Airlines are making the pitch to Ottawa for looser rules around customer compensation ahead of an overhaul to passenger rights guidelines.
The EU code came into force nearly two decades ago, shored up by court rulings that require compensation even for trip disruptions caused by safety concerns, such as mechanical issues. No major accidents involving EU-registered planes have occurred in commercial aviation since 2015.
Proposed changes under the Air Passenger Protection Regulations would not exempt flight disruptions that are caused by “normal … technical problems” from cash compensation given to customers. However, big delays caused by “airport operational issues” or “hidden manufacturing defects” would be considered beyond the airline’s responsibility — and thus exempt from compensation — under the would-be reforms, most of which are still months away from being finalized.
Among the provisions slated to kick in next year are fees imposed on airlines by the transport agency to recover some or all of the cost of handling those complaints. If a passenger files one due to a flight disruption or denial of boarding, the reformed rules put the onus on the airline to prove the move was for reasons outside it’s control, such as bad weather.Article content
In Europe, compensation for flights of less than 1,500 kilometres are capped at 250 euros per passenger, or about $359 — far below the ceiling in Canada, where the rules factor in airline size but not trip length. The $1,000 cap takes an outsize toll on regional markets “that are in large part served by shorter domestic flights,” according to the Regional Community Airports of Canada.
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