DENIED BOARDING COMPENSATION (DBC)

Regulation 261/2004 came into force in February 2005. Its main effect was to increase the levels of DBC payable and to expand the regulation to cover delays in addition to denied boarding and cancellation. Following legal challenges, inaccurate posters were reissued by the European Commission and are now appearing in airports. Each EU Member State has a National Enforcement Body (NEB) - the Air Transport Users Council fulfils this role in the UK. The Commission has been looking at inconsistencies in the different Member States’ enforcement by NEBs and interpretation by airlines; NEBs and industry are working together to find a common approach. The Commission will then assess progress and might decide to make further revisions to the regulation.

Now that the above legislation and that on Persons with Reduced Mobility (PRMs) has been enacted, the Commission is turning its attention to similar passenger rights in the international maritime, rail and coach markets:

Coach.  A July 2005 consultation considered various aspects including liability, delays, PRMs, quality standards and complaints handling. A Regulatory Impact Assessment has been undertaken and a proposal is expected.

Maritime.  A June 2006 consultation considered the same aspects as coach and integrated ticketing. A proposal was expected at the end of 2007.

Rail.  The original Commission proposal was for cross-border services only but it has now been extended to domestic rail and requires the agent to represent the passenger’s interests.

ABTA’s Position

ABTA wishes to ensure that airlines comply with their obligations under the Regulations so that consumers obtain any appropriate refunds and compensation, but a balance has to be found when it comes to extraordinary circumstances such as long delays.

ECTAA is in discussion with the Commission on the other modes of transport.

Last updated: 8 April 2008