During 2010, the volcanic ash crisis truly put the area of air passengers’ rights (APR) to the test, including several aspects that directly affect the vast number of European consumers that travel by airplane every day. This report highlights and assesses the main APR issues throughout 2010 from the ECC-Net’s point of view and with a particular focus on the effects of the volcanic ash crisis.
Shortly after the volcanic ash crisis, a high number of affected passengers turned to airline companies, frustrated and dissatisfied with the general handling of their situation. The legal framework for air passenger rights, especially the application of Regulation (EC) 261/2004 and the concept of „extraordinary circumstances”, became the centre of discussions. The ECC-Net has a unique possibility to view and understand these issues and their impact, given their direct contact with consumers. Through this report it takes a closer look at the specific problems experienced by consumers during this period, as well as the responses from the air transport industry and the National Enforcement Bodies in charge of the application of the APR Regulation.
Besides the very specific difficulties of the volcanic ash crisis, passengers also encounter problems with lost, delayed and damaged baggage, reimbursement of taxes and charges, bookings/re-bookings, delays and denied boarding situations.
In 2010, the ECC-Net handled 71,292 cases, of which 44,000 were complaints.
The report shows, amongst other things, that:
• 33% of all complaints it received were in the area of transport. 57% of those concerned air passenger rights.
• Of the cases handled, 31 % reached an amicable settlement through i.e. mediation of the ECC-Net between consumer and airline.
• The average amount of money involved in successful cases was € 509, indicating the importance of an effective enforcement of air passengers’ rights where no amicable solution could be found.
• The amount of APR cases handled by the ECC-Net increased by 59% in 2010 compared to 2009, which is impressive compared to the increase of 27 % in total complaints. It indicates the impact of the volcanic ash crisis on the number of complaints.
• The ECC-Net sees a clear trend that the number of APR cases handled by the ECC-Net has increased annually.
• The ECC-NET identifies a need for more ADR (alternative dispute resolution) bodies and proper enforcement either through National Enforcement Bodies or European Small Claims Procedure. Difficulties with enforcement distort competition within the internal market, as some airlines comply, whereas others do not.
The report also shows the need for higher awareness amongst air passengers as they are generally unaware of their rights. As a result there is a strong demand for help and assistance. It also shows the importance of responsibility from airlines in this area.
Knowing your rights is good, being able to exercise them is better. This should be the case for all passengers, regardless of the airline they fly with or the country they depart from.
Skip to content
