Transport, EU towards changes to passenger rights regulation

Transport EU towards changes to passenger rights regulation

(Finance) – The Chamber’s Transport Commission held today thehearing on the two proposals for regulations of the European Parliament and the Council relating to passenger rights in the context of multimodal travel and the application of passenger rights in the European Union.

“The proposed European regulations on passenger rights in the EU represent an important step towards more sustainable, inclusive and integrated mobility. However, their success depends on the ability to adapt them to the specificities of non-scheduled public transport, in particular for SMEs, which constitute the backbone of the sector in Italy. It is essential that adequate economic, technological and training tools are provided, as well as active involvement of companies, to guarantee the effectiveness and sustainability of the new regulations. Only with an inclusive approach coordinated it will be possible to create a transport system that responds to the needs of passengers, businesses and the community, while contributing to the environmental and social objectives of the European Union”. This is the indication expressed today in the hearing by representatives of Confartigianato and CNA.

According to the Confederations, the regulatory proposals entail challenges for non-scheduled public transport, in particular for the taxi and chauffeur-driven rental (NCC) sectors of cars and buses. For this reason they ask for the introduction of economic incentives and support programs for micro, small and medium-sized enterprises and a gradual application of the new rules, with evaluation parameters proportionate to the operational capabilities of the companies. In particular, the adaptation of vehicles to meet accessibility needs, for example for people with reduced mobility, requires substantial investments, which represent a challenge for SMEs. Likewise, the transition to low-emission vehicles, such as electric or hydrogen-powered ones, entails high costs for businesses.

Confartigianato and CNA highlight that the resources currently available to support these investments are insufficient and call for a increase in dedicated funds and tax incentives to encourage the modernization of fleets. Furthermore, it is essential that operators are adequately trained to manage new technologies and to offer an inclusive and ecologically responsible service.

Also in the promotion of multimodal mobility i taxi, NCC and bus sectors they can play a fundamental role, but they ask to be supported with a European fund dedicated to digitalisation and incentives for companies that invest in technological innovation. “The introduction of the new regulations will have a significant economic impact, especially on small businesses,” they say Confartigianato and CNA highlighting the need for a phased financing program that can cover a greater percentage of the initial costs for SMEs, particularly those operating in local and rural contexts.

“Furthermore – conclude the artisan Confederations – adequate support for training is necessary, with European and regional funds intended for the acquisition of the skills necessary to face the challenges of sustainability, inclusiveness and digitalisation. Also on the air flight side, in In the event of trip cancellation, it is essential to confirm the refund procedures to avoid inconveniences affecting passengers and/or intermediaries (travel agencies, …)”.

Also being heard in the House Fiavet Confcommercio. The legal advisor of the Federation, Federico Lucarelliexplained to the IX Transport Commission, the Fiavet Confcommercio proposals for transport in the community area. The central theme of the changes are i carriers’ refunds to passengers which essentially increase the information obligations of travel agents who are intermediaries in ticket sales. Given that the carrier is responsible for the contract with the passenger and not the intermediary, it becomes important to establish that the person responsible for the reimbursement is the carrier itself. On this basis according to Fiavet Confcommercio the relationship between airlines and travel agencies needs to be rethought which for too long has been based on rigid contractual dynamics imposed by IATA carriers which standardize commercial standards with travel agencies worldwide, often with tax logics that generate charges borne by the intermediation, setting fees for sales commissions that are increasingly low. The wording of the legislation – highlights Fiavet Confcommercio – should therefore restore the right value to travel agencies also by reinterpreting the contractual relationship between carriers and intermediaries according to negotiation and less taxing logic. Fiavet Confcommercio proposes that the deadline for making the reimbursement by the intermediary must start from the actual crediting of the refund by the carrier, to avoid waiting 7 days within which the carrier must transmit the amount to the intermediary and another 7 days for the intermediary to re-credit the amount to the passenger. Furthermore, in the legislation – underlines Fiavet Confcommercio – it is not explicitly indicated that the reimbursement must be pecuniary, and therefore lends itself to interpretations by carriers who could reimburse in vouchers or coupons, without the consent of the beneficiary, whether passenger or agent. of travel.

The establishment of a. is fundamental for Fiavet-Confcommercio Guarantee Fund for ticket buyers (travel agents can purchase many, for example for business travel, or groups) in the event of default of the carriers. Fiavet Confcommercio also notes that the regulations do not contain an express subsidiarity provision for the application of the package legislation. A modification would prevent the phenomenon according to which passengers who purchase a tourist package often do not turn to the non-compliant supplier, activating the liability of the travel organizer who in turn will have to activate the recourse action against the supplier with time, costs and greater complexity of litigation. The legislation also provides that the carrier can make the reimbursement through the travel agent, but this hypothesis is not expected to be conditional on a prior commercial agreement between the carrier and the travel agent.

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