18 Amendments of Dominique RIQUET related to 2013/0072(COD)
Amendment 112 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 113 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Booking, payment for and confirmation of a ticket within the meaning of this Regulation shall constitute a commitment binding on both parties (passenger and air carrier). That being the case, and unless the parties specifically agree otherwise: - any passenger who does not present him/herself for boarding in keeping with Article 1(2)(a) and (b) of this Regulation shall forfeit the rights attached to his/her ticket for the flight concerned; - all air carriers are must honour their undertakings (date, time and place) in respect of passenger boarding, except in the extraordinary cases set out in this Regulation.
Amendment 114 #
Proposal for a regulation
Recital 6
Recital 6
(6) Regulation (EC) No 261/2004 also applies to passengers that have booked their air transport as part of a package travel. However, it should be clarified that passengers may not cumulate corresponding rights, in particular under both this Regulation and Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours17. The passengers should be able to choose under which law they introduce their claims, but should not have the right to cumulate compensation for the same problem under both legal acts. Passengers should not be concerned about how air carriers and tour operators allocate such claims between them. __________________ 17 JO L 158 du 23.6.1990, p. 59(Does not affect the English version).
Amendment 159 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure that the damage to or loss of mobility equipment is compensated to its full value, air carriers should offer free of charge to persons with reduced mobility the opportunity to make a special declaration of interest, which pursuant to the Montreal Convention, allows them to seek full compensation for loss or damage. Air carriers should inform passengers of this declaration and the rights attaching to it whenever they make a ticket booking.
Amendment 162 #
Proposal for a regulation
Recital 28
Recital 28
(28) Passengers are sometimes confused about the baggage they are allowed to take on board, in terms of dimensions, weight or number of items. In order to ensure that passengers are fully aware of the baggage allowances included in their ticket, both for cabin and hold baggage, air carriers should clearly indicate these allowances at booking and at the airport. When an airline company has authorised baggage to be carried as cabin baggage at the time the passenger registers at the check-in desk at the airport, it cannot refuse to carry that baggage in the cabin, unless it transfers it free of charge to the hold.
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d
Article 1 – paragraph 1 – point 1 – point d
Regulation (EC) No 261/2004
Article 2 – point 1
Article 2 – point 1
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 261/2004
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
In Article 4(3) the following paragraph shall be inserted: (aa) A passenger may be denied boarding against his/her will only on grounds of flight, passenger or crew safety or security, or extraordinary circumstances such as those specified in the annex to this Regulation. In all cases, the motives shall be clear and made known to the passenger in writing. A passenger holding a valid ticket, however, may not be denied boarding for any other reason, including: - where the passenger is a person with reduced mobility within the meaning of Article 2; - where the flight in question has been overbooked; - where the passenger is using a return ticket for which he/she did not undertake the outward journey.
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 261/2004
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 261/2004
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
Amendment 312 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 327 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 349 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 5
Article 6 – paragraph 5
Subject to safety constraints, where a tarmac delay exceeds one hour, the operating air carrier shall provide free of charge access to toilet facilities and, drinking water and food, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of fivetwo hours, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or security- related reasons why the aircraft cannot leave its position on the tarmac.'
Amendment 387 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 3
Article 7 – paragraph 3
The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques, as the passenger prefers.
Amendment 395 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 261/2004
Article 7 – paragraph 5
Article 7 – paragraph 5
The air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions set out in paragraph 1, provided that this agreement is confirmed by a document signed by the passenger which reminds the passenger of his rights to compensation under this Regulation. The air carrier shall give the passenger clear information about said rights to compensation, before the signature of a voluntary agreement.
Amendment 522 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 2027/97
Article 3 – paragraph 2
Article 3 – paragraph 2
The Community air carrier shall provide a complaint form at the airportensure that its check-in and embarkation desks and/or its airport contact staff can supply complaints forms which allows the passenger to immediately submit such a complaint about damaged or delayed baggage. Such a complaint form, which may take the form of a Property Irregularity Report (PIR), shall be accepted by the air carrier at the airport as a complaint pursuant to Article 31(2) of the Montreal Convention. This possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given by the Montreal Convention.
Amendment 577 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point iii
Annex 1 – paragraph 1 – point iii
security risks, acts of sabotage or terrorism, violent political conflicts or wars rendering impossible the safe operation of the flight;
Amendment 579 #
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point iv
Annex 1 – paragraph 1 – point iv