II. PASSENGER RIGHTS REGULATIONS The second part of the Passenger Mobility Package comprises a proposal for the amdendment of regulations concerning the rights of passengers53 when travelling by air,54 sea and inland waterway,55 bus and coach56 or train.57 It is supposed to help to incentivise the use of collective modes of transport and consequently also to implement the Green Deal and intends to address the following issues • shortcomings in the implementation and enforcement of passenger rights, which prevent passengers of all modes of transport from fully exercising their rights, and • the reimbursement of the cost of a flight ticket if the flight does not take place as planned,58 provided the booking was made through an intermediary. 2.1. Air ticket bookings through an intermediary The proposal suggests inserting a new Article 8a in the Air Passenger Rights Regulation according to which, where the passenger has bought a ticket through an intermediary, the operating air carrier may make the reimbursement through that intermediary. It is confusing though that according to the proposed definition,59 ‘intermediary’ shall mean ‘any ticket vendor, organiser or retailer as defined in 53 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) No 1177/2010, (EU) No 181/2011 and (EU) 2021/782 as regards enforcement of passenger rights in the Union (COM/2023/753 final), further referred to as “CP 2023 PR”. 54 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (“Air Passenger Rights Regulation”) and Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (“PRM Regulation”). The respective proposals of the Commission will further be referred to as CP 2023 (Commission Proposal 2023) APR (Air Passenger Rights), PRM (Air Passenger Rights for Disabled Persons and Persons with Reduced Mobility), SPR (Ship Passenger Rights), BPR (Bus Passenger Rights) and RPR (Rail Passenger Rights). 55 Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (“Ship Passenger Rights Regulation”). 56 Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (“Bus Passenger Rights Regulation”). 57 Regulation (EU) No 2021/782 of the European Parliament and of the Council of 29 April 2021 on rail passengers’ rights and obligations (“Rail Passenger Rights Regulation”). 58 Article 8(1) point (a) Air Passenger Rights Regulation. 59 Article 2 point (z) CP 2023 APR. 14 MICHAEL WUKOSCHITZ
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