Current problem areas in the application of the Air Passenger Rights Regulation

Aviation has become an integral part of our lives. The industry offers attractive solutions for both business and leisure purposes. Passengers, on the other hand, often face a variety of problems, from delayed flights, cancellations, overbooking, to lost luggage.

This blog post highlights some of the most common concerns relating to passengers' rights. Primarily the unclear legal situation when booking via online tools, the lack of alternative transportation options offered, the examination of extraordinary circumstances, strikes, adverse weather conditions and the legal ambiguity of multimodal transportation.

Online booking tools

While online booking tools have made it easier than ever to book flight tickets, they often come with hidden pitfalls. In apf's proceedings, consumers report problems with transparency and sometimes misleading information when booking via these platforms. It is crucial that consumers read the "small print" and understand their rights before making a reservation. Difficulties are increasingly apparent with the following points:

- [nbsp] [nbsp]With connecting flights, it can happen that no through ticket is issued

- [nbsp] [nbsp]Short transfer times are often not feasible for non-continuous bookings due to delays or check-in and check-out processes. This leads to limited passenger rights for the subsequent flight.

- [nbsp] [nbsp]Company-generated email addresses also pose a problem for airlines in terms of duly fulfilling their information obligations towards passengers (see ECJ ruling C-263/20 of 21.12.2021).

- [nbsp] [nbsp]The question of responsibility and accessibility should not be neglected here - this is often limited with online booking platforms, for example by hotlines that charge a fee.

There is still room for improvement for online booking tools when it comes to providing transparent information on passenger rights.

Lack of alternative transportation options

When flights are delayed or canceled, passengers are often stranded at the airport. In conciliation work, cases repeatedly arise in which travelers are only offered limited alternative transport options . Airlines have a responsibility to provide passengers with accommodation, meals and transportation to their destination if required. This is stipulated, for example, by Regulation (EC) No. 261/2004 of the European Union. This regulation stipulates that alternative transportation must be provided at the earliest possible time, regardless of the operating airline and at no additional cost to the passenger.
The decisive factor for rebookings is therefore the proximity to the planned arrival time and not whether they can be carried out with a carrier's own fleet or with cooperating companies. In the arbitration procedure of the apf, however, this is precisely the practice of some airlines.

High level of effort involved in processing exceptional circumstances

Airlines often refer to "extraordinary circumstances" as a reason for flight delays and cancellations, which can exempt them from the obligation to compensate passengers. While genuine extraordinary circumstances such as natural disasters or security threats are beyond the control of airlines, the term is often used to exempt them from paying compensation even for minor disruptions. In principle, extraordinary circumstances must be substantiated by the airlines. This evidence is requested from the airlines in apf proceedings, but is time-consuming.

Lack of clarity regarding compensation payments in the event of strikes:

Strikes by airport or airline staff can cause chaos and inconvenience for passengers. Airlines and trade unions are constantly striving to minimize the impact on passengers. The year 2023 has so far been characterized by various strikes at airlines and airports. For example, work stoppages took place in France, Italy, Belgium and Germany in 2023. International connections are also likely to be affected by the strike. With regard to passenger rights, a distinction must be made between strikes by airline staff and strikes by airport staff or air traffic controllers. As a rule, strikes by airline staff are not considered to be an extraordinary circumstance. Compensation payments for delays and cancellations are therefore lawful.
A strike by air traffic controllers, on the other hand, is a scenario in which the airlines can invoke an extraordinary circumstance.

Weather extremes are increasing:

Poor weather conditions are another common reason for flight disruptions. Passengers should be aware of their rights in such situations. Airlines must prioritize passenger safety, but should also provide clear information and alternatives for affected passengers. Particularly striking this year have been cases involving wind conditions at Funchal Airport on the Atlantic island of Madeira (Portugal).

Multimodal transport not clearly regulated by law:

In today's interconnected world, travelers often rely on a combination of flights, trains, buses and other modes of transportation to reach their final destination. In the event of disruptions during multimodal travel, it can be challenging to determine which provider is ultimately obliged to pay any compensation. In this context, the apf advocates clearer regulations on cooperation between transport companies in order to efficiently help people affected by delays and cancellations.