The EU wants to make passenger rights easier to enforce. What protections already exist, and what can travellers do when a promised payment fails to arrive?
A cancelled flight, denied boarding or a refund that never arrives: When travel plans go wrong, the question is not just what rights passengers have, but how they can enforce them in practice.
On 20 October 2026, the European Parliament approved new rules aimed at making passenger rights easier to enforce. The changes include clearer procedures for refunds on flights booked through travel agencies or online platforms, standardised claim forms and stronger powers for national enforcement authorities.
Many passenger rights already exist under EU law. The challenge is often ensuring that airlines and other parties actually fulfil their obligations.
What is changing under the EU reforms?
The new rules are intended to make it easier for passengers to recover their money when a flight is cancelled, particularly if they booked through an intermediary.
Under the agreed text, airlines would have up to seven days to transfer a refund to the intermediary, which would then have a further seven days to pay the passenger. The rules also provide for standardised forms to help passengers submit claims for refunds and compensation. National enforcement authorities are to receive stronger powers to investigate potential infringements and monitor compliance.
The European Parliament approved the text on 20 October 2026, with 652 votes in favour, two against and eight abstentions. Formal approval by the Council of the European Union is still pending. The rules are scheduled to apply from 23 October 2027.
These changes are separate from Regulation (EU) 2026/2202, which has already been adopted and amends the existing EU rules on air passenger rights. It entered into force on 22 October 2026, but its provisions will generally apply from 23 October 2027.
The distinction matters: one reform focuses on the enforcement of passenger rights, while the other changes the rights and obligations themselves. Until the new provisions become applicable, claims must be assessed under the rules currently in force.
What rights do air passengers already have?
The main legal framework is Regulation (EC) No 261/2004. It protects passengers in cases of denied boarding, flight cancellation and long delays. Whether it applies depends, among other things, on the airport of departure and, for certain flights departing from outside the EU, on the operating airline.
If a flight is cancelled, passengers can generally choose between a refund of the ticket price and an alternative flight, subject to the conditions laid down in Article 8. Article 9 provides for assistance, including meals and, where necessary, hotel accommodation.
In addition, Article 7 provides for fixed compensation of €250, €400 or €600 if the relevant conditions are met. These rights serve different purposes: a refund returns the money paid for the ticket, while compensation provides a fixed payment for certain disruptions. Compensation is not automatic in every case; for example, extraordinary circumstances may exempt an airline from paying it.
The European Court of Justice (ECJ) continues to clarify how these rules apply. In its judgment of 15 January 2026 in Case C-45/24, the Court held that a refund following a flight cancellation may include an unavoidable commission charged by a booking intermediary. The airline's lack of knowledge of the precise amount does not, in itself, exclude reimbursement.
The judgment shows that the scope of existing rights can depend on how EU law is interpreted. It also illustrates why identifying the correct legal basis for a claim is important.
When a promised payment fails to arrive
I experienced the practical difficulties of obtaining a promised payment myself on a recent trip to Kazakhstan.
After my flight was overbooked, I agreed to take a later flight in exchange for a payment of €600. I was told that the money would be paid at the airport after my return.
Instead, I was directed to an online form. I was later asked to complete a different form and upload the required documents again. Despite complying with these requests, I continued to receive automated emails over several weeks asking me to submit the same documents once more.
Only after I announced that I would pursue the matter formally if payment was not made by a specified deadline did I receive confirmation the following day. Three days later, the money was in my account.
There is an important legal distinction here. The payment in my case had been agreed in exchange for voluntarily giving up my booked flight. This differs from statutory compensation for involuntary denied boarding under Regulation (EC) No 261/2004. My experience therefore does not directly concern the refund procedures targeted by the new EU reforms.
It does, however, illustrate a broader problem: what can people do when a payment they are owed or have agreed upon remains outstanding despite repeated requests?
One individual experience cannot establish a general pattern of business conduct. In my case, however, setting a clear deadline and indicating that I would pursue the matter formally was followed by payment.
What can passengers do when a payment remains outstanding?
The first step is to establish what kind of payment is being claimed and who is responsible for making it. A ticket refund, statutory compensation and a payment agreed individually may be subject to different legal requirements.
Passengers should keep their booking confirmations, correspondence with the airline, payment records and any other relevant documents. If a payment has been promised, evidence of the amount and the conditions attached to it can be particularly important.
If payment does not arrive, passengers can set out their claim in writing, explain why the payment is due and specify a reasonable deadline. If the deadline passes without payment, possible next steps include contacting the competent authority, using an alternative dispute resolution procedure or bringing court proceedings.
The appropriate course of action depends on the circumstances. In cross-border disputes, it is particularly important to determine which rules apply, who the correct defendant is and which legal remedies are available.
In my legal practice, I assist clients in assessing such claims and identifying appropriate steps to enforce them. This is particularly important in cross-border cases, where the applicable rules, the correct defendant and the available legal remedies must be carefully examined.
Rights must be enforceable in practice
The EU reforms address an important issue: passenger rights must not only exist on paper but also be accessible and effective in practice.
Clearer refund procedures and stronger enforcement powers may help achieve this. Whether the new rules will make a tangible difference remains to be seen once they begin to apply.
My own experience illustrates the practical side of the problem. Establishing that a payment is due is only part of the process, the next question is how to obtain it.
Ultimately, a right offers meaningful protection only if there is a realistic way to enforce it.