Collective Commentary about the New Package Travel Directive

ARTICLE 1 | F. JAVIER MELGOSA ARCOS 55 the development of the Internal Market, strengthen economic and social cohesion and connect island regions and the European Union with neighbouring countries. c) Air transport. Regularly, in cases of air transport, the carrier has sold, either through their own travel agencies or through authorized tour operators, a number of confirmed seats for a flight that exceed those that are actually available in the aircraft. If all passengers take the flight, some of them will not be able to board the plane since there are more passengers than seats. This practice is known as ‘ overbooking ’. Regulation 261/2004 applies to passengers departing from an airport located in a Member State subject to the provisions of the Treaty, and to passengers flying from an airport located in a third country, to one situated in a Member State subject to the provisions of the Treaty, unless they enjoy benefits or compensation and assistance in that third country, when a Community carrier operates the flight. When an operating air carrier reasonably expects to deny boarding on a flight, it,may first call for volunteers to surrender their reservations, in exchange for benefits under conditions to be agreed between the concerned passenger and the operating air carrier. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will. In this case, the operating air carrier has to compensate and assist them immediately. In case of a flight cancellation, the operating air carrier must offer the passengers concerned assistance. The passengers concerned have the right to compensation by the operating air carrier unless they are informed of the cancellation before the scheduled time of departure and/or are offered re-routing. Operating air carriers will give priority to persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. The ‘boarding compensation’ to passengers ranges from EUR 250 for all flights of 1500 kilometres or less; EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres; and EUR 600 for all flights not falling under the two previous sections. Finally, regarding air transport, Regulation (EC) 1107/2006 of the European Parliament and of the Council, of 5 July 2006, concerning the rights of disabled persons and persons with reduced mobility when travelling by air should be taken into account.