15 Amendments of Phil BENNION related to 2013/0072(COD)
Amendment 116 #
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EC) No 261/2004 also applies to passengers that have booked their air transport as part of a package travel. However, it should be clarified that passengers may not cumulate corresponding rights, in particular under both this Regulation and Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours17 . The passengers should be able to 1 OJ L158, 23.6.1990, p.59 choose under which law they introduce their claims, but should not have the right to cumulate compensation for the same problem under both legal acts. Passengers should not be concerned about how air carriers and tour operators allocate such claims between them, and should be given the evidence necessary from air carriers or tour operators to finalise their claims without delay. __________________ 17 OJ L158, 23.6.1990, p.59
Amendment 136 #
Proposal for a regulation
Recital 13
Recital 13
(13) Passengers missing a connecting flight should be properly cared for while waiting for rerouting. In line with the principle of equal treatment, such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journeySuch passengers should be given clear information on liability of the carriers, in the event of damage to baggage during the journey, on differentiated baggage allowances, compensation for delays and rules between carriers as well as on adequate rerouting in case of travel disruption and missed connections, including intermodal rerouting.
Amendment 145 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 175 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) In order to improve passenger protection beyond EU borders, passenger rights should be continuously addressed in bilateral and international agreements.
Amendment 286 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5
Article 5 – paragraph 5
At airports whose annual traffic has been not less than three million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport and of airport users, in particular the air carriers and the suppliers of ground handling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations and/or delays of flights leading to a considerable number of passengers stranded at the airport, including in cases of airline insolvency or revocation of the operating licence. The contingency plan shall be set up in cooperation with the relevant national, regional or local authorities, to ensure adequate information and assistance to the stranded passengers. The managing body of the airport shall communicate the contingency plan and any amendments to it to the National Enforcement Body designated pursuant to Article 16. At airports below the above-mentioned threshold, the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations.
Amendment 309 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
In Article 6(2) the following point shall be inserted: (aa) five hours or more after the scheduled time of arrival for all journeys between 1500 and 3500 kilometres ;
Amendment 319 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
nine hours or more after the scheduled time of arrival for journeys to/from third countriefor all journeys between 3500 and 6000 kilometres;
Amendment 329 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
twelve hours or more after the scheduled time of arrival for all journeys to/from third countries of 6000 kilometres or more.
Amendment 368 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 261/2004
Article 6 a – paragraph 2
Article 6 a – paragraph 2
Where a passenger misses a connecting flight as a result of a delay to a preceding connecting flight, the passenger shall have a right to compensation by the Community air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the delay shall be calculated by reference to the scheduled time of arrival at the final destination.
Amendment 401 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
In Article 8(1), the following point shall be inserted: ba) continuation of the passengers' travel plans by re-routing them, through other modes of transport, to their final destination at the earliest opportunity; or
Amendment 403 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 4
Article 8 – paragraph 4
Where agreed by the passenger, the return flight or flights referred to in paragraph 1(a) or the re-routing referred to in paragraph 1(b), 1 (ba) or 1(c) may use services operated by another air carrier, involve a different routing, or use another mode of transport.
Amendment 409 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 261/2004
Article 8 – paragraph 5
Article 8 – paragraph 5
Where passengers choose the option referred to in paragraph 1(b), they shall, subject to availability, have the right to re- routing via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 125 hours of the scheduled arrival time. Notwithstanding Article 22(1) of Regulation (EC) No 1008/200823, the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months. __________________ 23 OJ L293, 31.10.2008, p.3 OJ L293, 31.10.2008, p.3
Amendment 536 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6d – paragraph 1
Article 6d – paragraph 1
Whilst air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried, they shall clearly indicate, at booking and at the check-in desks (including at self- service check-in machines), the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger's reservation, including any restrictions on the number of items that would be applied within a given maximum baggage allowance and any restrictions of airport purchases. Where additional charges are applied for the carriage of baggage air carriers shall clearly indicate details of those charges at booking and on request at the airport.
Amendment 555 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 2027/97
Article 6e – paragraph 2
Article 6e – paragraph 2
Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as hand luggage on a second seat. Such additional fare shall not be subject to the payment of the relevant airport departure tax. Where a second seat is purchased an air carrier should make reasonable efforts to seat the passenger and the musical instrument concerned together. Where available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. An air carrier shall clearly indicate in its terms and conditions the basis on upon which musical instruments will be transported and the applicable charges.