In Europe, tough new rules favor fliers, annoy airlines

They’ve been hailed as the world’s strictest rules for air passenger rights, welcomed by consumer advocates and denounced by airlines.

What’s causing the fuss is a new law in Europe that raises penalties for “bumping” and requires carriers to compensate fliers for most delays and cancellations, even those caused by bad weather.

Passengers of all nationalities, including Americans, are covered by the law when traveling within Europe and, in some cases, on transatlantic flights.

The law, which went into effect Feb. 17, applies to the 25 member nations of the European Union, which stretches across much of Europe.

“The goal is to dissuade airline companies from engaging in practices, such as overbooking, that turn passengers into victims,” said Stefaan De Rynck, spokesman for transport policy at EU headquarters in Brussels.

Airlines mostly don’t dispute the bumping rules but say it’s unfair to hold them responsible for weather delays.

“It’s going to add to our costs,” said Anthony Concil, spokesman for the International Air Transport Assn., an industry group based in Geneva. “At the end of the day, someone pays.”

IATA and a group of low-fare airlines sued the EU to block the law. Their case, in the European Court of Justice, may take months to resolve. Meanwhile, the law is in force.

It applies to all flights, including charters, operated by European airlines from or to a European airport and to any flight departing from the EU. The law doesn’t cover flights by non-EU airlines that originate outside Europe.

That means, for instance, that an Air France flight from LAX to Paris is covered; a U.S. carrier’s flight on the same route is not. Both airlines’ flights departing from Paris are covered.

Confused? Don’t even ask about code sharing, in which airlines sell tickets on one another’s flights. (Hint: Look to the ticketing carrier.)

To find the EU rules, visit www.europa.eu.int (click on “Gateway to the European Union”). For a guide to U.S. rules, visit airconsumer.ost.dot.gov (click on “Travel Tips & Publications” and “Fly Rights”).

The EU protections are stronger in some cases than those in the U.S., weaker in others. Here’s my scorecard:

Bumping: This is also called involuntary denied boarding and occurs when an airline sells more tickets than there are seats.

Under U.S. rules, the airline must first offer money, free trips or other benefits to try to get volunteers to give up their seats, according to the U.S. Department of Transportation.

If that doesn’t work, the airline must reroute those denied boarding or refund their fares, plus pay up to $400 each, depending on the fare amount and how long they’ve been delayed.

The airline doesn’t have to compensate you if it gets you to your destination within an hour of your original scheduled arrival.

EU rules also require the airline to solicit volunteers “in exchange for benefits.” If that fails, it must reroute those denied boarding or refund their fares, plus pay them up to 600 euros each, or about $780, depending on flight distance and how long they’re delayed. You may also be owed meals and hotel stays, including transportation to the hotel. (The $780 cap is double the amount under previous EU law.)

The EU versus the U.S.? The EU has the edge. It sets a higher cap on compensation and throws in some extras.

Flight delays and cancellations: The DOT doesn’t regulate these situations. Each airline publishes its own policy in a “contract of carriage,” usually found on its website.

The policies vary. Typically they say the airline doesn’t have to compensate you, beyond refunding your ticket in some circumstances, if weather, labor strikes or any other condition that is unpredictable or beyond its control causes the delay or cancellation.

If the airline is at fault, as in a mechanical problem, the policy generally says it will try to get you on the next flight or refund your fare, and, depending on the length of the delay, may offer aid such as hotel or meal vouchers.

Under the EU laws, an airline must compensate you unless it can show that “extraordinary circumstances” caused the delay or cancellation. The burden of proof is on the airline.

Depending on how far in advance the carrier notified the passenger and the length of the delay, it may be required to offer the same compensation as for bumping, including money, meals and hotel stays.

“Extraordinary circumstance” is not precisely defined.

The term might, for instance, cover a bomb scare, an unannounced labor strike or “equipment failure that the airline couldn’t foresee,” said De Rynck, the EU spokesman.

Weather is a different matter.

“Fog or other weather conditions such as rain, storms, snow, etc., only rarely constitute exceptional circumstances,” according to the EU website.

De Rynck explained it this way: “Many companies have the technology to take off in fog.”

The EU, also on its website, charged that airlines “improperly” use weather as an excuse for delays -- which the carriers dispute.

You can appeal an airline’s decision on compensation to boards in each EU nation; however, at last report, only 15 governments had set these up.

The EU wins this round by default; some legal protection is better than none. But the EU law’s vagueness is, well, extraordinary. It’s also complex; I suggest you fly with an attorney.

Disabled travelers: In the U.S., the 1986 Air Carrier Access Act requires equal treatment for fliers with disabilities. The EU has no such law. It proposed one last month, but the approval process could take months. No contest here.

Code sharing: In the U.S., airlines that sell tickets on one another’s flights must disclose which carrier is flying the plane. The EU has no such law, although it proposed one last month. Again, no contest.

Hear more tips from Jane Engle on Travel Insider topics at latimes.com/engle. She welcomes comments but can’t respond individually to letters and calls. Write to Travel Insider, L.A. Times, 202 W. 1st St., L.A., CA 90012, or e-mail jane.engle@latimes.com.