PAY UP OR ELSE SAYS EU

Airlines are yet again in the firing line - this time over air passenger rights.

The European Commission has given airlines six months to meet their obligations to passengers and to adhere more strictly to air passenger rights regulations.

The backlash comes more than two years after the European Commission drew up new guidelines designed to force airlines to tow the line.

Published in February 2005, the rulings set out exactly what compensation passengers were entitled to claim for. These included the right to compensation for delayed flights, denial of boarding because of overbooking, flight cancellation or downgrading of class.

Depending on the circumstances, the Regulation requires airlines to provide passengers with assistance such as accommodation, refreshments, meals and communication facilities, offer re-routing and refunds, pay compensation, and proactively inform passengers about their rights under the Regulation.

The European Commission has now - finally - drawn a line in the sand for airlines that still refuse to honour their obligations to passengers.

The stern warning comes at a time when many airlines have been accused of obfuscation over compensation claims with many using 'exceptional circumstances' as an excuse to avoid paying out as well as taking advantage of vague definitions such as the interpretation of what actually constitutes a delay.

A report by the Commission found that postponed flights are sometimes said to be delayed when, in fact, they have actually been cancelled. Since compensation is only required when flights are cancelled, this has obvious benefits to the air carrier and not to the passenger.

Initial legislation denied the right to compensation for cancellation if an airline could provide evidence of extraordinary circumstances which could not be avoided.

This could all change now that airlines that remain dilatory about taking the regulations on board could face the spectre of court action.

Commission Vice-President Jacques Barrot said: "Although there is no doubt that air passengers enjoy better protection today, we must make sure that airlines and Member States fully comply with their obligations. The Commission will give them six months to make the air passengers regulation work and will provide them with full support in that process".

Eddie Lynch, Head of Consumer Affairs at the NI Consumer Council, said: "We welcome the European Commission's (EC) commitment to ensure all member states and airlines implement the air passenger rights regulation over the next six months. We have seen some change in the form of better protection for air passengers since the regulation was introduced in February 2005 but as the EC report concludes, not all airlines are complying with the rules.

"Airlines still hold the balance of power but the EC forcing airlines to comply with these rules will help redress the balance. Airlines have a duty of care for their passengers. They must inform them of their rights and make it clear what is available to them when a flight is delayed or cancelled."

Eddie McVeigh Head of the European Commission Office for Northern Ireland said: "EU rules on air passenger rights are designed to ensure that travellers are treated fairly when they suffer delays, cancellations or are bumped off overbooked flights. Such incidents can cause great distress and inconvenience for people through no fault of their own. It is time for airlines to face up to their responsibilities under the legislation and give passengers a fair deal."

The Consumer Council has published, 'Plane Facts' a passenger's guide to their rights and responsibilities. For your free copy contact 028 9067 2488 or download a copy at www.consumercouncil.org.uk

PAUL WILSON

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