Navigating the EU Air Passenger Rights Reform – Part 6: facilitating communication between the carrier and its passengers

General information notice under Article 14(1)

Under the amended Article 14(1) air carriers are required to publish a clearly legible general information notice on their websites and mobile applications. It must explicitly refer to passenger rights under the regulation, as well as the applicable complaint-handling procedures. To fulfil this obligation efficiently, the carriers and intermediaries may utilize the official summary of the regulation still to be prepared by the European Commission in all official EU languages.

Pre-contractual disclosures before ticket purchase under Article 14(2)

To ensure consumers make fully informed booking decisions, Article 14(2) requires comprehensive disclosures prior to the conclusion of an air transport contract. When offering flight tickets, carriers must explicitly inform passengers about the following categories:

• The exact nature of the offered tickets, specifically whether they constitute a single air transport contract or a combination of separate contracts.
• The specific rights and obligations of the passenger, carrier and intermediary attached to the contract, including reimbursement and complaint handling workflows.
• The applicable deadlines and procedures for requesting free of charge correction of spelling errors in passengers’ names under Article 12a.
• The complete carrier’s General Terms and Conditions governing the transport contract.
• The procedures and electronic contact details for retrieving personal items or hand baggage lost in the aircraft cabin under Article 11a.
• Direct contact details for obtaining immediate help and assistance in the event of a disruption.

Baggage allowances and pricing transparency under Article 11a

Article 11a introduces a significant shift for air carriers regarding baggage policy transparency and default price displays.

Passengers are entitled to bring one personal item (max. 40x30x15 cm) into the cabin free of charge, as well as one piece of hand baggage subject to cabin capacity limitations.

Whenever air fares are offered or published, fares that include an allowance for a piece of hand baggage must be displayed before the start of any booking process. This requires booking engines to present hand-baggage-inclusive prices while still permitting lower fares as an opt-out alternative.

Burden of proof, durable media and timestamps under Article 14(7)

Article 14(7) establishes strict formal standards for all digital communication between carriers and passengers.

The operating air carrier bears the full legal burden of proof to establish whether, when and how required information, notices, forms or boarding passes were provided to the passenger.

Whenever communications, offers or choices are transmitted electronically, they must be delivered on a durable medium and include a precise date and time stamp. In practice, that would mean that communication via e-mail with downloadable attachments or offering a saveable website would satisfy the required standards. However, it should be noted that airlines have to prove that these obligations are fulfilled in case of dispute.

Notification and statement of specific reasons for a disruption under Article 4(2), 5(1), 6(1)

In the event of a disruption, whether denied boarding, cancellation or delay, the regulation establishes immediate notification obligations.

Operating carriers must inform affected passengers immediately upon anticipating a disruption or at the latest by the scheduled departure time. Additionally, carriers are required to state the specific reason for the disruption without undue delay. Simultaneously, carriers must outline the specific statutory right applicable to the disruption scenario, including options for reimbursement, rerouting under Article 8, care under Article 9 and the procedure for requesting compensation under Article 7 or filing a complaint under Article 15a.

Micro-regulation in specific scenarios: tarmac delay information under Article 6a(1)

Article 6a(1) introduces a specialized communication obligation specifically for tarmac delays for ground waiting periods of more then 30 minutes.

During a tarmac delay, operating carriers are required to provide passengers with regular, real-time updates regarding the status of the flight. This illustrates the legislative tendency to micro-regulate every single step of the journey.

Exculpation standards: substantiated explanation of extraordinary circumstances according to Article 6c(2) and 7(9)

When an air carrier seeks to reject a claim for statutory compensation under Article 7 by invoking extraordinary circumstances under Article 6c, the following substantiation standards apply:

Under Article 7(9) the carrier cannot rely on generic or vague assumptions. It must provide the passenger with a clear explanation, including a concise description of how the extraordinary circumstance invoked meets the conditions of a direct causal link and all reasonable measures that were taken. The explanation must identify the exact event from the non-exhaustive list in Annex I or elaborate why a non-listed event qualifies as an extraordinary circumstance. The airline has to provide passengers with this information within 30 days after receipt of the request for compensation.

Possible sanctions for breaches of communication standards

Under Article 16 of the current regulation (EC) No 261/2004, Member States are required to take the necessary measures to ensure that the regulation is complied with and to provide for effective, proportionate and dissuasive sanctions for infringements. In Germany, breaches of the information obligations under Article 14 are currently expressly sanctioned as administrative offences under Sec. 108(2) No. 8 and 9 LuftVZO and Sec. 58(1) No. 13 LuftVG. This includes, in particular, the failure to provide the required information in the prescribed manner or within the prescribed time limits. The revised regulation will continue to require Member States to provide for sanctions, meaning that infringements of the information obligations will presumably remain subject to administrative sanctions in Germany. However, it remains to be seen which specific infringements will be sanctioned and to what extent. In any event, the German legislator will need to review and amend the national laws, as the current provisions of Sec. 108(2) LuftVZO refer specifically to the Article numbers and requirements of regulation (EC) No 261/2004. The changes to the structure and numbering of the revised regulation therefore require an update of the corresponding national provisions.

Strategic takeaways for carriers – means of communication

To remain compliant with the updated framework, air carriers must urgently update and streamline their communication with their passengers.

The carriers must establish fast and direct communication channels with passengers, for example by systematically recording mobile phone numbers or direct email addresses during the booking process, to be able to send real-time updates during disruptions. This will be especially challenging when booking are made via intermediaries or for example tour operators. Moreover, Article 14(7) explicitly prohibits carriers and intermediaries from requiring passengers to create a user account or download a mobile application as a requirement for receiving mandatory notices, disclosures or documents.

Carriers must therefore ensure that all legally mandated communication remains directly accessible and saveable.