EU unveils new air passenger rights

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BBC News - EU unveils new air passenger rights

New rights for airline passengers have been unveiled by the European Commission.

They include rerouting travellers with rival carriers if a flight is delayed for more than 12 hours.

The rules also clarify what are considered exceptional circumstances for compensation.

For example, mechanical failures on board the aircraft do not count, but natural disasters and traffic control strikes do.

The Commission says the new rules, which are not likely to become law until 2014, will give a lot more certainty to airlines and passengers.

"It is very important that passenger rights do not just exist on paper," said EU transport commissioner Siim Kallas.

"We all need to be able to rely on them when it matters most - when things go wrong."

He added: "We know that the real priority for stranded passengers is just to get home. So our focus is on information, care and effective rerouting."

During the Icelandic ash cloud crisis in 2010, when no flights could take off in Europe for several days, there was much confusion about how much responsibility the airlines should carry for the welfare of its passengers.

Helen Kearns European Commission

Some airlines were initially very reluctant to cover passengers' costs, but threats from the European authorities brought them into line.

Ryanair recently lost a case in the European Court of Justice against a passenger who had a seven-day wait for a Faro-Dublin flight. She had spent nearly 1,130 euros (£968) on a hotel, food and transport. The court ruled that Ryanair should have fully compensated her.

There have also been some concessions to industry. Under the planned measures, airlines will have to pay for a maximum of three nights' hotel accommodation - although this does not apply to passengers with reduced mobility, unaccompanied children or pregnant women.

I guess the 3 hour delays ended up being more common than planned and airlines have started complaining as they're paying out too much. I personally benefited with 2x €400 for a 3hr15min delay we had travelling LGW to NAP.
 
Here's a summary: EUROPA - PRESS RELEASES - Press Release - Air Passenger Rights Revision - Frequently Asked Questions Air passenger rights

For us Antipodeans, those on ex EU flights or flights operated by EU carriers where the flight is over 6,000km the delay would be 12 hours before € compensation kicks in, however duty of care provsions would apply after two hours:
... fixes the deadline for compensation at 5 hours for all intra-EU flights and short international flights of less than 3,500 km. For the remaining international flights the deadline is 9 hours for flights of less than 6,000 km and 12 hours for flights of more than 6,000 km. The aim is to give the air carriers a reasonable time to solve the problem and encourage them to operate the flight, not just cancel it. A threshold of three hours is in most cases too short for spare parts or replacement aircraft to be flown in, especially for technical failures at an airport away from a carrier's bases. The current provisions tend to incentivise cancellations to the detriment of passengers (because the problem cannot be remedied within a very short deadline). ...
 
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