within strict timeframes.

Regarding the air sector, in 2013 the Commission proposed to amend the current Regulation on air passenger rights.

The legislative procedure in the European Parliament and Council is ongoing. Existing rights have nevertheless already been further developed and strengthened by the case-law of the ECJ. The Commission has therefore decided to make available a summary of the most relevant judgments on air passenger rights and of their practical implications on its web page. They include compensation for delays, compensation for missed connecting flights or precisions to the notion of "extraordinary circumstances" under which airlines can be exempted from paying the compensation.

Reference: European Commission, Press release IP-15-5299 “Commission calls for stricter enforcement of passenger rights legislation in Europe”, Brussels. 3 July 2015. In:

http://europa.eu/rapid/press-release_IP-15-5299_en.htm?locale=en

Air passenger rights

Firstly, when buying a ticket you may not be charged a higher price for a ticket because of your nationality or where you are buying the ticket from.

Secondly, you also have rights in case things go wrong: this concerns delays, cancellations and overbooking that prevent you from boarding; it applies if you are:

·                     departing from any airport situated in the EU, or

·                     arriving in the EU with an EU carrier or one from Iceland, Norway or Switzerland.

If you are denied boarding or your flight is cancelled or overbooked, you are entitled to either:

·                     transport to your final destination using comparable alternative means, or

·                     having your ticket refunded and, where relevant, being returned free of charge to your initial departure point.

Long delays - if your flight is delayed by 5 hours or more, you are also entitled to a refund (But if you accept a refund, the airline does not have to provide any further onward travel or assistance).

Your airline must inform you about your rights and the reason for being denied boarding, or any cancellations or long delays (over 2 hours, although this may be up to 4 hours for flights in excess of 3500 Km).

You may also be entitled to refreshments, meals, communications (such as a free phone call), and, if necessary, overnight stay, depending on the flight distance and length of delay.

In addition, if you are denied boarding, your flight is cancelled or arrives more than 3 hours late on arrival at the final destination stated on your ticket, you may be entitled to compensation of €250 - 600, depending on the distance of the flight:

Within the EU: 1,500 km or less - €250; over 1,500 km - €400.

Between EU airport and non-EU airport: 1,500 km or less - €250; from 1,500 to 3,500 km - €400; over 3,500 km - €600.

If the carrier offered you an alternative flight with a similar schedule, the compensation may be reduced by 50%.

With cancelled flights, you won't receive compensation if:

·                     the cancellation was due to extraordinary circumstances for example due to bad weather, or

·                     you were informed 2 weeks before the scheduled flight date, or

·                     you were offered an alternative for the same route with a similar schedule to the original one.

For cancellation due to extraordinary circumstances you may not have the right to compensation, the carrier must still offer you either:

·                     a ticket refund (in full or just the part you have not used)

·                     alternative transport to your final destination at the earliest opportunity or

·                     rebooking at a later date of your choice (subject to seat availability).

Even in extraordinary circumstances, airlines must provide assistance when necessary, while you are waiting for alternative transport.

How to get a refund or compensation

Submit an air passenger rights EU complaint form to your airline - and make sure you keep a copy for yourself.

If this doesn't work, or you aren't satisfied with the reply, you can complain to the national enforcement body in the EU country where the incident took place.

Or, if the incident happened at an airport of departure outside the EU but involved an EU airline, you can send a complaint to the relevant national enforcement body in the EU country you were travelling to.

Lost or damaged registered luggage

Checked-in luggage. If your registered luggage is lost, damaged or delayed, you may be entitled to compensation from the airline, up to about €1,220. Exception - if damage is caused by an inherent defect in the baggage itself.

Hand baggage (including personal items). The carrier is liable if it was responsible for the damage. Make sure to file your claim within 7 days of receiving your luggage (or 21 days if your luggage was delayed). If you wish to pursue other legal action, you must do so within 2 years of the date your luggage arrives.

If you are travelling with expensive items, you might be able - for a fee - to obtain a compensation limit higher than €1,223 by making a special advance declaration to the airline - at the latest when you check in (though the best thing is really to take out private travel insurance).

There is no standard form for the special declaration; it is up to the airlines to choose the type of form they provide.

Booking online - clear pricing

When you book a flight online, the total price of the ticket - including all compulsory elements such as taxes and charges - must be visible from the start, so you can compare prices across airlines and make an informed choice.

As well as the final price, at least the following information must be clearly displayed: air fare, taxes, airport charges, other charges, surcharges or fees (such as for security or fuel).

Any optional supplements must be clearly indicated and suggested on an opt-in basis only.

Complain to the national enforcement body in your country of residence in the EU.

Reference: Commission website at:  

Rail passenger rights

When buying a rail ticket, you may not be charged a higher price because of your nationality or where you are buying the ticket from.

Your rights as a railway passenger generally apply to all rail journeys and services within the EU. In this case, the 28 EU member states, apart from Malta and Cyprus, + Norway

European countries can decide whether or not these rights also apply to domestic trains (urban, suburban, regional, etc.) and international trains that start or finish their journey outside the EU.

If your train is cancelled or delayed, you always have the right to adequate information about what is happening while you are waiting.

If you are told you will arrive at your final destination with a delay of at least 1 hour, you are entitled to:

·                     cancel your travel plans and request an immediate refund of the cost of your ticket (sometimes in full, sometimes only for the part of the journey not made.)

You may also be entitled to a return journey to your initial departure point, if the delay stops you from fulfilling the purpose of your trip, or

·                     be transported to your final destination at the earliest opportunity (or a later date of your choosing). This includes alternative transport when the train is blocked and the service is suspended.

·                     meals and refreshments (proportionate to the waiting time)

·                     accommodation – if you have to stay overnight.

If you decide to continue your journey as planned or to accept alternative transport to your destination, you may be entitled to compensation of:

·                     25% of the ticket fare, if the train is between 1 and 2 hours late.

·                     50% of the fare, if the train is more than 2 hours late.

You will not receive compensation if:

·                     you were informed of a delay before you bought your ticket

If you think your rights have not been respected, you can complain to the railway company, which must reply within 1 month.

If you are not satisfied with their reply, you can contact the national enforcement body in your country.

If your registered luggage is lost or damaged during your trip, you have a right to compensation, unless it was inadequately packed, unfit for transport or had a special nature.

Compensation amounts

·                     Up to €1,300 per piece of registered luggage – if you can prove the value of its contents.

·                     €330 per piece if you can't prove the value.

If a passenger is killed or injured in a train accident, they (or their dependants) are entitled to compensation for lost or damaged hand luggage (registered or not) up to a maximum of €1,500.

If a passenger is injured or killed in a train accident, they (or their dependants) are entitled to compensation, with an advance payment within 15 days of the accident to cover their (or their dependants') immediate needs.

In the event of death, this advance payment is at least €21,000 per person.

Rail passenger rights: interpretative guidelines

The European Commission published a set of interpretative guidelines on Regulation 1371/2007 on rail passenger rights (3.07.2015).  The Community of European Railway and Infrastructure Companies (CER) welcomes the Commission’s efforts to support the railways’ comprehensive customer care culture. It is however essential that the sector’s well-established practices in handling claims and implementing the Regulation are recognised and adequately reflected in the guidelines.

The Regulation on rail passenger rights has now been in force for more than five years and the railways are delivering, as recognized by both the independent consultancy and the Commission’s own implementation report.

See: Report on the Application of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on Rail Passengers' Rights and Obligations, COM(2013)587 FINAL, 14 August 2013 

In this context, CER will take a careful look at the guidelines, as usual in close cooperation with passengers’ associations and National Enforcement Bodies (NEBs). It is crucial to ensure there are no changes in the interpretation of the Regulation leading to legal uncertainty that might prevent the sector from continuing on the right track.

Customer protection remains first and foremost a unilateral industry commitment and the rail sector is fully committed to promoting passengers’ rights and a harmonised implementation of the EU legislation. CER appreciates the confirmation in the interpretative guidelines of the Commission’s intention to reintroduce the force majeure principle in the Regulation, acknowledging that some situations are beyond railways’ control despite their best efforts. This is of key importance for leveling the playing field for rail transport in comparison to other transport modes.

CER Executive Director Libor Lochman underlined that passengers’ needs were core to the railways’ priorities. CER therefore welcomed the publication of the interpretative guidelines as a means to further facilitate and improve the implementation of the Regulation and to promote best practices. CER will continue engaging with EU institutions and stakeholders to promote solutions for an ever-improved delivery of efficient services and of comprehensive customer care practices, he added.