The European Union Council has passed a change to the EC 261 passenger rights regulation, which would allow airlines to delay flights from up to 4 or even 6 hours without compensation, up from the current 3 hour threshold – a move which has been slammed by passenger rights groups.
This change means that 60% fewer delayed passengers will be eligible for compensation, drastically reducing the scope of protection available to air passengers across Europe, making European travellers less protected than regions around the EU.
AirHelp – the air passenger rights company – has called the move “a major setback for passenger rights” and said it fears that this regulatory change will have serious negative consequences for travellers. Passengers will now face more and longer delays before becoming eligible for compensation, it added.
AirHelp said: “The only rationale given for such a devastating setback to consumer rights is that it will help avoid cancellations. This is a nonsensical justification given that airlines must pay compensation for cancellations too, in addition to incurring additional costs relating to passenger care, passenger rerouting, and operational costs to reposition their aircraft.
“Additionally, rather than adjust compensation in line with inflation in the last 20 years since the regulation was introduced, the EU council opted to slash amounts for mid and long-haul flights. The maximum compensation available to passengers is now €500, with flights under €3,500 now capped at €300. That’s a significant reduction for many passengers compared to the current amounts of €250, €400, and €600 per passenger.
“At AirHelp, we are deeply concerned by this development, as this new change in regulation seriously undermines the rights and increases confusion among travellers across the European Union. This rollback on consumers’ right to compensation disruptions could be the most significant regression in the history of EU consumer protection.
AirHelp said EC 261 has long served as a global benchmark for passenger protection, ensuring fair compensation for delays, cancellations, and denied boarding caused by airlines. By weakening this regulation, the company added, the EU is “knowingly tipping the balance further in favour of airlines, leaving millions of passengers with fewer protections and limited avenues for redress.”
AirHelp’s Position
“AirHelp’s mission has always been to stand up for air passengers and ensure they receive fair treatment and their rights are respected. Therefore, we are disappointed by this decision and the message it sends to travellers across the EU and beyond.
“AirHelp stands resolute in its mission and will continue to advocate at both the EU and member state levels for fair and robust passenger rights. We will resume actively engaging with stakeholders, policymakers, and consumer rights groups to ensure that the voice of passengers are heard.
“AirHelp remains committed to providing the best possible support to air passengers, no matter the regulatory landscape. Our goal is – and always will be – to help travellers.”
Tomasz Pawliszyn, CEO of AirHelp, warned: “At AirHelp, we believe that the three-hour rule ensures adequate compensation for significant delays, promotes public confidence and makes air travel more reliable for millions of passengers. By raising the delay threshold and reducing compensation amounts the EU is eroding these long-standing protections and undermining one of their most recognized achievements in consumer policy and on top, introduces a massive confusion for travellers. Three hour allowed delays threshold is a world standard today. We therefore urge the European Parliament and Council to reconsider any proposals that weaken EC261 and instead work toward strengthening passenger protections in an era of increasing air travel and airlines profit.”
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