This rule does not require airlines to include a link to the compensation form or a pre-filled form — two ideas pushed by Parliament but rejected by EU countries.
Criteria for extraordinary circumstances
The criteria was also revised for so-called extraordinary circumstances — cases in which airlines do not have to pay compensation to passengers for flights canceled or delayed because the disruption is outside carriers’ control.
EU policymakers agreed that this concept “should refer to events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond that carrier’s actual control.”
This means, for example, that if an airline cancels a flight because of an extreme weather event, it would only be required to refund the ticket to stranded passengers, who would not be entitled to any other compensation.
“Unexpected flight safety shortcomings on aircraft equipment” was excluded from the criteria. Parliament negotiators vetoed this wording because they considered it too broad, potentially covering most technical problems that, according to case law, fall under airlines’ responsibility.
Who gets paid?
Passengers claiming compensation on their own will receive the money directly, while claim agencies seeking compensation on behalf of passengers will also be able to continue to receive payments from airlines.
An earlier proposal would have made it possible only for a passenger to request compensation, threatening to put claim agencies out of business.
Parliament successfully pushed to keep compensation payable to intermediaries, which sometimes go to court to defend passengers.