PhD student: Mrs G.A. Hindriks

Promotors: Prof M.B.M. Loos, Mrs Prof C. Mak

Duration: 1/11/2018 - 31/10/2024

Abstract:

To what extent are equal passenger rights in case of delay or cancellation for all modes of transport (bus, boat, airplane and train) possible? European passenger rights for air travellers exist since 2004. In the years after 2004 regulations for passengers who travel by train, boat or bus were also adopted. The rights of the passenger in case of cancellation or delay differ, depending on the transport modality used. The air passenger who travels from Rotterdam to Rome is entitled to a compensation of a fixed amount of 400 when the plane arrives with a delay of more than 3 hours, unless there are exceptional circumstances. If the same journey is made by bus the passenger only receives a compensation in case of a delay of more than 2 hours on departure if the carrier did not give the passenger the choice between alternative transport or refund of the ticket price. If the bus passenger is entitled to compensation, the height is 50% of the price paid for the ticket. In case the passenger travels by boat or train another compensation regime applies. A gap in the current passenger rights regulations concerns protection in multi modal transport. If a passenger travels under a single contract but uses more than one transport modality, for example a train from Schiphol to Paris to fly from Paris to New York, this passenger is not protected under the current regulations if he misses his flight due to a delay on the train journey. A compensation regime for multi modal transport could lead to a high level of passenger protection and will adapt to current developments. Although the European Commission is positive about more equal competition between carriers and equal protection for passengers, the current regulations show large differences. To what extent are equal passenger rights for all modes of transport achievable? How can the differences in passenger rights in case of cancellation and delay for the different modes of transport be explained? Is a compensation regime for the passenger who uses multi modal transport needed and how could this be implemented? Would one Passenger Rights Acquis offer a solution for the existing compliance problems, which exist in particular in the Aviation Regulation, and at the same time meet the desire to move towards uniformity? What about the costs of passenger protection? What interests should be taken into account in addition to the interests of the carrier and the passenger?