Changes from adopted text to adopted text

Removed1. In the case of a disruption, the following compensation amounts shall apply under the conditions defined in Articles 4, 5, 6 or 6a and in this Article:

Removed(a) 300 EUR 300 for all intra-Union journeys and for journeys of 3 5001 500 kilometres or less; [Am. 100]

Removed(b) 500 EUR 400 for all for journeys above 1 500 km and up to 3 500 kilometres.km; [Am. 101]

Removed(ba) EUR 600 for all journeys above 3 500 km; [Am. 102]

RemovedBy way of derogation from point (a), for journeys between outermost regions and another territory of a Member State to which the Treaties apply, the compensation amounts shall be determined on the basis of the actual distance of the journeys. [Am. 103]

Removed1a. Every three years, the Commission shall adopt a delegated act automatically adjusting the amounts of compensation referred to in this paragraph to the combined overall inflation rate of the three preceding years based on the European Index of Consumer prices published by Eurostat pursuant to Regulation (EU) 2016/792*. [Am. 104]

Removed2. In the case of a delay at arrival after rerouting following a cancellation under Article 5, a delay at arrival under Article 6 or a delay at arrival after a missed connecting flight under Article 6b, the right to compensation shall arise for delays at arrival of more than:, or following a loss of time under Article 6, paragraph 3a, of three hours or more, regardless of the distance of the journey. [Am. 105]

Removed(a) four hours for all intra-Union journeys and for journeys of 3 500 kilometres or less; [Am. 106]

Removed(b) six hours for journeys above 3 500 kilometres. [Am. 107]

Removed3. In determining the distances for the purpose of this Regulation, the basis for the calculation shall be the distance between the initial point of departure and the final destination. In the case of a connecting flight, only the initial point of departure and the airport of the final destination shall be taken into consideration. Those distances shall be measured by the great circle route method.

Removed4. Where the passengers have chosen to continue thetheir journey pursuant to Article 8(1), point (b)points (a), (b) or (c), and a further disruption occurs during rerouting, the passenger’s right to compensation can only arise onceshall be upheld during the journey to thererouting to their initial point of departure or to their final destination. [Am. 108]

Removed4a. The compensation referred to in paragraph 1 shall be paid by electronic bank transfer to the account indicated by the passenger submitting the request. The operating air carrier and the passenger submitting the request may agree, on a durable medium, that the compensation be paid only by credit card or cash. [Am. 109]

Removed4b. The burden of proof to establish when and how the passenger accepted the agreement concerning the form of payment of compensation set out in paragraph 4a of this Article shall rest with the operating air carrier. [Am. 110]

Removed5. Requests for compensation under this Article shall be submitted by the passenger using the pre-filled common form sent by the operating air carrier within six months of the actual date of departure indicated one year from the date on which the flight was performed or was scheduled to be performed the passenger’s ticket. Within 14 calendarseven working days of the submission of the request, the operating air carrier shall either pay the compensation or provide the passenger with a justification for not paying the compensation in accordance with Article 5(5) or Article 6(6) and Article 6c, including, if applicable, a clear and substantiated explanation on extraordinary circumstances. Where the airport managing body activates its contingency plan, that deadline may be extended to 30 calendar days. [Am. 111]

RemovedWhere the operating air carrier does not pay the requested compensation, the passenger may submit a complaint in accordance with Article 16a.

Removed6. The compensation shall be paid in cash or, if agreed by the passenger in a signed document or any digital means on a durable medium, by other means.; [Am. 112]

Removed_____________

Removed* Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, p. 11).’;

Removed(9) Article 8 is replaced by the following:

Removed‘Article 8 Right to reimbursement or rerouting

Removed1. In the case of a disruption, passengersthe operating air carrier shall be offered, free of charge, the choice between the following options, without any further consideration and under the conditions definedset out in Articles 4, 5, 6, or 6b and in this Article, offer the passengers a choice between the following options, to be provided free of charge: [Am. 113]

Removed(a) automatic reimbursement following the completion via the pre-filled common form within 14 calendarseven working days from the date of departurepassenger’s request of the disrupted flight indicated on the passenger’s ticket, in cashonly by electronic bank transfer, credit card refund or, if agreed bank order to the account indicated by the authorised passenger in a signed document or any other digital means on a durable medium, by other means, of the full cost of the tickets, for the part or parts of the journey or journeys not made, and for the part or parts of the journey or journeys already made if the flight is no longer serving any purpose in relation to the passenger’'s original travel plans, together with, where relevant, a return flight to the initial point of departure, at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time; [Am. 114]

Removed(b) continuation of the passenger’s journey under comparable transport conditions, by rerouting the passenger to his or her final destination at the earliest opportunity after the time of departure indicated on the passenger’s ticket or, in agreement with the passenger, before that time; or [Am. 115]

Removed(c) rerouting, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats. [Am. 116]

RemovedThe operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form. [Am. 117]

RemovedWhere the airport managing body activates its contingency plan in accordance with Article 10a, the deadline referred to in point (a) of this paragraph may be extended to 30 calendar days. [Am. 118]

Removed2. In order for the passenger to reach his or her destination as determined under paragraph 1 at the earliest opportunity and with a total travel time as close as reasonably possible to the scheduled total travel time of the original flight, the operating air carrier shall, subject to availability and provided that these are under comparable transport conditions as set out in the air transport contract, offer at least one of the following alternative options for the passenger’s consideration and agreement in a signed document or any other digital means on a durable medium: [Am. 119]

Removed(a) a flight or connecting flights, following the same route as set out in the air transport contract;

Removed(b) a different routing, including to or from alternative between the same airports to the airport of departure and of arrival as stated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger from the airport stated in the air transport contract to the alternative airport or to the airport stated in the air transport contract from the alternative airport; [Am. 120]

Removed(ba) rerouting to or from alternative airports to the airports stated in the air transport contract, in which case, the operating air carrier shall bear the cost of transferring the passenger between the airport stated in the air transport contract and the alternative airport; [Am. 121]

Removed(c) the use of services operated by another air carrier; or

Removed(d) where appropriate for the distance to be travelled, the use of another mode of transport.

RemovedIn the event of rerouting via another mode of transport or with another air carrier, the operating air carrier shall remain responsible for information, assistance and rerouting only until the departure of that rerouting service. The operating air carrier shall remain responsible for compensation for delay at arrival at the final destination in accordance with Article 7. The carrier operating the rerouting service shall be responsible for all other rights connected to that service in accordance with the applicable Union law on passenger rights for that mode of transport. [Am. 122]

Removed3. Where a passenger informed the operating air carrier of his or her choice to continue his or her journey in accordance with paragraph 1, point (b), and paragraph 4, and if the operating air carrier has not offered within three hours a rerouting under comparable transport conditions, the passenger may arrange his or her own rerouting in accordance with paragraph 2. If the passenger chooses to arrange his or her own rerouting, the passenger shall inform the operating air carrier accordingly. The passenger shall have the right to refuse re-routing options if those re-routing options are not under comparable transport conditions, and, in such case, shall maintain his or her rights to assistance in accordance with Article 9 while waiting for the re-routing. [Am. 123]

RemovedIn the case of a cancellation, the first subparagraph shall apply from the time of departure indicated on the passenger’s ticket.

RemovedWhen arranging their own rerouting, the passengers shall limit the expenses to those that are necessary, reasonable and appropriate. The operating air carrier shall reimburse the expenses not exceeding 400 % of the full cost of the ticket or tickets incurred by the passenger within 14 calendarseven working days of the submission of the request. Where the airport managing body activates its contingency plan, that deadline may be extended to 30 calendar days. [Am. 124]

Removed4. A passenger may choose between reimbursement in accordance with paragraph 1, point (a), or rerouting at a later date in accordance with paragraph 1, point (c), until when the passenger has accepted a rerouting at the earliest opportunity offered by the operating air carrier in accordance with paragraph 1, point (b), or until when the passenger has decided to self-reroute in accordance with paragraph 3.

RemovedThe passenger shall inform the operating air carrier of his or her choice.

Removed4a. The operating air carrier shall provide the information to the passengers pursuant to this Article in a clear and unambiguous manner by electronic means, and at the passenger´s request by other means, such as in a paper form. The burden of proof concerning the passenger's choice shall rest with the operating air carrier. To that end, the operating air carrier shall also ensure that the choice made by the passenger pursuant to this Article is confirmed by means of a signed document or any digital means on a durable medium.’; [Am. 125]

Removed(10) Article 9 is replaced by the following:

Removed‘Article 9 Right to assistance

Removed1. In the case of a disruption and subject to the conditions referred to in Articles 4, 5, 6, 6a and 6b and inWhere reference is made to this article, and when the waiting time for their flight or alternative transportation is prolonged by at least two hours, passengers shall be offered, free of charge, the following: [Am. 126]

Removed(a) refreshments every two hours of waiting time;

Removed(b) a meal after three hours and then every five hours of waiting time with a maximum of three meals per day;

Removed(c) text messages, internet access and two telephone calls. [Am. 127]

RemovedThe operating air carrier may limit or decline the assistance provided under the first subparagraph if its provision would further delay the departure of the delayed flight or the rerouting, including the departure of the alternative transportation.

Removed2. In addition, where a stay of one or more nights becomes necessary while waiting for the flight or alternative transportation, passengers shall be offered, free of charge, the following:

Removed(a) hotel accommodation;

Removed(b) transport from the airport to the hotel accommodation and return.

Removed3. The operating air carrier may use vouchers to meet its obligations under paragraph 1, points (a) and (b), and paragraph 2. The vouchers provided in accordance with paragraph 1 shall be able to be used in all shops providing food and refreshments at the airport where the passengers concerned are stranded, on board their flight, and, as appropriate, at the accommodation provided pursuant to paragraph 2, point (a). A voucher provided in accordance with paragraph 2, point (a), can only be issued if the operating air carrier has pre-booked a room for the passenger concerned. [Am. 128]

Removed4. Where the operating air carrier does not meet its obligations under paragraphs 1, 2 and 3, the passengers concerned may make their own arrangements. The air carrier operating the disrupted flight shall reimburse the expenses incurred by the passengers within 14 calendar days of the submission of the request for reimbursement, to the extent those expenses are necessary, reasonable and proportionate to the duration of the waiting time and to the costs of accommodation, refreshments and meals at the location of the airport or the location of the accommodation where the passengers are stranded. In case the air carrier fails to provide hotel accommodation within three hours, the passenger shall have the right to arrange their own accommodation and be reimbursed by the air carrier upon the presentation of the corresponding receipt, within seven working days. Where the airport managing body activates its contingency plan, that deadline may be extended to 30[...] calendar days. The reimbursable amount shall be up to a hotel ceiling referred to in an index published by the Commission reflecting prices in Member States in line with Eurostat data multiplied by a coefficient of 2, in order to account for limited availability and peak-time pricing and to incentivise the provision of accommodation via the operating air carriers within the three-hour deadline. Where the ceiling multiplied by the coefficient is not sufficient to allow the concerned passenger to find appropriate accommodation, the right to self-arrangement of accommodation by the passenger shall not free the operating air carrier from its obligation to provide accommodation. [Am. 129]

Removed5. At all Union airports with commercial passenger traffic, the airport managing body shall put in place arrangements to ensure that drinking water and recharging stations for electronic devices can be made available, free of charge, regardless of the time of day, flight or terminal. [Am. 130]

Removed6. If the disruption is caused by extraordinary circumstances and the disruption could not have been avoided even if the air carrier had taken all reasonable measures, the air carrier may limit the accommodation provided in accordance with paragraph 2, point (a), to a maximum of three nights.

Removed7. Where a passenger opts for reimbursement pursuant to Article 8(1), point (a), while being at the initial point of departure, or opts for rerouting at a later date pursuant to Article 8(1), point (c), the passenger shall have no further rights with regard to assistance under paragraphs 1 and 2 in relation to the relevant flight.’;

Removed(11) Article 10 is replaced by the following:

Removed‘Article 10 Upgrading and downgrading

Removed1. If an operating air carrier places a passenger in a class of transport higher than that for which the ticket was purchased, it shall not request any supplementary payment.

Removed2. If an operating air carrier places a passenger in a class of transport lower than that for which the ticket was purchased, it shall, without request, within 14 calendarseven working days of the downgrading, by the means provided for in Article 7(6), provide the passenger with compensation at least equivalent toreimburse: [Am. 131]

Removed(a) 4030 % of the flight price for all flights of 3 5001 500 kilometres or less;, or [Am. 132]

Removed(b) 7550 % of the flight price for all intra-Union flights aboveof more than 1 500 kilometres and for all other flights between 1 500 and 3 500 kilometres., or [Am. 133]