Stakeholder Conference on Air Passenger Rights Federico Bonaudi Balancing passenger rights and the economic burden Brussels, 30 May 2012
Airports and « burden sharing » under Reg. 261/2004 � The meaning of « burden sharing »: Transfer of responsibilities � What kind of incidents /circumstances? > Denied boarding? Cancellation? Long delays? Due to whom? � What responsibilities? > Information? Care? Rerouting? Re-imbursement? Financial Compensation? � Airports have no specific liability under Regulation 261/2004 but.. > Whereas (8) > Article 13° > Montréal Convention > The day-to-day situation Passenger Rights. Update on Regulations 261/2004 and 1107/2006. 2
ACI EUROPE’s position on « burden sharing » � Oppose any transfer of responsibilities because : > It would create confusion around who is responsible for the welfare of passengers at a particulat time and during particular events; > International conventions and EU legislation are based on the principle that a passenger’s primary relationship is with the air carrier, from whom they have entered into a contract and payment; > Inserting another party into this relationship will only add to confusion for passengers, undermining the purpose of the regulation. What legal basis? (cannot be a contractual one); > This principle is supported by whereas (8) and article 13°of Regulation 261/2004; Passenger Rights. Update on Regulations 261/2004 and 1107/2006. 3
ACI EUROPE’s position on « burden sharing » � Oppose any transfer of responsibilities because: >The role of airport managing bodies is to welcome aircraft and their passengers by providing them with public areas and gates (part of a scheduled agreement with carriers). Landing, take-off, parking and lightning are not covered by contractual agreements (regulated activities); >In the case of « extraordinary circumstances » like heavy snow, airport managing bodies are therefore not responsible for possible delays due to GH services, technical problems or congestion at runway level. Also,the right to take-off or landing is granted by ANSP. In these cases, financial compensation is not due and airports are –many times – left alone with the burden of the assistance; >In the case of disruption of air traffic, airport managing bodies (and Ground handlers and ANSP) are deprived of ALL aeronautical revenues, while air carriers have already sold the tickets; >Some carrier already levy a €2 tax to provide for assistance under this regulation; Passenger Rights. Update on Regulations 261/2004 and 1107/2006. 4
ACI EUROPE’s position on « burden sharing » � Oppose any transfer of responsibilities because: > In any revision of the regulation, the European Commission should take into account the European Parliament’s « Report on the functioning and application of established rights of people travelling by air » that deleted the mention to « burden sharing » and replaced it by « enhanced co-operation and coordination between the different actors.. » (paragraph 45); > When the airport managing body is responsible for any kind of disruption, air carriers have the right to redress. However, in practice airports and airlines often MUTUALLY agree not to sue each other; > Finally, airport managing bodies ARE ALREADY SHARING THE BURDEN … Passenger Rights. Update on Regulations 261/2004 and 1107/2006. 5
How do European airports « share the burden »? Passenger Rights. Update on Regulations 261/2004 and 1107/2006. 6
THANK YOU www.aci-europe.org www.airportcarbonaccreditation.org
Recommend
More recommend
