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Air passenger rights under threat, claims law firm

Proposed amendments to European regulations on compensation for flight delays stand to “impact negatively” on the rights of passengers, a specialist law firm claims.

The European Parliament is due to debate possible changes to EC regulation 261/2004 today (Wednesday), although there is likely to also be a second reading of the proposals in September.

However, today’s vote is seen as important in ensuring that amendments discussed are equally balanced between airline and passenger rights.

The proposed reforms suggest increasing the time before compensation can be claimed (from 3 hours to 3, 5, and 7 hours) and reducing the amount claimable on longer flights with the upper bracket moving from 3,500km to 6,000km.

The European transport committee has also proposed limiting the compensation amount to the cost of the ticket for passengers flying with budget airlines in a measure seen as potentially discriminating against those who cannot afford a high value ticket.

Personal injury law firm Bott & Co said: “We believe the proposed amendments will impact negatively on passenger rights. The current legislation is working across Europe and reducing the number of flight delays.”

Paul Hinchliffe, managing partner of the firm’s aviation department, said: “The only area of the existing flight compensation legislation that needs amending is the clarification of ‘extraordinary circumstance’.

“Our data proves that the number of flights delayed and cancelled have reduced since EC 261/2004 was introduced. The legislation as it stands – minus the extraordinary circumstance clarification – is fine and provides decent levels of protection for European passengers.”

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