Ombudsman: Commission should correct information on air passenger rights

The European Ombudsman, P. Nikiforos Diamandouros, has called on the European Commission to correct inaccurate and misleading information contained in leaflets, posters and a video presentation on air passenger rights. This follows a complaint to the Ombudsman from two airline associations. They criticised the information provided by the Commission on the rights of travellers to compensation and assistance in the event of denied boarding, cancellation of flights or long delays. Although the Ombudsman did not find all the complainants’ allegations to be justified, he identified certain inaccurate and misleading statements in the information material and asked the Commission to correct them.

The Commission has until 31 March 2007 to respond to the Ombudsman’s draft recommendations. Given the high degree of public interest in the case, the Ombudsman feels it useful to outline the basis and scope of his findings at the present stage of the inquiry.

The inquiry

In February 2005, new EU rules entered into force in the area of compensation and assistance to air passengers in the event of denied boarding, cancellation of flights or long delays. The Commission published leaflets, posters and a video in order to inform travellers about their rights.

In April 2005, the International Air Carrier Association and the European Regions Airline Association complained to the Ombudsman that the information material published by the Commission contained a number of statements that were inaccurate and misleading.

The Commission responded that the aim of the information campaign was to present air passengers’ rights in a language that all people can understand. The material thus constituted a summary of the complex Regulation concerning this matter. According to the Commission, no error had occurred that could harm the interests of the public or the airlines concerned.

One of the statements in the leaflets and posters reads: «If you are denied boarding or your flight is cancelled, the airline operating your flight must offer you financial compensation and assistance». The Ombudsman considers that this sentence wrongly suggests that compensation has to be paid in every case where a flight is cancelled.

The Ombudsman also agrees with the complainants that a statement in the video that «Immediate and automatic compensation will be paid for delays, cancellations and overbooking» is inaccurate as compensation never has to be paid in respect of delay, and where compensation is payable for cancellation and overbooking, it does not have to be paid immediately.

The Ombudsman accepts that the information material provided by the Commission could not be expected to be complete, but considers that the information given must be accurate. The Ombudsman therefore asks the Commission to correct as soon as possible the inaccurate and misleading statements identified in his inquiry.

To read the draft recommendations, please go to

http://www.ombudsman.europa.eu/recommen/en/051475.htm

http://www.ombudsman.europa.eu/recommen/en/051476.htm

EO/07/1

10 january 2007

Source : Europa