A matter of fair play: Canada and European Union expand protection of air travellers’ rights

Courtesy LaPresse

Flight delays and cancellations may be said to be part and parcel of air travel given that they are happening more often than not.

Take a typical day as 5 August, 2019: According to Cirium, there were 22,386 delays and 1,107 cancellations globally, of which 29 per cent of the combined total occurred in the United States, 26 per cent in Europe, and 34 per cent in Asia Pacific.

But what recourse do affected travellers have in the event that they are inconvenienced?

While the International Civil Aviation Organization (ICAO) recognizes the vulnerability of passengers and supports “due attention… (which) could include rerouting, refund, care and/or compensation”, the agency stops short of spelling out specifically what the entitlements could amount to. Similarly, the International Air Transport Association in voicing support for ICAO’s stand is concerned how the airlines may be adversely affected, seeking “an appropriate balance between protection of consumers and industry competitiveness.”

In the Untied States, for example, there are no federal regulations requiring airlines to compensate passengers when flights are delayed or cancelled, unless they are bumped off a flight due to an overbooking situation. Strictly applied, airlines are not obliged to put you on another airline’s flight.

So too around much of the world, many governments do not legislate on the matter. Different airlines have different policies to handle such situations, but it has always been arguable as to what constitutes fair compensation. And travellers who have been left high and dry are often impotent seeking redress, resigned to the mercy of the airlines.

What air travellers need is an authoritative voice to decide on fair play There is hope however if more regulators will follow in the footsteps of their counterparts in Canada and the European Union which have in recent weeks expanded legislation to protect passengers’ rights.

Canada

The Air Passenger Protection Regulations introduced by the Canada Transportation Agency require airlines affected by flight disruptions to meet certain obligations which will apply to all flights to, from and within Canada, including connecting flights.

Passengers whose flights are delayed or cancelled will be compensated up to C$1,000 (US$756) in accordance with the size of the airline and length of the disruption. Large airlines will pay out more than small airlines: C$400 and C$125 respectively for delays between three and six hours, C$700 and C$250 for delays between six and nine hours, and C$500 and C$1,000 for delays nine hours or more.

Non-complying airlines may be fined up to C$25,000 for non-compliance.

The regulations also cover other obligations such as clear communication and updates, reasonable food catering, the need for ventilation if passengers are stuck on the tarmac, allowing passengers to leave the aircraft if the delays exceed three hours, re-booking and refund. Passengers may be compensated up to C$2,100 for lost luggage and up to C$2,400 if bumped from a flight.

Not surprisingly, the airlines – supported by the International Air Transport Association (IATA) – are saying the rules go too far. Advocates of passenger rights on the other hand say they do not go far enough. But it nevertheless is a step forward.

Europe

The European Union’s regulations have been expanded to include connections even if they are operated by non-EU airlines.

The new regulation states: “In the case of flights with one or more connections that are subject to a single reservation, an operating air carrier that has performed the first flight cannot take refuge behind a claim that the performance of a subsequent flight operated by another air carrier was imperfect.”

The operating carrier will also have to offer passengers alternative transport for the disrupted flight, in addition to compensating them with an amount ranging from US$290 to US$700.

The European Union has been a prominent pusher to protect passengers’ rights. Considering its history of disruptions caused by industrial action by airline and airport staff, this is a welcome move to air travellers.

However, many travellers may be discouraged by the cumbersome claims procedure which may involve a cut by an agency handling the claim on their behalf if they choose to go through a third party, and by the long settlement time of a claim. Still, it is another step forward.

One wonders, if a non-EU airline agrees to abide by the EU regulations for its flights operating into and out of Europe, is there a good chance it would be as amenable to similarly apply fair treatment to its customers outside the region, particularly at its home base?

About Dingzi
Writer by passion, with professional expertise in aviation, customer service and creative writing. Aviation veteran with more than 30 years' experience, columnist, pubished author of fiction, poetry, plays and travel stories, editor and management consultant. Nature lover who abhors cruelty of any form to animals, and a tireless traveler.

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