The European Commission clarifies the rights of air passengers affected by the fuel crisis

Airlines cannot retroactively apply fuel surcharges, and high fuel prices are not considered by the Commission as extraordinary circumstances. Passengers affected by cancellations retain the right to reimbursement, rerouting, assistance, and, in certain cases, compensation.

The European Commission has published guidelines for transport and tourism, clarifying that passengers affected by cancellations retain their rights, and airlines cannot retroactively impose fuel surcharges.

In short The guidelines target the transport and tourism sector in the EU, affected by disruptions in fuel supply and the closure of certain routes related to the crisis in the Middle East.

Passengers affected by cancellations continue to have the right to reimbursement, rerouting or return, assistance at the airport, and compensation for last-minute cancellations.

The Commission considers that high fuel prices do not represent extraordinary circumstances that would automatically exempt airlines from paying compensation.

Airlines cannot retroactively apply fuel surcharges, as the final ticket price must be displayed from the beginning.

The Commission has also adopted a temporary state aid framework for road, rail, inland waterway, and maritime transport affected by high diesel costs.

The European Commission has adopted guidelines for the EU transport and tourism sector in the context of ongoing disruptions in fuel supply and the closure of certain air and maritime routes related to the crisis in the Middle East. The document focuses specifically on aviation and the effects of a possible fuel shortage for aircraft, in the event that the conflict continues. The European Union Aviation Safety Agency, EASA, has also issued a safety bulletin regarding the safe use of Jet A fuel in Europe.

The Commission clarifies the application of existing EU rules regarding fuel supply obligations, fuel surcharges, airport slots, public service obligations, and air passenger rights.

Passengers affected by cancellations continue to benefit from the rights provided by EU legislation. They have the right to reimbursement, rerouting or return, assistance at the airport, and compensation for last-minute cancellations.

Airlines can be exempted from paying financial compensation only if they can demonstrate that the cancellation was caused by extraordinary circumstances, such as a local fuel shortage. The Commission specifies that high fuel prices should not be considered extraordinary circumstances.

For transparency in airfares, the Air Services Regulation requires airlines to display the final ticket price from the outset. The aim is to ensure that passengers are not faced with unexpected costs. For this reason, retroactive charging of additional fees, such as fuel surcharges, is not permitted.

In the case of package holidays, the Package Travel Directive may allow organizers to increase the price retroactively, if this possibility is provided for in the contract and only under specific conditions.

To avoid the closure of certain routes, airlines may be exempted from the 90% fuel supply rule provided by ReFuelEU Aviation. The derogation applies when safety regulations require carrying an additional quantity of fuel from the departure airport, which could prevent the next flight from taking place if fuel is not available in sufficient quantity at the EU destination airport.

Regarding airport slots, airlines may be exempted from the usual landing and take-off slot obligations due to fuel supply issues at airports. In the case of justified non-utilization of slots, based on the Slot Regulation, airlines are not penalized for not using the allocated slots.

The Commission encourages member states to fully utilize the clauses in their contracts when airlines operating routes with public service obligations face fuel shortages or exceptionally high prices that make operation at the regulated fare impossible.

The European executive has also adopted a temporary state aid framework for other modes of transport, road, rail, inland waterways, and maritime, particularly affected by high diesel costs. This framework will allow member states to provide financial support to industries affected by the crisis.

The Commission announces that it will continue to closely monitor the potential effects on all modes of transport, including by activating national contact points for transport, established under the Transport Contingency Plan.

The Commission's guidelines come against the backdrop of the crisis in the Middle East, which has caused disruptions in fuel supply and the closure of certain air and maritime routes. The document does not introduce new rules but clarifies how existing EU rules apply in situations of pressure on the transport sector.

For aviation, the crisis raises issues related to aircraft fuel, operating costs, route continuity, airport slots, and passenger rights in the event of cancellation. For other modes of transport, the pressure mainly comes from high diesel costs.

The Commission links the current monitoring to the Transport Contingency Plan, a mechanism created to coordinate the EU's response in crisis situations affecting mobility and transport networks.

https://2eu.brussels/ro/stiri/comisia-europeana-clarifica-drepturile-pasagerilor-aerieni-afectati-de-criza-combustibilului