Aviation Law
The revised air passenger rights framework requires embedding precise „timestamps“ across IT systems, customer service and claims portals. As implementing a time window as a preclusive time limit, an automatic payment deadline or a procedural trigger may have major legal consequences, this part of our newsletter provides a short analysis of key timestamps in the new regulation.
Dogmatic distinction: The „upon request“ requirement vs. automatic payment
The requirement to submit a claim within 9 months is dogmatically tied to the phrase „upon request“ in Articles 5(4) for cancellations, 6(4) for delays and 6b(3) for missed connecting flights. In these cases, the passenger bears the burden of actively approaching the carrier within 9 months.
For involuntary and also voluntary denied boarding, Article 4(2) and 4(4) no application is required. The carrier is subject to an automatic payment obligation without delay; at the latest within 7 calendar days. The passenger therefore does not have to submit a request to trigger the carrier’s liability.
The 14-days advance notice window for cancellation and rescheduling in Art. 5(5)
Article 5(5) defines the precise temporal limit for excluding compensation liability. If the carrier informs the passenger of a cancellation or a flight rescheduling exceeding one hour at least 14 calendar days before the scheduled departure date, compensation liability under Article 7 is entirely excluded.
When notice is given less than 14 calendar days before departure, compensation liability can only be avoided if alternative transport is offered with departure no more than one hour before the original scheduled time and arrival at the final destination no more than two hours after the scheduled arrival time. The carrier must substantiate and prove compliance with these conditions in case of a court claim.
The 3-hours rerouting offer window in Article 8(3)
To prevent indefinite uncertainty during travel disruptions, Article 8(3) establishes a strict deadline for rerouting offers by the carrier.
Once the passenger has informed the operating carrier of the decision to opt for rerouting at the earliest opportunity according to Article 8(1)(b), the carrier has exactly three hours to present a specific and comparable rerouting offer. If this window expires without a suitable offer, the passenger becomes entitled to self-reroute by booking alternative flights or alternative transportation.
For cancellations, Article 8(3) clarifies that the 3-hours period begins with the scheduled departure time indicated on the ticket. That supports the assumption that in other cases the information of the passenger’s decision is the relevant moment in time for the 3-hours window to commence the rerouting process.
Conclusion
Timestamp tracking and adjusting systems and procedures will be necessary for carriers – rather sooner than later. While the 9-months preclusive time limit in Article 7(9) is a big advantage for carriers in the new regulation, adjusting claims systems to that limit will be the next logical step. Moreover, carriers should implement timestamps into their systems to meet the 14-days threshold for passenger notifications – which is actually nothing new. But more importantly documenting the exact time when passengers declare to choose rerouting as an option is a new aspect to look into. Ensuring that passengers who were denied boarding will automatically receive their compensation will be necessary as well. Here automation will become essential while tracking the correct contact and payment details of the passengers will be a challenge and should be followed up at the latest when boarding is denied.
