Air Passengers Rights
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1 Air Passengers Rights European Parliament Brussels, 19 June 2012 Monique De Smet, Director EU Affairs
2 «SHARED» PRINCIPLES Smart instead of over-regulation Passenger information is key No compromise with safety Passenger rights should be fair and reasonable Passengers should be treated equally, whatever the transport mode chosen Legislation should be clear and unambiguous 2
3 «SHARED» PRINCIPLES Smart instead of over-regulation Passenger information is key No compromise with safety Passenger rights should be fair and reasonable Passengers should be treated equally, whatever the transport mode chosen Legislation should be clear and unambiguous 3
4 SHARED PRINCIPLES and REG.261 Legislation should not prevent airlines from being innovative in their commercial offer (danger of over-regulation) Liberalisation has created competing business models Legislation should provide a «minimum common denominator» Competition should cater for additional rights Examples of commercial decisions: modalities of flight re-scheduling assistance to passengers in case of baggage delays sequential and complete use of flight coupons non-transferability of tickets 4
5 Views on draft report No need to regulate bankruptcy: would contradict better regulation principle Reporting obligation: perverse effect between hub carriers and point to point carriers (cf. AEA experience)
6 «SHARED» PRINCIPLES Smart instead of over-regulation Passenger information is key No compromise with safety Passenger rights should be fair and reasonable Passengers should be treated equally, whatever the transport mode chosen Legislation should be clear and unambiguous 6
7 SHARED PRINCIPLES and REG.261 Passengers should be correctly informed of their legal and contractual rights : avoid raising expectations Passenger s first right = correct information Half unfounded complaints received by NEBs (cf. PWC study ) Cfr. two Ombudsman s decisions (for maladministration) 7
8 Views on draft report We support EC continued info campaigns We support the idea of info help desks
9 «SHARED» PRINCIPLES Smart instead of over-regulation Passenger information is key No compromise with safety Passenger rights should be fair and reasonable Passengers should be treated equally, whatever the transport mode chosen Legislation should be clear and unambiguous 9
10 SHARED PRINCIPLES and REG.261 Airlines do not compromise between safety and passenger rights protection and should never be put in this situation! Wallentin: excludes most technical problems from the scope of extraordinary circumstances Sturgeon: compensation for delay (often generated by technical problem) 10
11 Views on draft report IATA s priority nr 1 is safety and we support the call on carriers in the report to give it utmost attention.
12 «SHARED» PRINCIPLES Smart instead of over-regulation Passenger information is key No compromise with safety Passenger rights should be fair and reasonable Passengers should be treated equally, whatever the transport mode chosen Legislation should be clear and unambiguous 12
13 SHARED PRINCIPLES and REG.261 Passenger rights should be fair and reasonable in their cost to airlines: worrisome 2012 results! in their application to circumstances within the airlines control in what can be supplied in the possibility of redress 13
14 Views on draft report IATA supports the views of the rapporteur on the need to clarify the extraordinary circumstances on the application and enforcement of price transparency on the application and enforcement of legislation against unfair commercial practices.
15 «SHARED» PRINCIPLES Smart instead of over-regulation Passenger information is key No compromise with safety Passenger rights should be fair and reasonable Passengers should be treated equally, whatever the transport mode chosen Legislation should be clear and unambiguous 15
16 SHARED PRINCIPLES and REG.261 Passengers should be treated equally, whatever the transport mode chosen Equal treatment = not identical but comparable rights Examples: Limitation of care and assistance in extraodinary circumstances Assistance provided if it can be supplied But: specificity of aviation = Montreal Convention (compensation for delay damage) 16
17 Views on draft report IATA supports the views of the rapporteur on the need to clarify the extraordinary circumstances on the fact that each mode of transport has its own specificity and that one single legislation could not be applicable.
18 Passenger Rights in the EU Aviation Shipping Railway Bus Open-ended duty of Care for Cancellation and delay Compensation for Denied Boarding Compensation for Downgrade Compensation for Delays Linked to price of ticket Compensation for Cancellation Choice of re-routing June 2012
19 «SHARED» PRINCIPLES Smart instead of over-regulation Passenger information is key No compromise with safety Passenger rights should be fair and reasonable Passengers should be treated equally, whatever the transport mode chosen Legislation should be clear and unambiguous 19
20 SHARED PRINCIPLES and REG.261 Legislation should be clear and unambiguous Huge number of ECJ cases Q&As document ECJ interpretations: additional problems (ex: Sturgeon and interlining??sturgeon and reactionary delays??) Clarify right of redress 20
21 Views on draft report IATA supports the views of the rapporteur on the need to clarify the extraordinary circumstances
22 Thank you! Monique De Smet 22
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