Airlines cannot retroactively increase ticket prices or refuse compensation for cancelled flights solely because of higher fuel prices, the European Commission said Friday in new guidelines issued for the EU transport and tourism sectors.
The measures were adopted in response to ongoing fuel supply disruptions and the closure of some air and maritime routes caused by the crisis in the Middle East.
“Today we adopted new guidelines aimed at supporting the EU transport and tourism sectors affected by the crisis in the Middle East,” European Commission spokesperson Anna-Kaisa Itkonen told reporters in Brussels.
The guidelines are mainly focused on aviation, she said.
The guidance also clarifies existing EU rules on air passenger rights, airport slots, refuelling, fuel surcharges and public service obligations.
German airline Lufthansa has cancelled 20,000 short-haul flights through the end of October in an effort to save more than 40,000 metric tons of fuel, while other carriers have taken similar measures.
Consultancy Energy Aspects estimates that if the Strait of Hormuz remains largely closed, Europe’s aviation fuel stocks could shrink by 230,000 barrels per day this quarter.
However, the Commission said airlines are cancelling flights primarily because of fuel costs rather than actual shortages. As a result, carriers will be exempt from paying financial compensation only in cases of extraordinary circumstances caused by fuel shortages, not by high prices.
Airlines must also continue complying with EU rules on cancelled flights, including informing passengers in advance and offering rerouting or alternative travel options.
“There is a deadline by which airlines must inform passengers. I believe it is two weeks,” Itkonen said. “The guidelines also state that airlines must inform passengers about cancelled flights and offer rerouting or other options. But passengers must know well in advance.”
The Commission also warned airlines against changing ticket prices after bookings have already been made.
“If airlines change the ticket price after the booking has already been completed, this may raise issues under EU rules on unfair commercial practices,” Itkonen said.
Under the guidelines, tour operators may increase package travel prices by up to 8% without the traveller’s consent if this is included in the contract and directly linked to rising fuel costs. If the increase exceeds 8%, travellers have the right to terminate the contract without penalty.
The Commission also agreed to allow European carriers to use Jet-A aviation fuel, a standard commonly used in the United States that differs from the Jet-A1 fuel typically used in Europe.
In addition, airlines may be exempted from the EU’s 90% refuelling requirement, and carriers will not face penalties for failing to use airport slots because of disruptions such as fuel shortages, the Commission said.
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