EU Passenger Rights at Risk, Say Consumer Groups

Europe

Big changes might be coming to air travel in Europe—and not in a good way, according to consumer protection groups. This summer, the European Union could change the rules about flight compensation, making it harder for passengers to get money back when their flights are delayed, reported by Jonathan Scheucher in ORF .

From Three to Five Hours Delay for Compensation
Right now, if your flight is delayed by three hours or more, you may be owed compensation. But under the new plan, you’d only get money if your delay is five hours or more. That means two out of three passengers wouldn’t get anything at all, says the Austrian Chamber of Labour (AK).

How We Got Here
Before 2005, air passengers in the EU only got money back if they were denied boarding. That changed when the EU introduced the Flight Compensation Regulation. Consumer groups across Europe fought hard for this law, which has been a major win for travelers. For 20 years now, passengers have had the right to compensation not just for being denied boarding, but also for delays, flight cancellations, and overbooking. Depending on how far you fly, the payments range from €250 to €600.

According to Gernot Fieber from the AK in Upper Austria, this law has been a big success and has helped many people get fair treatment when flights go wrong.

What the EU Is Planning Now
But this success may soon be weakened. The EU is thinking about changing the rules to favor airlines. The AK believes this is due to pressure from the airline industry.

Under the new plan, delays would need to be much longer before compensation is owed:

  • For flights under 3,500 km, delays must be at least five hours.
  • For flights between 3,500 and 6,000 km, nine hours.
  • For long-haul flights over 6,000 km, you’d need a twelve-hour delay to get paid.

Since most delays are between two and four hours, this would mean that millions of passengers would no longer qualify for compensation.

Extra Costs Wouldn’t Be Covered
The new rules would also leave travelers to cover extra costs on their own. Imagine you fly to the U.S. or Asia and are delayed by ten hours. You might miss your rental car pickup or hotel check-in. If you booked those on your own, you’d lose the money—and the new rules wouldn’t help you.

Consumer Advocates Want Better, Not Worse Rules
Fieber says it looks like the EU is choosing to help airlines rather than passengers. Instead, he believes that the rules should be made stronger. Right now, the law says airlines must pay compensation even if they are not at fault. But many airlines still refuse to pay. The AK often has to go to court to get travelers their money.

Since 2021, the AK has handled about 1,400 cases and recovered over €1 million. Another 2,000 cases brought in €1.4 million in compensation that airlines had refused to pay. Often, they claimed “extraordinary circumstances” like weather or strikes—things they say they can’t control.

Compensation Amounts Should Be Updated Too
Also, the AK says the amount of compensation should be raised. The payment amounts have stayed the same since 2005. If the €600 for long flights was adjusted for inflation, it would be more than €1,000 today.

New Ideas to Protect Travelers
To protect travelers better, the AK suggests that airlines should be forced to insure their tickets. That way, if an airline goes bankrupt, passengers don’t lose the money they already paid. Another idea: don’t pay for your ticket until the day you fly.

Fieber also says it should be easier to contact airlines. They should have to provide an address, email, and phone number. Right now, many airlines are hard to reach when things go wrong.

Talks Are Still Ongoing
The EU is still negotiating the final version of the new law in Brussels. Fieber hopes that these changes won’t go through in their current form.

“The hope dies last,” he says. “We hope the reasonable voices will win, and that passengers won’t lose their rights.”