Legal Alert | Reform of air passenger rights: what changes does Regulation (EU) 2026/2202 bring?

Key changes to Regulation No 261/2004

Compensation for long delays and schedule changes. The right to compensation for a long delay – defined as a delay in arrival at the final destination exceeding three hours – which has been established in the case law of the Court of Justice of the European Union (CJEU), is now explicitly enshrined in the Regulation. The delay is calculated in relation to the scheduled time of arrival at the final destination as indicated on the ticket. A change to the flight schedule may give rise to the same rights as a cancellation or delay.

The EU legislator is introducing a definition of ‘extraordinary circumstances’, which may serve as grounds for an air carrier to be exempt from liability towards passengers, for example in the case of a delayed flight. This term refers to events which, by their nature or origin, fall outside the normal course of a given air carrier’s operations and are beyond its actual control. The mere occurrence of extraordinary circumstances will not automatically exempt airlines from their obligation to pay compensation. The carrier will have to demonstrate that these circumstances caused a disruption and that it could not have been avoided despite the taking of all reasonable measures.

Delays on the tarmac. The carrier will be obliged to provide passengers with the necessary care in the event of a delay on the tarmac and to keep them informed of the situation. If the delay reaches two hours, the aircraft will have to return to the passenger boarding point, where passengers will be able to disembark.

Denied boarding and ‘no-show’ practices. The carrier will not be able to deny a passenger boarding on a return flight simply because they did not take the outbound flight covered by the same contract. Nor will it be able to charge an additional fee for this reason.

Free correction of booking errors. Reasonable corrections to spelling errors in booking details, which do not alter the time, date, route or passenger, will be free of charge for passengers. Correction of a clerical error will be permitted up to 48 hours before the scheduled departure.

Refunds, vouchers and changes to travel plans. The choice between a refund, a change to the travel plan or a later flight will be at the passenger’s discretion. A voucher in lieu of a cash refund will only be permitted with the passenger’s express consent, given on a durable medium. Any unused amount of the voucher is to be automatically refunded upon its expiry.

Boarding passes. The carrier will not be able to refuse to allow a passenger to board on the grounds that they are using a printed digital boarding pass or have not paid an additional fee for it. The printed boarding pass must be clear and machine-readable.

Personal items and hand luggage following the reform. Personal items (e.g. a handbag or small rucksack) will be carried free of charge. The new regulations introduce an obligation to present a ticket price that includes hand luggage (a wheeled suitcase). Airlines and travel agents will still be able to sell cheaper tickets without hand luggage, but this will not be the default option.

Informing passengers and handling claims. Carriers will be required to automatically inform passengers electronically of their right to compensation and how to submit a claim. This information will be provided within 96 hours of the end of the journey.

Recommendations

To prepare for the upcoming changes, organisations in the aviation sector should review their general conditions of carriage and baggage policies, and adapt their booking systems and communications with passengers. It is also recommended that they review contracts with intermediaries and tour operators with regard to the division of duties and liabilities.