Air passenger rights: defining “extraordinary circumstances”
In March 2013, the EU Commission initiated a reform of the current air passenger rights. Its aim: to create legal certainty for customers and airlines and to take into account the interests of consumers and companies alike. This reform is long overdue.
According to the current EU Air Passenger Rights Regulation (EC No. 261/2004), passengers whose flights are canceled or severely delayed are entitled to a compensation payment of 250 to 600 euros under certain conditions. If there are “extraordinary circumstances”, such as severe weather or a medical emergency, there is no entitlement to compensation. The “extraordinary circumstances” are not defined more precisely, and the assessment often depends on the individual case. This creates uncertainty. For passengers, the complicated legal situation is almost impossible to understand. Airlines, on the other hand, lack clear criteria as to when they are obliged to pay compensation. For this reason, the regulation is one of the most controversial pieces of legislation, with over 200 cases before the European Court of Justice (ECJ). One thing is obvious: a clear definition of “extraordinary circumstances” is long overdue. The EU Commission's reform proposal points the way forward.
Compensation payments for strikes are disproportionate
The ECJ has obliged airlines to compensate passengers in the event of strikes under certain circumstances. This is a disproportionate decision that also undermines the autonomy of collective bargaining: the politically enforced compensation payments can easily add up to a three-digit million sum and force airlines to give in prematurely to trade union demands without fair negotiations. Politicians need to take corrective action here. Additional compensation payments in the event of strikes should be abolished.
Maintaining the practice of advance payment
In connection with the Air Passenger Rights Regulation, there are repeated discussions to abolish the practice of advance payment. Passengers and airlines benefit equally if the entire booking amount is paid before departure. Airlines have planning security and can utilize capacities in an economically and ecologically sensible way, while passengers receive early booking discounts. For example, an economy ticket from Frankfurt to Palma in April 2024 cost around 370 euros for the next day, compared to just 180 euros for a flight in six weeks. This price advantage for the customer far exceeds the supposed loss of interest, as the German Federal Court of Justice ruled in 2016.
Buying tickets early pays off
Data for example, determined on April 24, 2024
Consumer protection
Short-term repayment guaranteed
In the event of denied boarding, cancellations or delays of at least five hours, passengers can have their ticket costs refunded. Except for very few cases of missing customer data or fraud checks, Lufthansa fully complies with the prescribed refund period of seven days.
Benefits
Prepayment in aviation
