New york header

Trump ends right to compensation for flight delays

How is Europe responding?

Donald Trump has signed a proposal that will effectively eliminate the right to compensation for delayed flights in the United States. By signing this agreement, he has aligned himself with the major airlines, resulting in passengers being left without recourse.

Market outweigh passenger rights

The previous administration under Joe Biden and Transport Secretary Pete Buttigieg sought to enhance the protection available to travellers. The proposal stipulated that airlines should be liable for compensation ranging from $170 to $220 for delays exceeding three hours. In the event of extended delays, this compensation could increase to $575 per passenger.

This was not acceptable to American airlines. They described this as a threat to their business operations and an undesirable interference in the free market. Trump adopted this position and abandoned the proposal.

He asserts that reduced government interference fosters a market environment in which airlines compete with each other to offer superior compensation schemes. However, there is little evidence that this is happening in practice.

Europe offers protection to American travellers

The United States is one of the few Western countries without clear rules for compensation in the event of delays. Airlines are only obliged to compensate travellers in the event of cancellations.

But there are exceptions; Americans are not entirely without protection in the event of delays.

Anyone flying from the US to the EU with a European airline is protected by EU Regulation 261. This means that they are entitled to €600 for a delay of 3 hours or more.

And, of course, all passengers flying from the EU to the US are protected by EU Regulation 261. This applies to all passengers, but also to all airlines, including American airlines.

As you may notice, it is thanks to Europe that American travellers still have some form of protection in the event of delays.

Heated debate in Europe

But make no mistake, our passenger rights are not a given. Here too, major parties want to restrict passenger rights.

The debate is not as intense as in the United States (i.e. Europe has no sole ruler), but the potential consequences are significant.

European institutions have divergent views on the extent to which passenger protection should be implemented. This has resulted in a range of proposals that are sometimes incompatible with each other.

European Parliament disagrees with Council

Last summer, the European Council presented a proposal that would impose significant restrictions on the rights of air passengers. One such example is the compensation for flights between 1,500 and 3,000 kilometres.

Travellers are currently entitled to €400 compensation following a three-hour delay for this distance. As per the new proposal, this would be reduced to €300 and only after a four-hour delay.

The European Parliament has expressed a differing opinion to that of the Council, and is in favour of strengthening these rights. It is calling for an increase in compensation, for example from 250 to 300 euros on short-haul flights.

urthermore, Parliament is keen to ensure that non-European airlines are held accountable for any compensation claims made by EU citizens.

The United States has chosen a course of action that prioritises the interests of airlines. Europe is now faced with the same decision. The question we must address is whether we are going to dismantle rights or protect travellers as originally intended.

Compensation rules keep airlines in check

We are in favour of stricter compensation rules. Following the introduction of compensation measures by the EU in 2012, there has been a notable enhancement in the conduct of airlines. It has been observed that the requirement to provide compensation ensures that airlines strive to ensure delays of less than three hours.

For instance, airlines are retaining greater levels of cash in reserve, a development that ultimately benefits passengers.

The outcome of the discussion will have a significant impact on millions of passengers. EUclaim is closely monitoring these developments and remains committed to advocating for robust and equitable rights for all air passengers.

You too have a say in this. Sign the petition and say NO to a deterioration of your rights!

Written by Jerrymie

Jerrymie Marcus got in touch with EUclaim due to a 4-hour delay. Through EUclaim, the marketing specialist received €600 in compensation.

More about Jerrymie
Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments
Questions? Live Chat!