Today, the European Commission has adopted guidance to the EU transport and tourism sector amid ongoing fuel supply disruptions and the closure of certain air and shipping routes linked to the Middle East crisis. The guidance focuses on aviation, addressing in particular the impacts of potential jet fuel scarcity should the conflict continue. The European Union Aviation Safety Agency (EASA) has also issued a Safety Information Bulletin to inform aviation and fuel supply stakeholders about the safe usage of Jet A aviation fuel in Europe.
Specifically, the guidance clarifies existing EU rules on fuel uplift obligations, fuel surcharges, airport slots, public service obligations, and air passenger rights.
• Passengers affected by cancellations continue to benefit from air passenger rights. They are entitled to reimbursement, re-routing, or return, assistance at the airport and compensation for last-minute cancellations. Airlines may only be exempt from paying financial compensation if they can prove that the cancellation was caused by extraordinary circumstances, such as a local fuel shortage. The Commission considers that high fuel prices should not be considered as constituting extraordinary circumstance.
• To ensure transparent pricing of air fares, the Air Services Regulation requires airlines to display final ticket prices upfront. This is to ensure that passengers are not faced with unexpected costs. Therefore, charging additional fees retroactively such as fuel surcharges is not allowed. For holiday packages, the Package Travel Directive may allow organisers to increase the price retroactively, if stated in the contract and only under specific circumstances. (....)