2023/0437(COD)

Official summary (Legislative Observatory, Decision by Parliament, 1st reading): The European Parliament adopted by 652 votes to 2, with 8 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union.

The European Parliament adopted its position at first reading by amending the proposal as follows:

Reimbursement by air travel intermediaries

The amended text clarifies the rules on reimbursement in the case of cancellations when flights are booked via an intermediary, such as travel agents or online booking platforms.

The intermediary must inform the passenger, in a clear, comprehensible, and easily accessible manner, whether the airline agrees to process the refund through the intermediary, and what the refund procedure will be. Processing the refund through the intermediary is free for the passenger. Before a passenger finalises a booking, the intermediary must inform them of any applicable intermediation, administrative, service, or cancellation fees, as well as the passenger's right to a full refund of the intermediation fees.

When a passenger has booked a ticket through an intermediary, the airline may process the refund through that intermediary, in which case the intermediary will reimburse the passenger. If the intermediary is not involved in the refund or did not use their own account to purchase the tickets, the airline will reimburse the passenger directly within seven calendar days of the passenger providing proof of the total ticket price and any intermediary fees paid, as well as the passenger's payment details.

If a refund is obtained through intermediaries who used their own accounts to purchase tickets from an airline, the airline must reimburse the intermediary within seven calendar days of the passenger's choice of refund method. The intermediary then refunds the passenger the full ticket price and any applicable intermediary fees within a further seven days , using the same payment method, and provides details of the refund. If the airline does not receive confirmation of payment from the intermediary within 14 days , it must contact the passenger no later than the following day. Upon receipt of the required data and supporting documentation, the airline will issue a direct refund to the passenger within seven calendar days and notify the intermediary.

Common form for compensation and reimbursement claims

The Commission will adopt an implementing act establishing a common form for compensation and reimbursement. These common forms will be available on the European Commission's website, in all European languages ​​and for all types of transport . Carriers may not reject any claim on the grounds that the passenger did not use the common form, or that the passenger submitted the form by means other than electronic means.

Designation of national enforcement bodies

Each Member State will designate one or more national bodies responsible for enforcing the regulation. These bodies will closely monitor compliance with the regulation and take the necessary measures to ensure respect for passengers' rights. Monitoring activities may include audits, inspections, interviews, and the examination of documents .

Member States will each designate a body for passenger complaints . The body for passenger complaints will acknowledge receipt of the complaint within 14 calendar days of receiving it.

Information about suspected practices of non-compliance

The Commission may alert the national enforcement bodies about specific suspected practices of non-compliance by one or more carriers, terminal operators, port authorities, travel agents, ticket vendors or tour operators. Where the national enforcement body initiates any investigation, it will inform the Commission, upon request, of its findings.

Improved rights for vulnerable passengers

An air carrier may require that a person with disabilities or person with reduced mobility should be able to travel accompanied by another person who is capable of providing the assistance required. Where the air carrier introduces such a requirement but cannot provide the assistance needed by the disabled person or person with reduced mobility, that person should be allowed to travel accompanied by another person of their choice , who should travel free of charge and be seated next to that disabled person or person with reduced mobility.

Furthermore, upon request, a station manager, a railway undertaking, a ticket vendor or a tour operator will provide persons with disabilities and persons with reduced mobility with information, including in an accessible format, on the accessibility of the station and associated facilities , and of rail services and on the access conditions of rolling stock and inform persons with disabilities and persons with reduced mobility about facilities on board.

A recognised assistance dog will be permitted to accompany them.

Where railway undertakings or station managers cause the loss of, or damage to, mobility equipment , including wheelchairs, or the loss of, or injury to, recognised assistance dogs used by persons with disabilities or persons with reduced mobility, they will be liable and will provide compensation without undue delay.

Review of service quality standards

By five years from the date of entry into force of this amending Regulation, the Commission will carry out a comprehensive evaluation of all service quality standards, as part of the first report on the operation and the effects of this Regulation.