Even if fuel prices were to rise, airlines would not be able to increase the prices of tickets already purchased. The European Commission has decided this with a package of guidelines that have been adopted by the EU executive to protect air transport, which has been hit hard by the Middle East crisis.
Essentially, those who have already purchased a flight ticket will not be subject to a retroactive surcharge for high fuel costs. The principle set out by Brussels is clear: fuel price increases cannot be passed on retroactively to passengers who have already purchased a ticket. Therefore, automatic surcharges applied by airlines, which will have to meet certain guidelines, will be abolished. Specifically, the Commission distinguishes between two very different scenarios.
Rules for compensation and refunds
A simple increase in fuel costs is not an "extraordinary circumstance" and is therefore not sufficient, in itself, to release airlines from their obligations to passengers. A local and current fuel shortage is another matter: in that situation, according to Brussels, a lack of kerosene can be considered an extraordinary circumstance.
The distinction is particularly important for those affected by a cancellation. If a flight is cancelled because there is no fuel available, the airline may be exempt from paying the financial compensation required by European regulations, which is up to 600 euros. However, this does not mean that passengers are left without protection: they are entitled to a ticket refund or re-routing, in addition to the assistance provided in the event of cancellation.
The key, for Brussels, is to prevent high fuel prices from becoming a shortcut to canceling unprofitable routes without consequences. If an airline cancels a flight simply because the cost of the plane's fuel makes it less profitable to operate, the passenger retains the right to claim the protections offered.
Cancellations and holiday packages
Package holidays deserve a separate chapter. In these cases, European regulations allow the organizer to increase the price if specific costs, including fuel, increase, but only if this option is clearly stated in the contract and never within the last 20 days before departure. If the increase exceeds 8% of the total price of the package, the traveler can cancel the trip without penalty.
In its guidelines, the Commission stresses that currently "the overall situation remains stable" and that there is no concrete evidence of fuel shortages. However, the situation could change if the conflict is prolonged, with possible disruptions to supplies, particularly for jet fuel. In April, Brussels announced a plan to monitor jet fuel stocks, explaining that a significant part of European imports pass through the Strait of Hormuz.
The Commission also clarifies the issue of airport slots. Airlines will not be able to avoid the rules requiring the use of at least 80% of the allocated slots simply because fuel costs are higher. Therefore, here too, price increases are not considered sufficient to justify automatic exemptions.
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