INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW b. The carrier's obligation to inform passengers of their rights The scope of informing passengers about their rights is not extensively addressed in the Regulation, as the air carrier is only required to inform passengers of their rights in case of flight cancellation, delay or denied boarding.26 This follows from a generic provision mandating the placement of a notice beside each check-in counter, which shall state that »If you are denied boarding if your flight is cancelled or delayed for at least two hours, ask at the checkin counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance«. Unlike other consumer protection legal acts, the duty to inform introduced by the Regulation is remarkably shallow.27 This has been taken into consideration by the European Commission when adopting the Amendment Proposal to the Regulation in 2013, expanding the duty to information to details regarding the procedures for handling claims and complaints related to Regulation rights and appropriate contact address of the airline where passengers can send claims and complaints.28 It is evident that there is still a great lack of awareness among passengers regarding the existence of their rights.29 Only 14 % of European citizens are said to be aware of their rights guaranteed by the Regulation,30 which exposes them to additional risks as airlines might exploit this to their advantage.31 c. Right to care The purpose of the right to care32 that is provided by the air carrier free of charge is to address the needs of passengers and to alleviate their situation arising from either flight cancellation, delay or denied boarding. The right to care may include a meal and refreshments in a reasonable relation to the waiting time, hotel accommodation, and the possibility of establishing contact with others via phone and e-mail.33 Since the Regulation does not specify the definitions of these terms, passengers do not know what to expect, and the assistance received is often inadequate given the 26 Art. 14 of the Regulation. 27 Luzak, 2015, p. 9. 28 Recital 22 of the preamble of the Regulation. 29 Court of Auditors, Special Report 15/2021: Air passenger rights during the COVID-19 pandemic, p. 18. 30 Ibid. 31 Commission Notice: Interpretative Guidelines on Regulation (EC) No 261/2004, para. 4.1.1, p. 17. 32 Art. 9 of the Regulation. 33 Arts. 9(1) and 9(2) of the Regulation.
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