The European Commission clarifies that passengers are entitled to refunds on cancelled flights even with high fuel prices. And no retroactive costs can be added to tickets.
With already 13,000 flights cancelled on the least profitable routes for airlines, on 8 May the European Commission adopted guidelines for the transport and tourism sector of the European Union to address the ongoing disruptions in fuel supply and the closure of certain air and maritime routes linked to the Middle East crisis. In particular, the guidelines focus on the aviation sector – refuelling obligations, fuel surcharges, airport slots, public service obligations and air passenger rights – addressing the impact of a potential jet fuel shortage should the conflict continue.
Passengers affected by flight cancellations continue to enjoy their rights. They are entitled to a refund, an alternative flight or return, airport assistance, and compensation for last-minute cancellations. Airlines may be exempt from paying financial compensation only if they can demonstrate that the cancellation was caused by extraordinary circumstances, such as a local fuel shortage. High fuel prices, however, should not be considered extraordinary circumstances, according to the Commission.
To ensure transparency in airline ticket pricing, the Air Services Regulation requires airlines to display final ticket prices in advance. This is to prevent passengers from facing unexpected costs. Therefore, retroactively charging additional costs such as fuel surcharges is not permitted. For holiday packages, the Package Travel Directive may allow organisers to increase the price retroactively, if stipulated in the contract and only under specific circumstances.
To help prevent the closure of certain routes, airlines may be exempted from the 90 per cent refuelling rule, namely the obligation for EU and non-EU airlines to refuel at European Union airports for at least 90% of their annual fuel requirements for flights departing from those same airports. The exemption from the rule applies when safety regulations require the carriage of additional fuel from the departure airport, which might otherwise prevent the airline from operating the next flight should fuel be insufficient at the EU destination airport. With regard to airport slots, airlines may be exempted, without penalties, from the standard obligations relating to landing and take-off slots due to fuel supply issues at airports.