Adnkronos (Adnkronos) – Un volo viene cancellato, il biglietto è stato acquistato online e comincia il rimpallo: la compagnia aerea invita a rivolgersi alla piattaforma di prenotazione, l’intermediario rimanda al vettore e il passeggero resta senza soldi. È una situazione sulla quale l’Unione europea vuole intervenire fissando responsabilità più chiare e tempi precisi per i rimborsi, comprese le commissioni pagate al momento dell’acquisto.
Il Parlamento europeo ha approvato il 20 ottobre, con 652 voti favorevoli, 2 contrari e 8 astensioni, l’accordo sulle nuove disposizioni per rafforzare i diritti dei viaggiatori.
Il provvedimento riguarda aerei, treni, autobus e trasporti marittimi, ma introduce novità particolarmente rilevanti per chi compra voli attraverso agenzie online e piattaforme di prenotazione.
With the new rules, passengers will no longer have to navigate airlines, booking platforms, and customer service providers to obtain a refund. Intermediaries will be required to clarify refund procedures from the time of purchase, while complaints systems will become more uniform across the European Union.
Il testo interviene su un problema diverso da quello affrontato dalla riforma europea dei diritti dei passeggeri aerei, approvata dal Parlamento a luglio.
Quella revisione ha mantenuto le compensazioni per i ritardi superiori alle tre ore e introdotto nuove garanzie sui bagagli e sull’assistenza. Il voto di ottobre riguarda soprattutto la possibilità di far valere concretamente i diritti, anche quando il viaggio è stato acquistato attraverso un intermediario.
Tickets purchased online: who has to refund the money?
Quando un viaggiatore acquista un biglietto su una piattaforma, il pagamento può coinvolgere più soggetti.
Il portale gestisce la prenotazione, la compagnia aerea opera il volo e talvolta il denaro passa attraverso conti differenti prima di arrivare al vettore.
If the flight is canceled, this chain of events can complicate the refund process. The passenger may have to prove who collected the ticket price, what additional charges were applied, and who is actually responsible for the refund.
The new provisions aim to clarify these responsibilities. In the event of cancellation, when the passenger is entitled to a refund, the refund must also include intermediary fees, preventing part of the cost from being retained by the platform.
The standard timeframe is seven days. However, when the intermediary purchased the ticket by paying the airline through their own account, the refund to the passenger may take up to fourteen days to allow for the funds to be transferred along the payment chain.
For example, if a traveler purchases a €180 flight and pays an additional €20 in booking fees, the protection provided by the new agreement covers the entire €200 sum, in cases where the ticket must be fully refunded.
The platforms will also have to explain the applicable procedures before the customer completes the purchase. The airline, in turn, will have to disclose whether it collaborates with intermediaries in managing refunds.
Special rules apply to micro-enterprises, such as some small travel agencies, which may benefit from an exception under certain conditions, provided the customer is informed at the beginning of the booking.
Another measure concerns reservations made through automated systems that allow an intermediary to purchase tickets without clearly declaring their role to the airline. The new rules aim to prevent these practices by making it possible to identify the parties involved in the sale.
The goal is to prevent the lack of a transparent relationship between carrier and platform from resulting in additional difficulties for the passenger in the event of problems.
A European form for requesting refunds and compensation
The difficulties don't necessarily end when the traveler identifies the entity to which to submit the claim. Complaint systems vary from airline to airline and from one mode of transport to another, with different forms, procedures, and communication channels.
The agreement introduces standardized European forms for requesting refunds and compensation, which can also be used when traveling by train, bus, or ship. Passengers can submit their requests using these forms or equivalent procedures made available by the carrier.
It will be possible to use electronic channels, as well as traditional methods such as mail. This protection therefore also applies to those who don't regularly use digital applications or encounter difficulties with online procedures.
The main difference compared to the current rules lies in the accessibility of requests. Obtaining a refund shouldn't require knowledge of each operator's internal procedures, nor should it force the passenger to start over from a different system each time.
Refunds and compensation remain two distinct rights. The former consists of the refund of the ticket price when the conditions set by law are met. The latter is an additional sum awarded in certain circumstances, for example, in air travel when the arrival delay exceeds the expected threshold and there are no grounds for exemption.
The new forms do not automatically recognize all requests. They serve to simplify the process for passengers to exercise their rights.
The agreement also addresses the authorities responsible for monitoring compliance. National bodies will be able to use complaints, inspections, audits, and information requests to identify violations and take action against operators.
Cooperation between authorities in different countries becomes particularly important when the trip involves multiple countries. A ticket can be purchased on a platform based in one country, used for a flight operated by an airline from another country, and destined for a different destination.
The uniform application of European rules also depends on the ability of national authorities to exchange information and coordinate controls.
More protections for people with disabilities
Another part of the agreement concerns travellers with disabilities or reduced mobility, for whom transport accessibility does not depend solely on the ability to purchase a ticket.
The new provisions strengthen travel assistance guarantees and address in particular the role of companions.
When an airline requires, for safety reasons, that a person with a disability travel accompanied and is unable to provide the necessary assistance directly, the companion chosen by the passenger must be able to travel free of charge, sitting next to the person being assisted.
The measure aims to prevent a condition imposed to allow travel from turning into an additional cost for those in need of support.
The provisions also expand obligations regarding service quality standards. Existing rules already provide guarantees for assistance to persons with disabilities and reduced mobility; the agreement extends certain obligations regarding the definition and publication of standards to additional operators, including airlines and bus companies.
An evaluation of the application of the new rules is also planned within five years, to verify whether the interventions have actually improved travel conditions.
This issue directly affects the ability to use public transportation independently. A service may be formally accessible, but become difficult to use when information, adequate assistance, or clear procedures in the event of unforeseen circumstances are lacking.
Strengthening controls also aims to reduce the gap between the guarantees required by law and those actually offered by service providers.
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