The most important transport matters dealt with by ECTAA concern:
1. Air transport
2. Rail transport
3. Road transport
4. Maritime transport
Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
The Regulation establishes minimum rights for passengers when they are denied boarding against their will, their flight is cancelled or their flight is delayed. Depending on the circumstances, passengers are entitled to a combination of assistance (meals and refreshments, hotel accommodation if necessary, etc.), compensation ranging between 250€ to 600€ and/or a right to reimbursement or rerouting.
[ View summary of air passenger rights ]
[ View EU passenger rights information campaign ]
The Court of Justice of the European Communities has ruled in a number of instances on the interpretation of the various provisions of the Regulation, notably:
Following discussions between competent national authorities (National Enforcement Bodies, NEB) and stakeholders, the Commission published guidelines on the interpretation of the Regulation as well as a complaint handling procedure and form.
[ View guidance documents ]
Regulation (EC) No 2111/2005 of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC
The Regulation aims at reinforcing air safety within the Community and information to passengers by (1) establishing and publishing a Community black list of air carriers which, for safety reasons, are subject to an operating ban, and (2) informing passengers of the identity of the air carrier operating the flights on which they travel.
[ View obligations of tour operators and travel agents ]
[ View updated black list ]
Regulation (EC) No 1107/2006 of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when traveling by air
The above Regulation establishes rules to protect disabled persons and persons with reduced mobility against discrimination and to ensure that they receive appropriate assistance free of charge.
[ View video showing rights and obligations of disabled persons and persons with reduced mobility ]
Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents
Regulation (EC) No 889/2002 of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents
Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention)
The two Regulationsabove transpose into Community law the rules outlined by the Montreal Convention, which established the liability scheme of air carriers in cases of delay, damage to baggage, passenger injury and death.
[ View details of Passenger Protection Plan ]
ECTAA has been stressing to the European institutions the importance of introducing in European legislation a mandatory mechanism borne by air carriers to protect passengers against the bankruptcy of air carriers. During the legislative process for the adoption of the Regulation on air services, the European Parliament had introduced an amendment in this sense, but it was not retained in the final text of the Regulation. ECTAA reiterated its request to the European Commission in its response to a consultation on the implementation of Regulation 785/2004 on insurance requirements for air carriers. The European Commission commissioned another study on consumer protection against aviation bankruptcy, of which the results were made public in March 2009. In December 2009 it launched a public consultation regarding air passenger rights including passenger protection against airline failure.
[ View ECTAA position ]
[ View the full text of the 2009 study ]
[ View the executive summary of the 2009 study ]
Regulation (EC) n° 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community
This Regulation constitutes the recast of the third package for air transport liberalization in the Internal Market, which provides for a simplified and updated framework concerning the grant and oversight of operating licences of Community air carriers, market access, aircraft registration and leasing, public service obligations, traffic distribution between airports and pricing.
Concerning the price of air tickets, the Regulation provides an obligation on all operators to present an all inclusive price including the air fare, taxes, charges, surcharges and fees that are applicable, foreseeable and unavoidable at the time of publication of the price. It also provides for the specification of the composition of the price. It prohibits any discrimination with regard to the access to fares based on the nationality or the place of residence of the customer or on the place of establishment of the travel agent or ticket seller within the Community.”
Regulation (EC) N° 80/2009 of 14 January 2009 on a Code of Conduct for computerised reservation systems and repealing Council Regulation (EEC) No° 2299/89
Computerized Reservation Systems (CRSs) are systems that centralize fares of participating air and rail carriers and enable subscribing travel agents to provide instantaneous information on fares and availability to customers, to confirm customers' bookings and issue tickets.
The CRS code of conduct aims at guaranteeing that CRS operate in a transparent and non-discriminatory way, preventing distortions of competition in the air transport supply chain for air and rail transport.
CRSs must provide information on fares and availability in a neutral manner without bias. The CRS code of conduct prohibits carriers that can have decisive influence on a CRS from discriminating against other CRSs. The marketing data made available by CRSs, directly or through third parties, must not identify travel agents, corporate clients or travellers. The identification of a travel agent is however possible with the latter’s agreement.
Agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security.
Following the terrorist attacks of 11 September 2001, the United States require for security purposes that all European airlines give them access to the PNR data of their passengers on flights to or from the United States.
The European Union reached an agreement with the United States, covering the data items that should be transferred and the way in which the US authorities handle the collection, use and storage of those data, while taking into account the data protection requirements under EU law.
[ View Q&A information sheet prepared by the European Commission ]
A European Working Group on the protection of personal data has published an opinion on the information that should be communicated to passengers concerning the transfer of their PNR data to US authorities and recommended using a short and/or a long information notice.
[ View opinion of the Working Group ] [ View the information notices ]
Directive proposal on the use of PNR against terrorist offences and serious crime, COM(2011)32final
The Directive proposal provides for the collection of PNR for flights between the EU and third states. It puts obligations on carriers to transfer the data to national authorities. It refers to travel agents to inform passengers.
IATA Passenger Sales Agency resolutions and procedures
IATA accredited travel agents are subject to a set of rules, laid down in the Passenger Agency Programme, which are established by a conference composed of IATA member airlines (Passenger Agency Conference). ECTAA participates in IATA consultative bodies at global level to monitor and provide input on the developments of the Passengers Agency Programme.
The 2010 edition of the Travel Agent’s Handbook (TAH818g), as well as a separate information handbook on the Programme (TAH General Information) and the BSP Manual 2010 are be downloaded for from the IATA website - click on this link.
ECTAA has drafted an explanatory memo on Agent Debit Memos (ADMs) and the procedure to despite those ADMs – click on this link.
In 2002, ECTAA and the Guild of European Business Travel Agents (GEBTA) filed a complaint against IATA and the IATA member airlines to the European Commission, for infringement of European competition legislation in the Passenger Agency Programme. Following the introduction of changes in the Programme, ECTAA and GEBTA withdrew their complaint in December 2005.
[ View ECTAA press release ]
IATA accredited agents can refer to the Travel Agency Commissioner to settle disputes with IATA, BSP and/or an airline. See more details on the Travel Agency Commissioner’s website
Directive 2008/101/EC of 19th November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community.
As from 1 January 2012, all flights arriving at or departing from an EU airport will be included in the EU greenhouse gas emission trading system (ETS).
Directive 2009/11/EC on airport charges, COM(2006) 820 final
The Directive on airport charges defines a number of principles to be respected by airport operators when they determine their airport charges, such as non-discrimination between carriers and between passengers, consultation and remedy of airport users, transparency of airport charges, etc.
As a protection against the new threat of liquid explosives, the EU has adopted security rules that restrict the amount of liquids that passengers can take through security checkpoints. They apply to all passengers departing from airports in the EU whatever their destination.
[ View poster and Q&A provided by the EU ]
Regulation (EC) No 13171/2007 of 23 October 2007 on rail passengers’ rights and obligations
The Regulation introduces a set of rules for reinforcing and improving the rights and obligations of passengers in rail transport, such as compensation and assistance in disruptive events, rights of persons with reduced mobility, etc.
[ View obliations of tour operators and travel agents ]
Regulation (EC) No 561/2006 of 15 March 2006 on the harmonization of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85
The Regulation provides a common set of Community rules for maximum daily and fortnightly driving times as well as daily and weekly minimum rest periods for all drivers of road haulage and passenger transport vehicles, subject to specified exceptions and derogations.
Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004
The Regulation establishes rules as regards to rights of PRMs, rights of passengers in cases of cancellation or delay, minimum information to be provided to passengers , liability in the event of accidents for death or injury of passengers, as well as for loss of or damage to their luggage, etc.
Regulation n° 392/2009 of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents
This Regulation incorporates into European law the Athens Convention of 2002 on the carriage by sea of passengers and their luggage.
It applies to international carriage and to carriage by sea within a Member State on board specific ships.
The Regulation sets up the liability regime and maximum compensation amounts in case of death or personal injury as well as in case of damage to luggage. The carrier who actually performed carriage has also an obligation to make an advance payment of at least 21,000 € when death or personal injury was caused by a shipping incident. Carriers must also inform passengers on their rights under the new Regulation.
The Regulation shall apply from no later than 31 December 2012.
Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea or inland waterway
The Regulation introduces a set of rules for reinforcing and improving the rights of passengers when travelling by sea or inland waterway, such as non-discrimination between passengers with regard to transport conditions, compensation and assistance in disruptive events, non-discrimination and mandatory assistance for persons with reduced mobility, etc.