European Commission adopts Passenger Mobility Package

12 December 2023: The European Commission adopted the Passenger Mobility Package on 29 November; a set of three proposals aimed at modifying the EU passenger rights framework. The package is a step towards reshaping the current outdated regulation on air passenger rights, but more is still needed.

The proposals are as follows:

1. Proposal for a revision of the four regulations on passenger rights (including EU261) and Regulation 1107/2006 on the rights of persons with reduced mobility (PRMs).
2. Proposal for a regulation on passenger rights in the context of multimodal journeys.
3. Proposal for a revision of the Package Travel Directive (PTD).

The legislative package also revises the delegated regulation on EU-wide multimodal travel information service (MMTIS) and a common European mobility data space. Passengers will now be able to find via travel information services real-time information on different transport modes and access real-time updates during their journey. New types of information will also be available, such as whether bikes can be taken onto a train, and on accessibility, including for passengers with disabilities or reduced mobility.

Amendments to Regulation 261/2004 and Regulation 1107/2006 include:

• Intermediary ticket vendors will be required to provide the airline with the passengers' contact information, so passenger can receive pertinent information about their flight.
• For the reimbursement of passengers when the ticket was booked via an intermediary: the air carrier will have to reimburse the intermediary within 7 days, and then the intermediary will have a further 7 days to reimburse the passenger. If the passenger does not receive the reimbursement within 14 days as of the date of choosing a reimbursement, passengers will have the right of last resort to turn to the airline to obtain the reimbursement.
• Carriers will be required to establish ‘Service Quality Standards’ and regularly publish reports on their implementation of passenger rights.
• Establishment of EU standard reimbursement and compensation forms.
• Additional enforcement powers to NEBs, which will be entitled to identify possible infractions by terminal managers and carriers.
• If airline’s commercial policies oblige a PRM to travel with an accompanying person (because the PRM needs assistance to comply with aviation safety requirements), the airline will then be obliged to transport the accompanying person free of charge and seat this person next to the passenger they are assisting. Please note that this right already exists when travelling by rail, ship or bus/coach.

Proposal for a new regulation on multimodal passenger rights includes:

• Carriers will have to assist passengers travelling on multimodal journeys in the event of missed connections, if they booked via a single contract of carriage that covers their entire journey.
• Carriers to provide passengers with better information rights before and during multimodal travels, including on minimum connecting times between different transport services.
• Establishment of 'single points of contact' by carriers and terminal managers to assist PRMs when transferring between transport modes.

Amendments to the PTD include:

• Limitation of advanced payments for package organisers of 25 per cent at the time of booking and 85 per cent at the earliest 28 days before departure, with an exception when package organisers are faced with costs that justify a higher advanced-payment.
• In the event of disruptions, package organisers will be entitled to a refund from service providers (i.e., airlines) within 7 days. Package organisers will then proceed with the refund to travellers within 14 days.
• In the event of cancellation, package organisers to provide travellers with clear information on their rights in relation to vouchers, including on their right to accept a voucher or to insist on a refund within 14 days.
• Vouchers will be refunded automatically if not used before the end of their validity period.
• Vouchers and refund rights will be covered by insolvency protection.
• Adaptations in the definition of package travels and Linked Travel Arrangements (LTAs) + package organisers to offer better information to passengers on whether a combination of travel services is a package, who is liable trader and on their respective rights.

Next steps

• The proposals will now be submitted to the co-legislators for debate. The shorter legislative term in 2024 due to the European Parliament elections scheduled in June 2024 means that only preparatory work on these files will take place before the new Parliament begins any substantial discussion of the files.
• The European Commission has started to update the Interpretative Guidelines on EU261 and air PRMs. Stakeholders concerned will be soon consulted (public consultations expected to go out mid-December/ early January 2024) on the draft updated texts. Those revisions are expected to take into account all the CJEU case law since 2012.