1. AIR PASSENGERS` RIGHTS IN THE EUROPEAN UNION Axel Luttenberger

2. AIR PASSENGERS ` RIGHTS IN THE EU  Airlines` contract  Improvement in the protection of passengers  Sources of law legislation voluntary commitments  The need of the new legal framework for air passengers and their protection  Conclusion

3. Introduction Single market – lower fares and wider choice Single market – lower fares and wider choice Liberalisation does not suffice Liberalisation does not suffice Passengers are often in a weak position (they accept conditions) Passengers are often in a weak position (they accept conditions) Problem: denied boarding, cancellation or long delays of flights and denied boarding compensation system Problem: denied boarding, cancellation or long delays of flights and denied boarding compensation system

4. Airlines` contract Ticket or confirmation paper Ticket or confirmation paper Res. 724 Passenger Ticket – Notice and Condition of Contract Res. 724 Passenger Ticket – Notice and Condition of Contract Recommended Practice 1724 Recommended Practice 1724 Package travel – contract with the tour organiser or retailer

5. Improvement in the protection of passengers contract to be clear, complete and known to the passengers contract to be clear, complete and known to the passengers promote voluntary commitments promote voluntary commitments passengers have the obligation to: respect the time for check-in and boarding not endanger the safety and health

6. other legislation shall apply Regulation 2027/97 on liability in the event of the accident Regulation 2027/97 on liability in the event of the accident amending Regulation 889/2002 to align Community rules with the Montreal convention

7. Legislation Council regulation (EEC) 259/91 establishing common rules for denied boarding compensation system on scheduled transport Council directive 93/13 EEC on unfair terms in consumers contract Regulation (EC) 889/2002 of the European Parliament and the Council 2027/97 on air carrier liability in the event of accident Proposal for a regulation of establishing common rules on compensation and assistance to passengers in the event of the denied boarding and cancellation or long delays in flights the Montreal Convention (unification of certain rules for international carriage by air) Council directive 90/314/EEC on package travel, holidays and package tours

8. Voluntary commitments Airport Voluntary Commitment on Air Passenger Service commitmens to a quality (not legally binding) information on legal rights and assistance regular reporting Airline Passengers Service Commitment standards for the service (not legally binding) to notify of known delays, cancellation and diversion, assist passengers, deliver baggage, telephone reservation, prompt refunds, prompt refunds, meet the needs in long delays

9. The need of the new legal framework for air passengers and their protection the legislator must strike the balance between simply creating certainty and further extending passengers rights the legislator must strike the balance between simply creating certainty and further extending passengers rights it must reconcile the protection of passengers with the need to avoid over-regulation it must reconcile the protection of passengers with the need to avoid over-regulation

10. the goals enabling delayed passengers to continue their journeys in good conditions with the right of ticket reimbursement or to alternative flight enabling delayed passengers to continue their journeys in good conditions with the right of ticket reimbursement or to alternative flight creating new rights by setting minimum requirements to be included in the contract creating new rights by setting minimum requirements to be included in the contract providing the information to passengers by requiring airlines to submit data for consumer report

11. Conclusion legislation should be the way to ensure that contracts are clear, complete and known to the passengers legislation should be the way to ensure that contracts are clear, complete and known to the passengers achieving the right balance in contractual condition is a key element of consumer protection achieving the right balance in contractual condition is a key element of consumer protection the proposed legislation should enable delayed passengers to continue their journeys the proposed legislation should enable delayed passengers to continue their journeys voluntary commitments are of utmost importance for improvement of service quality, care, simpler procedure and mechanism for settling disputes voluntary commitments are of utmost importance for improvement of service quality, care, simpler procedure and mechanism for settling disputes while protecting passengers over-regulation should be avoided to leave a sufficient space as not to hamper the competition while protecting passengers over-regulation should be avoided to leave a sufficient space as not to hamper the competition