Communication from the Commission to the European Parliament and the Council Protection of air passengers in the European Union
Date: 2000-06-21
Institutions: European Commission
Subjects: air transport, consumer protection, contract of carriage, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.6.2000
COM(2000) 365 final

COMMUNICATION FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

PROTECTION OF AIR PASSENGERS IN THE EUROPEAN UNION

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GENERAL REMARKS

SUMMARY

Despite the growth of air transport, stimulated by the single market, dissatisfaction
with service quality is growing. This is worrying as the Community has adopted a
body of legislation to protect the interests of air passengers, covering compensation
for denied boarding, liability in case of accidents, computer reservation systems and
package tours. Part of the problem is that passengers do not know their rights and so
do not insist on their respect. The Commission has therefore launched a campaign to
make passengers aware of
rights already created by Community legislation,
beginning with the publication and display of a charter in European airports.

This is only a first step, however, and there are strong reasons to go further in
protecting the interests of air passengers. Already in 1998 the Commission proposed
strengthening the regulation on compensation for denied boarding because of
overbooking. The proposal remains before the Council, which has failed to adopt it
for unrelated political
the Commission launched a
consultative document on the difficulties experienced by passengers and possible
solutions to the problems identified. There was a strong response from organisations
representing airlines, passengers, airports, travel agents and disabled people. After
this consultation, the Commission has defined the overall policy set out in this
communication.

reasons. Early this year,

This general policy is based not only on Community legislation on passengers’ rights
but also on voluntary commitments by the air transport sector to improve service
quality. To find the right balance between legislation and voluntary action, it is
important to consider the overall treatment that a passenger receives when flying, a
measure of the benefits that he or she draws from Community policy on air transport.
Consequently, strong and effective commitments by airlines and airport to improve
their services might allow looser legislation in some areas.

When legislating, the Community must strike a balance between simply creating
certainty for passengers and airlines and further extending passengers’ rights. Also, it
must reconcile the protection of passengers with the need to avoid over-regulation,
that could restrict the sector’s freedom to respond to demand, lessen the scope for
competition and hamper co-operation between airlines that facilitates international
travel.

Finally, policy needs to go beyond legislation and voluntary codes on service quality.
Passengers require up-to-date comparisons of airlines’ performance to make
informed choices between different carriers. They are often disappointed and
frustrated by the handling of their complaints and the difficulty of settling disputes -
issues that policy should address. Besides, representation of their interests is often
weak and should be strengthened to balance that of airlines and airports.

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PROPOSALS

The Commission will propose legislation in order to:

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to continue their journeys under good
enable delayed passengers
conditions, by giving them the right either to reimbursement of the ticket or to
an alternative flight at the earliest opportunity (2001),

create new rights for passengers, by setting minimum requirements for
contracts in air travel, after consultation of interested parties (2001). One aim
would be to create certainty, by requiring airlines to draft contracts clearly
setting out the service offered and the conditions applied. The other would be
to improve the balance of contracts in favour of passengers; some changes
needed are clear, while others will require further discussion,

give passengers the information they need to make well-founded choices
between airlines, by requiring airlines to submit the data necessary for it to
publish regular consumer reports (2000). These would also stimulate airlines
to improve service quality.

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The Commission will promote the preparation and adoption of voluntary
commitments by European airlines (2000 – 2001), covering in particular:

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improvement of service quality as widely as possible, for example by
offering the lowest fare available, by allowing reservations to be held for a
certain time, by informing passengers rapidly of delays, by meeting the needs
of disabled people and by facilitating the lodging of complaints,

adequate care for delayed passengers in order to minimise inconvenience to
them,

simple procedures for lodging complaints and mechanisms for settling
disputes out-of-court.

It will also promote voluntary commitments by airports to set quality standards for
services and to consider design standards for terminals.

These voluntary codes should be ambitious, engage as many operators as possible
and include mechanisms for monitoring compliance. The Commission will strongly
encourage the involvement of all interested parties and co-ordination when the
responsibilities of airlines and airports overlap.

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The Commission will also take these initiatives:

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to discuss how best to strengthen the representation of passengers with
Member States and passengers’ organisations, (2000).

to examine the effects on the market of sales and reservations via the
Internet and their conformity with competition rules and the Code of
Conduct for computerised reservation systems. (2000).

to study the effects on competition of code-sharing,
individual
tariff
interlining, in its review of the block exemption for interlining (2001),

competition proceedings, and of

in the context of
co-ordination in

to assess the impact of cabin conditions on passengers’ health, by setting up
expert groups to scrutinise existing research and draw conclusions on risks to
health. (2001).

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT AND THE COUNCIL

PROTECTION OF AIR PASSENGERS IN THE EUROPEAN UNION

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INTRODUCTION

More and more citizens of the European Union are travelling by air for business and
pleasure, many at historically low prices. Yet there is a steadily growing stream of
complaints about quality of service, lack of information and treatment when things
go wrong. It seems that the air transport sector often fails to meet its customers’
expectations and, when this happens, passengers do not know how to obtain
satisfaction. Changing to another airline may not be a practical solution because of
the lack of competition on some routes and the difficulty of obtaining refunds.

This dissatisfaction is worrying in that passengers ought fully to benefit from
Community policy on air transport. The third package of 1992 created a single
market for air transport: since 1st April 1997 each Community carrier is free to
operate in all Member States,
including cabotage. This has greatly increased
competition and led airlines to develop innovative strategies to adapt to new markets.
This is not to say that the internal market is complete. In its 1999 communication on
the airline industry1, the Commission identified the shortcomings of the present
regulatory framework and proposed initiatives to complete market integration and
promote adjustment by Community carriers.

Apart from the Warsaw Convention2 of 1929 (amended in 1999 by the Montreal
Convention) dealing above all with the liability of air carriers in the case of
loss of baggage and delays, and general national and Community
accidents,
legislation on consumer protection345, little was done in the past to protect air
passengers. Certainly the airlines themselves, through the International Air Transport
Association (IATA), attempted to organise international
their
resolutions naturally do not have the force of law. For that reason, and because the
proliferation of national legislation and divergent interpretation of international law
would have threatened the single market, the Community decided that
it was
necessary to act at European level. It therefore adopted, on the basis of Article 80 (2)
of the Treaty, legislation that specifically protects the interests of air passengers, on
compensation for denied boarding6, on airlines’ liability towards passengers in case

transport, but

“The European airline industry: from single market to world-wide challenges” Communication from the
Commission COM (1999) 182 final of 20.05.1999
Convention for the unification of certain rules relating to international transportation by air
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.
O.J. L158, 23.06.1990
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. O.J. L95,
21.04.1993
Council Directive N°. 84/450/EEC of 10 September 1984 on misleading advertising, O.J. L250 of
19.09.1984, as amended by Directive N°. 95/55/EC
Council Regulation (EEC) N°. 295/91 of 4 February 1991 establishing common rules for a denied-
boarding compensation system in scheduled air transport. O.J. L36, 08.02.1999

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of accidents7 and on computer reservation systems8. Also, the Commission has
proposed amendment of the legislation on denied boarding, including its extension to
the cancellation of flights9, and will propose ratification of the Montreal Convention
on air carriers’ liability and amendment of the present Community regulation (see
Annex 1).

Part of the problem is that passengers are unaware of their legal rights and so unable
to insist on their respect. The Commission has therefore announced a campaign to
make passengers aware of the rights already created by Community legislation10. The
central element of this campaign is the publication of a charter of existing rights and
its display where passengers will see it, beginning with airports and then moving on
to the offices of travel agents and airlines11. This is being done in close liaison with
to the success of the exercise.
these parties, whose co-operation is essential
Following this operation, the Commission will assess how to extend the information
campaign, for example by putting the charter on its “Dialogue with Citizens” web
site so as to ensure continuous dissemination of this information via the internet.
Citizens already have the opportunity to seek advice on their rights and on
overcoming practical difficulties through the “Citizens Signpost Service”. Another
part of the problem is the difficulty of enforcing Community legislation, for which
adequate mechanisms and sanctions may not be in place.

CASE FOR FURTHER ACTION

Passenger and consumer organisations nevertheless insist that existing rights do not
go far enough to protect passengers and ensure that they benefit from Community
policy on air transport to the full. Experience shows that simply relying on the
market to produce solutions may not work in all circumstances. In particular, certain
elements of the treatment of passengers are unlikely ever to be a matter of
competition between airlines. A competitive market is essential but may need to be
complemented by specific measures to protect consumers of air transport, as of other
goods and services.

In fact, a passenger is in a weak negotiating position compared to the airline when
buying a ticket or subsequently making the flight. He or she is subject to conditions
of carriage and to business practices decided by the airline (see Annex 1), but will
frequently be unaware of the exact terms and have little alternative to accepting them
even if dissatisfied. The customer’s position is further weakened by the obligation to
pay for the service, before actually taking the flight. Here transport differs from
many other services, of which only part of the price is paid before the service is
provided, leaving the customer some bargaining power if it does not come up to

Council Regulation (EC) N°. 2027/97 of 9 October 1997 on air carrier liability in the event of accidents.
O.J. L285, 17.10.1997
Council Regulation (EEC) N°. 2299/89 establishing a code of conduct for computerised reservation
systems. O.J. L220, 29.07.1989; as amended by Regulation (EEC) N°. 3089/93 of 29 October 1993,
O.J. L17, 25.01.1995, and by Regulation (EC) N°. 323/99 of 8 February 1999, O.J. L40, 13.02.1999
Proposal for a Council Regulation (EC) amending Regulation (EEC) N°. 295/91 establishing common
rules for a denied-boarding compensation system in scheduled air transport. COM(1998)41 final,
30.01.1998
The Council (Transport) supported this initiative at its meeting on 8th March 2000
Explained in Commission staff working paper “Air passenger rights in the European Union”
SEC(2000)535 of 23.03.2000

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expectations. Finally, a passenger depends heavily on the efficiency and good will of
the airline when things go wrong, for example when flights are delayed or cancelled
and baggage lost or damaged. He or she will probably be unable to make other
arrangements because of financial commitments already made,
the difficulty of
finding alternative flights or the sheer impracticality of using other forms of transport
like the train or the car.

The Community should therefore further strengthen the rights of air passengers, so
that policy on air transport fully works to their advantage. This would follow the new
priority that the Amsterdam treaty gives to the protection of consumers, which in air
transport means passengers12. The Treaty also commits the Community to combat
discrimination on the grounds of disability and to take into account the needs of
disabled people for measures relating to the internal market. In this communication
the Commission proposes an overall policy, based not only on Community
legislation but also on voluntary commitments by airlines and airports to raise
service quality, on the improvement of information to passengers and on stronger
representation of their interests. Overall,
the protection given
passengers in the Community on a par with that afforded in the United States.

this should put

The Commission is aware of the danger of over-regulation that could raise costs,
lessen the scope for competition, and hamper co-operation between airlines that
facilitates international travel. Hence, the importance it attaches to striking the right
balance between legislation and voluntary agreements to improve service quality, in
keeping with the emphasis placed by the European Council of Lisbon on simplifying
the regulatory environment and on adopting more flexible approaches to legislation.
In deciding the balance, it has to consider the overall quality of treatment that a
passenger receives when flying; it is in these terms that the benefits to passengers of
Community policy on air transport should be assessed. Consequently ambitious and
effective commitments by the sector to improve services might create scope for
looser legislation in some areas, and every effort will be made in the coming months
to promote self-regulation by airlines in the spirit of the conclusions of the European
Council of Lisbon, before preparing legislation.

Stronger protection of passengers will also push airlines to offer better service,
whether this is achieved by legislation, voluntary commitments or comparative
information on their performance. European airlines will have a greater incentive to
pay attention to passengers’ demands, maintain consistently high standards and avoid
all the failures in service that create frustration. This should improve their position on
the international market, in which companies compete on both price and quality of
service. A Community initiative on passenger protection can therefore be expected to
contribute positively to the competitiveness of Community carriers.

The Commission recognises that it may also be necessary to protect passengers using
other modes of transport. It intends in due course to study their rights, in particular

Article 153 of the Amsterdam Treaty states:
1. In order to promote the interests of consumers and to ensure a high level of consumer protection, the
Community shall contribute to protecting the health, safety and economic interests of consumers , as
well as to promoting their right to information, education and to organise themselves in order to
safeguard their interests.
2. Consumer protection requirements shall be taken into account in defining and implementing other
Community policies and activities.

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contracts and conditions of carriage, and to propose any measures needed. It is
justifiable, however, to begin by strengthening the rights of air passengers because
the Community has advanced much further in creating a single market for air
transport than for transport of passengers by road and rail. Another reason is that they
often have no alternative means of transport to flying. In any case, air passengers
face problems that largely differ from those encountered by other passengers, so that
there is little advantage in devising solutions in parallel.

The Commission also is aware that the smooth functioning of transport systems
depends on a responsible attitude from passengers. However efficient they may be,
airlines and other transport companies cannot provide the quality of service of which
they are capable, if a minority of passengers shows irresponsibility, for instance by
not respecting departure times, not showing up for confirmed flights, ignoring safety
rules or behaving badly towards staff or other passengers. Its proposals for legislation
should therefore cover obligations on passengers as well as on airlines.

the Commission recognises that

In addition,
the worsening of delays and the
inadequacy of airports may be reasons for dissatisfaction; as well as the performance
of airlines. While some delays result from exceptional, unpredictable events, it is
generally recognised that the Air Traffic Management System is working at the limit
of its capacity. Small disturbances of traffic peaks in the summer can seriously affect
the performance of the network. In December 1999, the Commission presented a
communication on the creation of a single European sky13 which proposed both short
term measures to ameliorate the situation and a medium term strategy to remove
frontiers in the management of Europe’s skies. This communication is the basis of
the intensified dialogue with the interested parties, intended to provide a report with
action plan by the end of the year. As for airports, the Community is trying to
maintain or raise their capacity by integrating them into multi-modal Trans-European
Networks and by providing a common environmental framework14.

CONSULTATIVE DOCUMENT

In January 2000 the Commission sent out for consultation a document on the
protection of air passengers15. The document covered four areas:

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the contract between the airline and the passenger16: conditions of carriage;
liability for death and injury; delays, cancellations and overbooking; loss and
transferability of tickets; sequential use of coupons;
damage to baggage;
treatment of the disabled. The responsibilities of airports and the bankruptcy of
airlines were also mentioned,

the business practices of airlines: code-sharing,
contracting; interlining; frequent flier programmes; air fares,

franchising and sub-

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“The creation of the single European sky” Communication from the Commission COM(1999)614 final
of 01.12.1999
“Air transport and the environment” Communication from the Commission COM(1999)640 final of
01.12.1999
“Air passenger rights in the European Union. A consultation document on consumer protection is in air
transport”
See Annex 1 for short explanation of airlines’ contracts and conditions of carriage

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conditions in the aircraft cabin: air quality and radiation; seat pitch; “air rage”,

information and transparency: information for passengers before and during the
flight including consumer reports; voluntary service codes adopted by airlines;
complaints.

Over sixty replies presented the views of airlines, passengers and consumers,
airports, travel agents and disabled people17. To simplify the full and well-argued
the following emerged as the main issues for Community policy:
responses,
uncertainty about airlines’ contracts and conditions of carriage18; their possible
imbalance in favour of airlines; treatment of passengers when flights are delayed;
information for passengers in different forms; the treatment of disabled people;
complaints and redress.

As might be expected, the organisations representing passengers and consumers,
travel agents and disabled people saw a strong need to strengthen passengers’ rights.
The representatives of the passengers, consumers and travel agents strongly argued
that contracts were biased in favour of the airlines, an imbalance that could only be
righted by Community legislation. However, in addition to recommending legislation
on contracts and conditions of carriage, they also called for voluntary codes on
service standards to be adopted by airlines, a chain of contracts between airports,
airlines and other
reports comparing airlines’
performance, improvements in information for passengers and new arrangements for
handling complaints.

service providers, consumer

Instead of legislation, the airlines’ associations preferred voluntary commitments on
the modification of their contracts and conditions of carriage and considered that this
was close. Legislation by the Community could standardise products, and so reduce
competition, put European airlines at a competitive disadvantage and threaten the
world-wide network of services, as airlines could not operate under different legal
regimes without additional cost. It also raised issues of scope, including extra-
territorial application. The airlines’ and airports’ organisations opposed legislation on
passengers’ rights when flights are delayed, as this would often make them
responsible for events outside their control. Both favoured voluntary codes on
service standards, on which they were working; they considered that these could
provide solutions to many problems. The Commission first made a detailed analysis
of all the responses and then selected the areas where Community action to improve
communication
consumer protection was
concentrates.

justified, on which the present

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See Annex 2 for list of organisations that responded
Henceforth simply called contracts

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CONTRACTS: COMMUNITY LEGISLATION

An essential distinction must first be made. Community legislation on contracts
could aim solely at creating certainty for both parties about their respective rights and
obligations. It could require airlines clearly to specify the product offered and the
conditions attached but would go no further. This would leave the supplier full
freedom to use its commercial judgement about the nature of the product to supply.
But the purpose of legislation could also be to protect the interests of one side or
another, to tip the usual balance of the contract in favour of one party. The risk
would be legislation that reduced commercial freedom and competition, so it is
essential to find the right balance.

Why legislate?

There are strong arguments for Community legislation on contracts and conditions of
carriage. It would create certainty for both sides, airlines and passengers, about their
respective rights and obligations, and would make legal redress possible for
passengers if such rights were not respected The possibility of legal enforcement is
crucial, as without it passengers do not enjoy effective rights. These aims cannot be
achieved by an agreement by the International Air Transport Association (IATA) to
change its recommendation on conditions on carriage. It is not binding on members,
so that they can set different terms, and does not apply to domestic flights or to
services operated by non-member airlines.

In any case airlines’ contracts have been under discussion for several years without
concrete results. In 1997 the Commission ordered a study of the consistency of
IATA’s recommendation on conditions of carriage with the Community directive on
unfair terms in consumer contracts; this suggested changes to the recommendation.
The following year a meeting of experts from the Member States also came to the
conclusion that changes were required. In United Kingdom the Air Transport Users
Council negotiated for several years with IATA on the revision of the conditions of
carriage. In 1999 it ended up complaining to the Office of Fair Trading, which
requested IATA to amend its recommendation; the two sides have not yet adopted an
agreement. It follows that negotiations with the airlines on changing their contracts
and conditions of carriage have not yet given conclusive results. There is then the
possibility of further complaints to national competition authorities or to national
courts, and so a danger of Member States interpreting the consistency of airlines’
contracts with competition or consumer law in different ways, which would create
different regimes within the Community.

The preparation of Community legislation would also be an occasion to consider the
balance in contracts of rights and obligations between airlines and passengers.
Airlines and passengers’ organisations take different positions on this balance;
thorough discussion and detailed analysis will be necessary to clarify which terms
are unfair and to devise appropriate modifications when required. There should also
be full consultation on the planned regulation on minimum assistance to passengers
when their flights are delayed, which would tackle a major source of dissatisfaction.

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While the Commission favours legislation on contracts, it is aware of the risks to be
avoided. Law should be limited to what is needed to create certainty and to protect

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passengers. It must not deprive airlines of freedom to innovate nor frustrate
competition, in contradiction with the general aims of the Common Transport Policy.

their

Community legislation might affect the competitiveness of European carriers on the
revenue comes from extra-
international markets. The largest share of
Community services on which they compete with third-country operators. The
Commission is aware that legislation could affect the position of Community airlines
on the global market, although it is difficult to assess the balance between possible
increases in costs and off-setting benefits, like the expansion of the market and the
increase in revenue that could result from higher standards of service. However, it
intends to limit the impact of legislation by restricting its proposals to the essential
needed to protect passengers.

Nor should Community law block beneficial co-operation between airlines. Although
in competition, international airlines co-operate so as to allow a passenger with a
single ticket to take the flights of several airlines, whether or not Community
carriers. Legislation should not hamper such co-operation and deprive the travelling
public of opportunities that it currently enjoys.

These risks can be avoided, if Community legislation on contracts only specifies the
substance of obligations when necessary to protect passengers’ interests. This would
avoid over- prescription and leave airlines free to exercise their commercial
judgement in other areas. The right balance can be found through full discussion of
drafts of the regulation with the interested parties.

Creation of certainty

One aim of a law on contracts would be to create certainty for airlines and passengers
alike. The legislation would require airlines to draft a contract clearly setting out the
service offered and the conditions applied, so as not to leave important decisions to
their discretion or to special conditions outside the contract. It would specify the
subjects that a contract should cover, a list that would probably turn out similar to the
contents of IATA’s recommended conditions of carriage (see Annex 3); and it would
make airlines inform passengers of the contract and, if practicable, file it with the
supervisory authorities in the Member States. In addition, to ensure that these terms
were in practice included in contracts and the regulation respected, it will probably
be necessary to establish subsidiary requirements. A common principle in consumer
law, this would automatically provide for contract terms on those points which the
contract fails to address; these subsidiary terms would not be mandatory.

This does not mean that Community legislation would dictate the service to provide
and the conditions to apply in each area. In many cases, it would leave airlines free to
design their products and to set conditions, according to their commercial judgement.
However, it would oblige them to state clearly in the contract of what the service
consisted and which conditions applied. Framed this way, legislation would not
restrict competition, as is sometimes claimed. When necessary to protect passengers’
interests, however, the law would prescribe what airlines should do (like existing
legislation on denied boarding and liability for accidents), so creating new rights for
passengers.

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Creation of new rights

The other aim would be to create the right balance in contracts between the interests
of the airline and those of the passenger. These contracts should not be unfair in the
sense of causing a significant imbalance in the parties rights and obligations, to the
detriment of the consumer; this is the basic requirement of Directive 93/13 on unfair
terms in consumer contracts.
replies to the consultative document,
passengers’ organisations recommended various changes to make contracts more
favourable to consumers. Some of their suggestions require further discussion - with
airlines and passengers’ organisations. On others it is possible to take position at this
stage.

In their

First, the transparency of fees, charges and taxes additional to the fare. To fully
understand the price they pay, passengers should be informed of the total cost of their
flight, when they reserve tickets. Community legislation should create such an
obligation. However, since changes in fees, charges and taxes are made by the
authorities, it should allow airlines to pass on increases but require them to refund
decreases, when they occur after a passenger has booked a ticket.

Second, the possibility of increasing the fare after the ticket has been booked, which
airlines generally accord themselves the right to do. However passengers make their
choice of flight and usually commit themselves financially when reserving a ticket.
At the same time, airlines take on obligations towards their customers. There is no
obvious reason why airlines should be allowed to raise the price fixed. Increases in
their costs, whether within or outside their control, are a normal commercial risk, to
be taken into account when setting fares. Such an obligation to respect the fare
agreed would not interfere with the wide freedom of airlines to determine fares
themselves, as established by Regulation 2409/9219.

Third, code-sharing:
the ticket carries the code of the airline with which the
passenger makes a contract, while another operates the flight under its brand.
Passengers’ organisations were worried by the lack of transparency about the identity
of the carrier actually operating the flight. Travellers might end up flying with a
carrier that they did not choose, offering a different service. Legislation on contracts
should make the contracting airline specify the carrier actually operating the flight.
This would be consistent with Community rules on computer reservation systems,
which require that passengers be informed of the identity of the carrier actually
operating the flight, whether the ticket is booked through a travel agent or an airline
(in its office, at a sales counter, by telephone or through the Internet). The problem is
then one of enforcement; it is the responsibility of Member States to make sure the
rules are respected (passengers can also complain of infringements).

Another issue with code-sharing is which airline’s contract applies, that of the
contracting or that of the operating carrier. This must be clear to the passenger so that
he or she knows the exact conditions applicable to the ticket. Linked to this are the
questions of the airline to which complaints should be made and of the relevant law
and court if a passenger seeks legal redress. There is general agreement that, for the
sake of clarity and simplicity, the contract of the contracting airline should apply

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Council Regulation (EEC) N°. 2409/92 of 23 July 1992 on fares and rates for air services, O.J. L240,
24.08.1992

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(that is of the carrier whose designator code appears in the ticket). This should be
reflected in Community legislation on contracts.

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Contracts might be better balanced in favour of passengers in other ways. Various
suggestions have been made, including:

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transferability of tickets. The present practice of airlines is to prevent one
passenger transferring a ticket to another.

sequential use of coupons. Passengers who have bought a ticket for a multi-
stage journey must use all the coupons in their ticket in the correct order, or
risk the airline declaring their ticket void. This may prevent
them from
exploiting a low priced ticket, one stage of which goes through a convenient
airport. The practice can be interpreted as a legitimate way of distinguishing
products by market or as an unfair restriction on consumer choice.

use of both outward and return coupons. This can be interpreted in a similar
way to sequential use.

confirmation and reconfirmation of tickets, although reserved and paid for.
This can be considered as inconvenient imposition on passengers or a means of
discouraging multiple reservations that are not respected.

As for compensation for denied boarding because of overbooking, it is necessary to
strengthen passengers’ rights; and the Commission intends to withdraw its proposal
to amend the existing regulation and replace it with one that is stronger.

As the advantages and drawbacks of legislation on these subjects are complex and
controversial, the Commission believes that further reflection is needed. It will fully
consult the interested parties when preparing its legislative proposal on contracts.

Rights of disabled people

There was a strong response to the consultative document from organisations
representing disabled people, which made proposals involving both legal obligations
and the working methods of airlines and airports. While airlines and airports are in
advance of other modes of transport in their treatment of disabled people, their
services vary in quality from one to another. Disabled people, however, must be able
to count on similar treatment in order to plan their journeys in advance and to avoid
unpleasant surprises when making them.

Community legislation could set various requirements without imposing heavy costs,
covering assistance to and from the aircraft free of charge; special assistance in case
of denied boarding, delay or cancellation; transport of guide dogs of blind people in
the aircraft cabin; full liability for loss or damage to wheel chairs. Another obligation
could be to allow a passenger to board on aircraft if he or she has notified a disability
when reserving a ticket and received confirmation. As for airlines’ restrictions on the
carriage of disabled people for safety reasons, the Community’s aim should be to
remove uncertainty and ensure consistency. European safety regulators should work
on the definition of objective criteria, which could form the basis of requirements.
When considering proposals, the Commission will take account of the extensive
regulations already in force in the USA and Canada.

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Form of legislation

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Community legislation on contracts could lay such basic obligations on airlines as
these:

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to draft a contract that clearly states the rights and obligations of both parties,

to specify the services to be provided, including: the fare; additional fees,
charges and taxes; the total to be paid; the status of the ticket; conditions for
refunds; the identity of the operating carrier; and to inform the passenger of
these core elements before the ticket is booked,

to specify the conditions of carriage (the subjects would be laid down by the
regulation); and to inform the passenger of these conditions, either when
booking or before flying,

to specify various new rights, including for disabled people.

To ensure full protection of passengers, the legislation would apply to contracts for
flights to, from and within the Community, irrespective of the state where the carrier
was established or of the nationality of the passenger. Thus its scope would be
analogous to that of the regulation on compensation for denied boarding, which
applies to all departures from Community airports. It would extend to contracts made
by e-commerce.

The Commission will propose legislation to create new rights for passengers by
setting minimum requirements for contracts in air transport, after consultation of
interested parties (2001).

While this legislation would harmonise law on contracts within the Community,
globally a patchwork of national rules would remain in force. This obliges airlines to
operate under different regimes and faces passengers with a bewildering variety of
rights and obligation. Unlike shipping, or to some extent the railways, the aviation
sector has not benefited from an international agreement on contracts, with the
exception of the Warsaw and Montreal Conventions. The airlines themselves,
through IATA, have attempted to standardise contracts and conditions of carriage but
their exercises have limitations and drawbacks. Without prejudice to Community
measures, it is perhaps time to consider the harmonisation of contract regimes at
world level, a task that the International Civil Agent Organisation (ICAO) could
undertake. The European Community should consider launching such an initiative at
the ICAO’s assembly in 2001.

IMPROVEMENT OF SERVICE: VOLUNTARY COMMITMENTS

Legislation can be complemented by voluntary commitments or codes on raising
standards of service. Such commitments can mobilise a sector to raise its standards
of service to customers, exploiting its capacity to find out their demands, to adapt its
products, and to work out innovative solutions. Customers can benefit by assurance
of a certain standard of service from an airline that subscribes to such a code.

36.

5.

37.

38.

At the prompting of the United States authorities, the Air Transport Association
(ATA) has adopted a code on service quality “Customers First”, and the main

14

39.

40.

carriers have followed up with detailed plans to implement this framework. The
airlines have notified their plans to Congress and the Department of Transportation,
which will monitor implementation. This wide-ranging code could serve as an
example, if not a precise model, for customer service plans by other groups of
airlines. It contains several interesting innovations, including the undertaking to offer
on an airline telephone reservation system the lowest fare for the dates, flight and
class of service requested. Another is the commitment to allow customers either to
hold a telephone reservation without payment for twenty-four hours or to cancel it
without penalty in this time period, in order to give them the opportunity to look for
lower fares through other distribution channels.

IATA is presently working on a global framework for customer service to which it
hopes all member airlines will commit themselves; this covers similar ground to the
ATA’s plan. On this basis, airlines would develop their
individual service
commitments and plans for implementing them. The Association of European
Airlines is also starting preparatory work on a set of basic commitments on passenger
service.

The Commission welcomes these voluntary initiatives which it sees as an essential
complement to legislation. It hopes that European airlines, including AEA members,
charter operators, regional airlines and low cost carriers will rapidly adopt a far-
reaching agreement. It could be based on these commitments, as a minimum:

–

–

–

–

–

–

–

–

–

–

–

–

offer of the lowest fare available on an airlines’ reservation system for the date,
flight and class of service requested,

allowing reservations to be held or cancelled without penalty for twenty-four
hours,

informing passengers of itinerary, change of aircraft, cancellation rules,
frequent flier conditions and aircraft configuration (if asked),

rapidly informing passengers of delays, cancellations and diversions,

adequate care for passengers when delayed in an airport,

adequate care for passengers when delayed on board the aircraft,

alignment on best practice in the treatment of disabled people,
publication of airlines’ requirements,

including

provisions to meet the needs of disabled people (for example training of staff
and making information accessible),

higher limits on liability for baggage,

delivery of baggage within a given time,

minimum assistance to passengers whose baggage is damaged or lost,

facilitation of complaints and ensuring of responses within a given time.

15

The voluntary code could also include a mechanism for settling disagreements
between airlines and passengers out-of-court (see section X). If the airlines do not
agree on convincing commitments by April 2001, the Commission will consider
including some of the above subjects in its envisaged legislation on contracts.

41.

The Airports Council International-Europe is presently working on general standards
for airports throughout Europe, which individual airports would then plan how to
implement. These might cover:

–

–

–

–

–

–

–

time spent queuing, for example at check-in and baggage delivery,

signs to guide passengers on their way,

training of staff in service to customer service,

safety management,

cleanliness and maintenance,

responsiveness to customers’ complaints,

transport and access to terminals.

In the Commission’s view, such standards should cover assistance for disabled
people and care for passengers delayed before check-in. It also considers that the
industry should consider design standards for airports and terminals, so as to bring
into the conception of airports quality criteria like upper limits on transit time, time
spent taxiing, walking distance and so on.

To work out these voluntary commitments, the Commission,
together with the
European Civil Aviation Conference in the framework of the EU-ECAC dialogue,
envisages bringing together representatives of the different groups of airlines and of
airports. It strongly recommends the involvement of organisations representing
passengers, consumers and disabled people and the co-ordination of work on the
airlines’ code with that on the airports, as they share responsibilities in several areas
such as check-in and baggage handling. It would also discuss arrangements for
reporting and monitoring results, essential for the success and credibility of such
voluntary agreements. In addition it would consider the case for defining Community
standards for certain services, such as ground handling and baggage delivery.

The Commission will promote the preparation and adoption of voluntary
commitments by European airlines and airports to raise their quality of service as
widely as possible (2000–2001).

DELAYED FLIGHTS: COMMUNITY LEGISLATION AND VOLUNTARY COMMITMENTS

Passengers suffer the same inconvenience and frustration from delays as from denied
boarding or cancellation. However it is only when passengers are denied boarding at
to assistance and compensation.
Community airports that
Regulation 295/91 gives important rights to all passengers denied boarding at a
Community airport because of overbooking of a scheduled flight:

they have a right

42.

6.

43.

16

44.

45.

46.

47.

–

–

–

reimbursement of the relevant part of the ticket or travel on an alternative flight
at the earliest opportunity. This lets a passenger continue his or hers journey;

financial compensation depending on the length of the flight and the delay in
arrival caused by taking an alternative flight;

minimum care in the form of free telephone calls, meals and refreshments and
hotel accommodation.

In 1998, moreover, the Commission proposed an amendment to this regulation. As
well as raising the amounts of financial compensation to take account of economic
charges, it proposed extension of the regulation to non-scheduled flights, inclusion of
new forms of ticketing and information on the rights of passengers denied boarding.
It has also adopted an important amendment from the Parliament, to widen its scope
to cancellation of flights for commercial reasons. While the Member States support
the Commission’s proposal, agreement by the Council has been blocked for
unrelated political reasons. Once the amending regulation is adopted, passengers
denied boarding will be well protected, unlike those suffering delays.

in that

the airline is always responsible for
There is a difference, however,
overbooking but not for delays. Leaving aside force majeure, delays may be caused
by airports, air traffic managers and other service providers, as well as airlines. The
obvious solution would be for the airline to assist and compensate the passenger and
then reclaim the cost from other service providers when it itself was not at fault. At
the present time, however, this would encounter two difficulties. First, identification
of the cause of a delay may be difficult, particularly when it is an effect of earlier
delays. Second, a chain of contracts is lacking between airlines, airports, air traffic
managers and other service providers that would allow an airline to reclaim costs.
The Commission accepts that
in these circumstances it would be technically
impossible to legislate on financial compensation for delays, but will reflect on how
to overcome these difficulties.

There remains the question of assistance to delayed passengers so that they can
continue their journeys as soon as possible. In the Commission’s view,
is
unacceptable for airlines to leave passengers stranded for many hours, when they
have undertaken to use their best efforts to carry them “with reasonable dispatch”
and have accepted payment to provide such a service. It therefore intends to propose
legislation requiring airlines to offer a passenger delayed for more than a few hours
at a Community airport the choice of: either reimbursement of relevant part of the
ticket or an alternative flight to his or hers destination at the earliest opportunity. This
would help delayed passengers on their way. In addition, neither cancellation of a
flight nor failure to fly one leg because of delays should be used as a pretext for
annulling the whole ticket. This too should be covered by legislation.

it

Minimum care for delayed passengers is somewhat different. European airlines could
make commitments to assist delayed passengers under a voluntary code. This would
have the advantage over legislation of allowing airlines to find the best solutions and
to compete in the service offered to delayed passengers. Some airlines might offer
full care; others, particularly low cost carriers, considerably less. So long as they
were given adequate information, passengers could choose what best met their needs
and their purse. However in some circumstances delays may cause travellers severe
difficulties, for example when they last overnight or when small children or people

17

48.

7.

49.

50.

with special needs are involved. The Commission will consider whether to cover
such cases in legislation. Finally, passengers may be delayed before check-in; then it
is the responsibility of the airport to look after them, and airports could include such
essential care in their voluntary code.

Two other measures would greatly help passengers. One is rapid information on the
cause and expected length of delays as soon as they occur (and similar information
on overbooking and cancellation of flights). Airlines could include this in a voluntary
code – see section 5. The other is comparison of airlines’ records for punctuality,
which the Commission intends to make in its planned report on punctuality
indicators – see the following section.

So that delayed passengers can continue their journeys under good conditions, the
Commission will propose legislation giving them the right either to reimbursement
of the ticket or to an alternative flight at the earliest opportunity (2001).

In order to minimise the inconvenience of delays to passengers, the Commission will
promote the inclusion of adequate care among airlines’ voluntary commitments to
improve service quality (2000-2001).

CONSUMER REPORTS

To make good choices between airlines, both in general and on specific routes,
passengers need information on the performance of different airlines. This would
enable them to make well-informed comparisons of performance and so select the
airline with the best record of service. Furthermore, making this information widely
known would give a strong incentive to airlines to compete on service quality, so
raising standards across
the United States
administration has published monthly consumer reports, whose results are widely
reported. These reports compare the performance of the ten major carriers in terms of
punctuality20, proportion of baggage mishandled, proportion of passengers denied
boarding because of overbooking, and number of complaints with their causes. They
rank airlines by their performance under each heading in a way that is easy to
understand.

the industry. For

some years,

A Community initiative to set up similar reports would benefit European passengers.
Judging from experience in the United States, they would not only allow consumers
to make informed choices but also stimulate airlines to achieve higher levels of
service. As announced in its communication on a single European sky,
the
Commission intends to publish monthly punctuality reports and will propose
legislation to obtain the necessary date from airlines. These reports could also cover
other aspects of service quality, such as:
the proportion of passengers denied
boarding because of overbooking or cancellation of the flight for commercial
reasons; incidents of delayed, lost or damaged baggage; the level of complaints and
their reasons; and possibly the proportion of seats sold at the lowest fare. Airlines
would be ranked by their performance according to the different indicators and, if
possible, overall. After discussing the exact indicators with interested parties, the
Commission will propose the legislation needed to obtain the statistics. While aware

20

Overall, by airport of arrival and departure (broken down by time of day), by major links between cities

18

that airlines may consider this an additional burden, it believes that such indicators
are a common management tool and the data should be readily available within
companies.

In order to give passengers the information they need to make will-founded choices
among airlines, the Commission will propose legislation to require airlines to submit
the data necessary for it to publish regular consumer reports (2000).

8.

51.

52.

53.

COMPLAINTS

Passengers address complaints to airlines, as the organisations with which they have
contracts; it is their responsibility to respond and to settle them. Dissatisfaction and
frustration with the handling of complaints emerged from the consultation process,
and passengers' and travel agents' organisations advocated the overhaul of
procedures. Under a voluntary code, European airlines could commit themselves to
to creating
adopting simple, standardised procedures for
effective systems for treating them, and to responding within a short time. They
could also clearly inform passengers of the office to which they should send their
complaints, as they are often at a loss about how to proceed.

lodging complaints,

Even with such improvements, airlines and passengers will disagree about
the
settlement of some complaints, and it is often not worth a passenger’s while to take
in a mechanism for settling
the matter to court. Both sides have an interest
disagreements out-of-court,
for example through alternative dispute resolution
(ADR). One option would be for national authorities or the Commission to intervene
as mediator in order to facilitate settlement, but this would be a heavy and clumsy
process. A better solution would be for European airlines to create a system for
settlement to which either side could apply. This should follow the principles set out
in the Commission's recommendation21 on out-of-court settlements of consumer
disputes: independence, transparency, adversarial principle, effectiveness, legality,
and liberty of representation.

Settlement of disputes becomes more complex and costly when the consumer resides
in one Member State and the airline is established in another. One solution would be
for European airlines to set up a single out-of-court settlement scheme for the
Community as a whole, after consultation with passengers’ and consumers’ interests.
Another possibility would be for separate national separate schemes to be established
in each Member State and for cross-border complaints to be transferred via the
European Extra Judicial Network (a Community-wide network of bodies for out-of-
court settlement of consumer disputes.22 The Commission intends to discuss the
different options with the interested parties and promote a generally acceptable
solution.

The Commission will promote the inclusion of simple procedures for lodging
complaints and of a mechanism for settling disputes out-of-court among airlines’
voluntary commitments to improve service quality (2000-2001).

21

Commission Recommendation N°. 98/257/EC of 30 March on the principles applicable to the bodies
responsible for out-of-court settlement of consumer disputes, O.J. L 115, 17.04.1998

19

9.

54.

55.

56.

10.

57.

58.

22

23

REPRESENTATION OF PASSENGERS

At present, strong representation of passengers' interests is lacking at Community
level and in various Member States, which is an undoubted weakness in the
protection of their rights. Clear and firm expression of passengers' interests would
balance the voice of airlines and airports, and ensure that policy paid full attention to
the view of all sides. It would also help the development of voluntary commitments
by airlines and airports to improve services - they need an effective counterpart to
express demands, constructively criticise proposals and support solutions satisfactory
to all parties. Moreover, passengers' organisations with some resources could help
monitor the observance of such commitments, assess how far airlines' contracts were
properly balanced and, if airlines and airports did not respect Community law, seek
injunctions to enforce compliance when the collective interests of consumers were
involved23.

At national level, representation of passengers is uneven. In some Member States,
specific organisations exist
in others consumer
organisations fulfil this role. The level of activity varies considerably, as do the
resources available for the job. A first step is therefore for Member States to promote
the establishment or reinforcement of representative organisations.

to represent air passengers;

the Community as a whole,

As for
the Federation of Air Transport Users
Representatives in Europe (FATURE) actively defends passengers’ interests but has
few resources and depends on national organisations for policy analysis and political
representation. The Commission will discuss with Member States and passengers'
and consumers' organisations how to strengthen representation at Community level,
including the possibility of financial support.

The Commission will discuss with Member States and passengers’ organisations
how to strengthen representation of passengers’ interests at Community level
(2001).

OTHER MEASURES

Sales and reservations via the internet: Travel agents, airlines and computerised
reservation systems (CRSs) are all currently competing for the consumer’s attention
by establishing internet web sites through which air transport services can be
purchased. These developments potentially offer consumers great opportunities to
compare prices and take direct control of their own travel plans. The airlines
themselves have so far largely developed web sites under their own brand names in
order to sell tickets direct to the public. However three groups of major air carriers
from the US, Europe and the Asia-Pacific region respectively have announced they
intend to build joint internet portals to secure a portion of the online market.

It will be important to monitor these ambitious plans by the major airlines and to
make sure that they do not make it more difficult either for smaller carriers to

Council Resolution on a Community wide network of national bodies for the extra-judicial settlement
of consumer disputes, 13th April 2000
Acting as “qualified entities” under Directive 98/27/EC of 19 May 1998 on injunctions for the
protection of consumers’ interests, O.J. L 166, 11.06.1998

20

59.

60.

61.

62.

distribute their products effectively or for consumers to obtain comprehensive
information about available services. The existing EC Code of Conduct for CRSs
requires the information that these systems provide through traditional travel agents
to be neutral and comprehensive. As internet-based travel agencies develop, the
Commission will examine the effects on the market, and conformity with both
competition rules and the Code of Conduct. It will assess whether the Code
adequately addresses any problems that may emerge.

the effects of code sharing on
Competition. The Commission will consider
competition, in particular in the context of individual proceedings. Under its review
of the block exemption for interlining in 2001, it will consider the impact of tariff co-
ordination on competition. Moreover, the Commission will study the competition
effects of frequent flyer programmes, in particular in the context of mergers and joint
ventures.

Several other issues were raised in the consultative process. Bankruptcy of airlines.
The Commission sees no special need to protect consumers against bankruptcy of
airlines as opposed to other financial risks, as the chance of bankruptcy is not
particularly high. In any case, Regulation 2407/92 on the licensing of Community air
carriers24 ensures financial soundness and various forms of protection already exist.
Moreover, IATA and the Group of National Travel Agents' and Tour Operators'
Associations within the EU (ECTAA) are discussing the creation of a guarantee
fund. This would pay for the reimbursement of tickets or alternative flights and be
financed by a modest levy on tickets. The Commission intends to see whether this
scheme gathers sufficient support to work and is consistent with completion rules,
before considering any other steps.

Safety of code-share partners. It would be quite unacceptable for code-sharing to lead
to passengers suffering lower levels of safety on the flights of partner airlines from
third countries than on those of Community carriers. There are calls for airlines to be
required to audit the safety of code-share partners, particularly carriers from third
countries. This would imply a shift of responsibility from the regulatory authorities
to airlines or,
if done by authorities in Europe, extra-territorial application of
Community safety rules. At present, Regulation 2407/92 provides that airlines must
obtain prior approval for leasing of aircraft, which cannot be given in the case of
leasing with crew unless safety standards equivalent to those of the Community
apply. The Commission holds that
these provisions apply to code sharing and
franchising, as well as to subcontracting, and will recall these obligations to Member
States.

Conditions in the aircraft cabin. Some experts have warned about the health effects
of low pressure, seat pitch and of cosmic radiation and about the risk of transmission
of disease. The responses to the consultative document showed wide agreement that
the extent and nature of any problems had first to be determined, by examination of
existing research and further work if needed. The Commission intends to set up
expert groups to scrutinise existing research and draw conclusions on risks for health,
in co-operation with the interested parties. It will also explore whether Community
measures could be taken to deal with disruptive behaviour by passengers ("air rage").

24

Council Regulation (EEC) N°. 2407/92 of 23 July 1992 on licensing of air carriers O.J. L 240,
24.08.1992

21

When considering possible Community measures
Commission will take full account of the principle of subsidiarity.

in the above fields,

the

Internet

The Commission will examine their effects on the market of sales and reservations via
the internet, and their conformity with competition rules and the Code of Conduct
for computerised reservation systems.

Competition

The Commission will consider the effects of code-sharing, in the context of individual
proceedings, and in interlining study the impact of tariff-co-ordination in its review
of the block exemption for interlining (2001).

Conditions in the aircraft cabin

The Commission will set up expert groups to scrutinise existing research on the effects of

cabin conditions and draw conclusions on risks to health (2001).

22

ANNEX 1

1.

Contract and conditions of carriage

Explanatory notes

The contract is essentially a binding agreement to supply and purchase a certain service at a
certain price, under a set of conditions. IATA has rules on contracts,
that apply to
international flights operated by member airlines. Contracts concerning domestic flights and
non-members, like charter companies and low-cost carriers, may differ.

IATA’s rules on contracts deal with the essence of the exchange, in particular the definition of
the service, the fare and the limitations on liability. Other terms are set out in “conditions of
carriage”, which form part of the contract. IATA has not adopted binding rules on conditions
of carriage, only recommendations (Recommended Practice 1724). Each member airline has
its own conditions, which may differ from the recommended practice; the latter in any case
gives airlines discretion in various areas. Like its rules on contracts, IATA’s recommended
practice applies to international flights provided by member airlines.

the Office of Fair Trading in the United Kingdom (OFT) has
Following a complaint,
questioned the conformity of Recommended Practice 1724 with Directive 93/13 on unfair
terms in consumer contracts and has asked IATA to amend the recommended practice.
Discussions continue between the two sides.

2.

Air carriers’ liability for death, injury and loss or damage to baggage.

The Warsaw Convention, as amended, sets limits to liability at a low level. In 1997 the
Community adopted a regulation establishing unlimited liability for death and injury, subject
to various conditions (Council Regulation (EC) N°. 2027/97 of 9 October 1997 on air carrier
liability in the event of accidents). Last year, a new international agreement was signed, the
Montreal Convention (Convention for the unification of certain rules for international carriage
by air); its terms are similar to those of the Community regulation except that it also covers
liability for baggage. The Montreal Convention has now to be ratified and the Community
regulation amended

23

List of organisations replying to consultative document

ANNEX 2

Member States and official organisations

Ministerio de Fomento (Spain)

République Française

Bundesministerium für Verkehr (Germany)

Department of Environment, Transport and Regions (United Kingdom)

Department of Public Enterprise (Ireland)

Ministry of Justice (Finland)

Finnish National Consumer Administration

Das Büro für Konsumentenfragen, Bündeskanzleramt (Austria)

Permanent Representative of Greece to the European Union

Bundeskammer für Arbeiter und Angestellte (Austria)

Det Kongelige Samfedsels-departement (Ministry of Transport of Norway)

Civil Aviation Authority (United Kingdom)

Air carriers

International Air Transport Association (IATA)

Association of European Airlines (AEA)

International Air Carriers Association (IACA)

European Regions Airline Association (ERA)

Air Transport Association of America

Arab Air Carriers Association

British Airways

Airtours International

Virgin Atlantic

Go Fly

Britannia Airways

Ryanair

Portugalia Airlines

Cyprus Airways

United Airlines

Braathens

Passenger and consumer organisations

Federation of Air Transport User Representatives in Europe (FATURE)

International Airline Passengers Association (IAPA)

European Consumers’ Organisation (BEUC)

24

Air Transport Users Council (United Kingdom)

Comitato Consumatori, Altro Consumo (Italy)

Unione Nationale Consumatori (Italy)

Comité des Usagers du Transport Aérien (France)

ANWB (Royal Dutch Touring Club)

Associação Portuguesa a defesa do consumidor (DECO)

Federação Nacional das Cooperativas de Consumo (Portugal)

Forbrugerradet (Denmark)

General Consumer Council for Northern Ireland

Travel agents

Group of National Travel Agents’ and Tour Operators’ Associations within the EU25 (ECTAA)
Guild of European Business Travel Agents1 (GEBTA)

Association of British Travel Agents

Airports

Airports Council International, European Region

Disabled peoples’ organisations

European Disability Forum

Disabled Peoples’ International, European Region

European Blind Union

European Association for Cochelar Implant Users

Royal National Institute for the Blind (United Kingdom)

Deutscher Blinden-und-Sehbehinderten verband e.V.

De Samvirkende Invalideorganisationer (Denmark)

DPI - Italia

IHD Airport Services
Disabled Persons Transport Advisory Committee (United Kingdom)26
Access to the Skies (United Kingdom) 2

25

26

Joint submission

Joint submission

25

Other

International Union of Aviation Insurers

Worldspan (travel information services)

European Cockpit Association

Aviation Health Institute (United Kingdom)

26

IATA: RECOMMENDED PRACTICE 1724
GENERAL CONDITIONS OF CARRIAGE

(1998 version)

ANNEX 3

Applicability:

Tickets:

Fares and charges:

Reservations:

Check-in/boarding

Refusal and limitation of carriage:

Baggage:

general
charter operations
code shares
overriding law
prevalence of conditions over regulations
requirement for valid ticket
period of validity
coupon sequence and use
name and address of carrier
general
applicable fares
taxes and charges
currency
reservation requirements
ticketing time limits
personal data
seating
service charge when space not occupied
reconfirmation of reservations

right to refuse carriage
special assistance
free baggage allowance
excess baggage
items unacceptable as baggage
right to refuse carriage
right of search
checked baggage
excess value declaration and charge
collection and delivery of checked baggage
animals

Schedules, delays, cancellations of flights: schedules

Refunds:

Conduct aboard aircraft:

cancellation, re-routing, delays etc.
involuntary refunds
voluntary refunds
refund on lost ticket
right to refuse refund
currency
by when ticket refundable
general
electronic devices
arrangements for additional services

27

Administrative formalities:

general
travel documents
refusal of entry
passenger responsible for fines, detention costs
etc
customs inspection
security inspection

Successive carriers

Liability for damage

Time limit action on claims and actions:

notice of claims
limitation of actions

28