Subject matter
Article 1
Open ↗Regulation (EC) No 261/2004 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 Subject matter This Regulation establishes, under the conditions specified herein, minimum rights for air passengers in the event that: (a) they are denied boarding; (b) their flight is cancelled, delayed or rescheduled; (c) they miss a connecting flight; (d) they are upgraded or downgraded.’ ; (2) Article 2 is amended as follows: (a) points (b) to (f) are replaced by the following: ‘(b) “operating air carrier” means an air carrier that performs or intends to perform a flight under an air transport contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger, including an air carrier that uses the aircraft of another air carrier, with or without the crew of that other air carrier, for the performance of its flights; (c) “Union air carrier” means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EC) No 1008/2008 of the European Parliament and of the Council ( *1 ) ; (ca) “airport managing body” means an airport managing body as defined in Article 2, point (2), of Directive 2009/12/EC of the European Parliament and of the Council ( *2 ) ; (d) “organiser” means an organiser as defined in Article 3, point (8), of Directive (EU) 2015/2302 of the European Parliament and of the Council ( *3 ) ; (e) “package” means a combination of travel services as defined in Article 3, point (2), of Directive (EU) 2015/2302; (f) “ticket” means valid evidence, regardless of its form, of an air transport contract; ( *1 ) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community ( OJ L 293, 31.10.2008, p. 3 , ELI: http://data.europa.eu/eli/reg/2008/1008/oj )." ( *2 ) Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges ( OJ L 70, 14.3.2009, p. 11 , ELI: http://data.europa.eu/eli/dir/2009/12/oj); " ( *3 ) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC ( OJ L 326, 11.12.2015, p. 1 , ELI: http://data.europa.eu/eli/dir/2015/2302/oj ).’;" (b) point (g) is deleted; (c) points (h) to (l) are replaced by the following: ‘(h) “final destination” means the destination of the flight or of the last connecting flight on a journey; (i) “person with disabilities” or “person with reduced mobility” means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers; (j) “denied boarding” means a refusal to carry passengers on a flight, although they have presented themselves for boarding in accordance with the conditions laid down in Article 4(1), or where they were informed in advance that they will be denied boarding against their will, except where there are reasonable grounds to deny them boarding, such as health, safety, security or inadequate travel documentation; (k) “volunteer” means a passenger who has presented himself or herself for boarding in accordance with the conditions laid down in Article 4(1) and responds positively to the air carrier’s call for passengers who are prepared not to board the aircraft for their flight in exchange for benefits; (l) “cancellation” means the non-operation of a flight which was previously planned and for which an air transport contract was concluded, and includes situations where: (i) the aircraft took off but, for whatever reason, either diverted to an airport other than the airport of arrival indicated on the ticket, or returned to the airport of departure, and could not continue to the airport of arrival indicated on the ticket, or (ii) a passenger has been issued a ticket for a flight and the time of departure indicated on the passenger’s ticket has been brought forward by more than one hour;’ ; (d) the following points are added: ‘(m) “third country” means any country or part of a territory of a Member State to which the Treaties do not apply; (n) “delay at departure” means the difference in time between the scheduled time of departure indicated on the passenger’s ticket as issued at the time of booking and the actual time of departure of the flight, except where: (i) a flight has been rescheduled at least 14 calendar days before the date of departure indicated on the passenger’s ticket as issued at the time of booking, or, after that time period, has been rescheduled to an earlier time, in which case “delay at departure” means the difference in time between the scheduled time of departure indicated on the passenger’s ticket as issued at the time of rescheduling and the actual time of departure of the rescheduled flight; (ii) a passenger is rerouted following a disruption, as regards the rerouting flight, in which case “delay at departure” means the time difference between the scheduled time of departure indicated on the ticket issued for the rerouting flight and the actual time of departure of the rerouting flight; (o) “delay at arrival” means the difference in time between the scheduled time of arrival indicated on the passenger’s ticket as issued at the time of booking and the actual time of arrival of the flight, except where: (i) a flight has been rescheduled at least 14 calendar days before the date of departure indicated on the passenger’s ticket as issued at the time of booking, or, after that time period, where the passenger has taken a flight that has been rescheduled to an earlier time, in which case “delay at arrival” means the difference in time between the scheduled time of arrival indicated on the passenger’s ticket as issued at the time of rescheduling and the actual time of arrival of the rescheduled flight; (ii) a passenger is rerouted following a disruption, as regards the rerouting flight, in which case “delay at arrival” means the time difference between the scheduled time of arrival indicated on the tickets issued for the rerouting flight and the actual time of arrival of the rerouting flight; (p) “class of transport” means a part of the passenger cabin of the aircraft characterised either by a specific code indicated in the air transport contract or a combination of elements such as different seats, a different seat configuration and other differences in the service, such as specific catering, provided to passengers compared to what is provided to passengers in other parts of the cabin; (q) “air transport contract” means a contract of carriage concluded between an air carrier or its authorised agent and a passenger or passengers, for the provision of one or more flights; (r) “extraordinary circumstances” means events which by their nature or origin are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond the actual control of the air carrier; (s) “flight” means an air transport operation operated by a single aircraft between two airports as specified on the ticket through a predetermined itinerary, a schedule and a single identification number, regardless of whether there are intermediate stops exclusively for technical and operational purposes; (t) “connecting flight” means a flight which, as part of a journey, is intended to enable the passenger to depart from the initial point of departure and to arrive at a transfer point in order to depart on another flight, or is intended to enable the passenger to depart from a transfer point to enable the passenger to reach another transfer point or the passenger’s final destination; (u) “stopover” means an intentional interruption by a passenger of a journey under a single air transport contract, agreed to in advance by the air carrier or its authorised agent, between the initial point of departure and the final destination, for a period of time beyond that required for direct transit through or, when changing flights, for a period normally extending to the time of departure of the next connecting flight, often including an overnight stay; (v) “journey” means a flight or connecting flights transporting the passenger from the initial point of departure to the passenger’s final destination in accordance with a single air transport contract, with outbound and return flights being separate journeys; (w) “time of departure” means the time when the aircraft leaves the departure stand, either by being pushed back or on its own power (off-block time); (x) “time of arrival” means the time when the aircraft reaches the arrival stand and its parking brakes are engaged (on-block time); (y) “tarmac delay” means a period of time exceeding 30 minutes during which the aircraft remains on the ground between the closing of the aircraft doors and the take-off time of the aircraft, at departure, or a period of time exceeding 30 minutes between the touch-down of the aircraft and the opening of the aircraft doors, at arrival; (z) “disruption” means denied boarding, cancellation, delay at departure, delay at arrival or tarmac delay; (aa) “night” means the period between midnight and 06:00; (ab) “child” means a person below the age of 14 years as of the date of departure of the flight or first connecting flight under an air transport contract; (ac) “unaccompanied minor” means a person below the age of 18 years as of the date of departure of the flight or first connecting flight under an air transport contract and travelling without an adult guardian, and where the air carrier has accepted responsibility for the care of that person in accordance with its published rules; (ad) “infant” means a person below the age of two years as of the date of departure of the flight or first connecting flight under an air transport contract; (ae) “durable medium” means any instrument which enables the passenger to store information in a way accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; (af) “accessible format” means a format that gives a person with disabilities or a person with reduced mobility access to any relevant information, including by providing that person with access in as feasible and as comfortable a manner as a person without an impairment or disability, and which meets accessibility requirements defined in accordance with the applicable legislation, in particular Directive (EU) 2019/882 of the European Parliament and of the Council ( *4 ) ; (ag) “initial point of departure” means the departure point of the flight or of the first connecting flight on a journey; (ah) “personal item” means a piece of unchecked baggage, which complies with security and safety requirements, and either with maximum dimensions of 40 x 30 x 15 cm or on the condition that it fits under the seat in front of the seat in which the passenger is sitting; (ai) “hand baggage” means a piece of unchecked baggage which is not a personal item and which complies with security and safety requirements. ( *4 ) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services ( OJ L 151, 7.6.2019, p. 70 , ELI: http://data.europa.eu/eli/dir/2019/882/oj ).’;" (3) Article 3 is replaced by the following: ‘Article 3 Scope 1. This Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaties apply; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaties apply, unless they received benefits, compensation and assistance in that third country that are equivalent and correspond to the purpose of this Regulation, if the operating air carrier of the flight concerned is a Union air carrier. 2. Paragraph 1 shall apply on the condition that passengers: (a) have a ticket for the flight concerned; or (b) have been transferred by an air carrier or an intermediary from the flight for which they held a ticket to another flight, irrespective of the reason. 3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare that is not available, directly or indirectly, to the public, except for: (a) passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or intermediary, to whom this Regulation shall apply in its entirety; and (b) infants travelling free of charge or at a reduced fare that is not available, directly or indirectly, to the public, and to persons travelling free of charge or at a reduced fare that is not available, directly or indirectly, to the public on account of accompanying a person with disabilities or a person with reduced mobility in accordance with the conditions referred to in Article 4(2) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council ( *5 ) , to whom this Regulation shall apply with the exception of Article 7 of this Regulation. 4. Without prejudice to Article 8(2), first subparagraph, point (e), this Regulation shall only apply to passengers transported by motorised fixed wing aircraft. 5. Unless otherwise specified, the operating air carrier shall be responsible for meeting the obligations pursuant to this Regulation. 6. Without prejudice to Article 12 of this Regulation, this Regulation shall also apply to passengers transported on a flight covered by a package travel contract as defined in Article 3, point (3), of Directive (EU) 2015/2302, unless that package travel contract is terminated or its performance is affected for reasons other than a disruption of that flight. 7. Article 7 of this Regulation shall not apply, if the disruption occurs on a connecting flight that both departs from and arrives at an airport in Greenland. ( *5 ) 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 ( OJ L 204, 26.7.2006, p. 1 , ELI: http://data.europa.eu/eli/reg/2006/1107/oj ).’;" (4) the following article is inserted: ‘Article 3a Union Air Passenger Rights Label 1. A voluntary “Union Air Passenger Rights Label” (the “label”) is hereby established. 2. The label shall enable passengers to be quickly informed of the application of this Regulation to a journey in order to facilitate comparison and choice between ticket offers. 3. Air carriers or intermediaries may use the label when offering tickets to passengers for journeys within the scope of this Regulation performed by Union air carriers. 4. The use of the label by an air carrier or intermediary shall be on a voluntary basis, except where an operating air carrier obliges an air carrier or intermediary to use the label on the basis of a commercial agreement. 5. The label shall only be displayed during sales and marketing activities next to or directly connected to the offer for a journey within the scope of this Regulation performed by a Union air carrier. When displaying multiple journey offers, it shall be clear to which journey the label applies. 6. Any false or misleading advertising or use of any label or logo which leads to confusion with the label shall be prohibited. 7. The Commission shall promote the use of the label by air carriers or intermediaries. 8. In order to ensure the uniform implementation of this Article, the Commission shall adopt, by 23 October 2027, implementing acts laying down detailed provisions concerning the design, content and template of the label made available pursuant to this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16h(2).’ ; (5) Article 4 is replaced by the following: ‘Article 4 Denied boarding 1. This Article shall apply to passengers that present themselves for boarding at the gate, after they have completed an online check-in or a check-in at the airport, as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, or the intermediary, or, if no boarding time is indicated, not later than 45 minutes before the time of departure indicated on the passenger’s ticket. This Article shall also apply to passengers who do not present themselves for boarding when they were informed in advance that they will be denied boarding against their will. 2. When an operating air carrier reasonably expects to deny boarding on a flight, it shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights pursuant to this Regulation applicable to the case, in particular as regards the right to compensation as set out in Article 7, the right to reimbursement or rerouting in accordance with Article 8, and the right to assistance in accordance with Article 9. The operating air carrier shall call for volunteers not to board the aircraft in exchange for benefits under conditions to be agreed between each volunteer and the operating air carrier. The operating air carrier shall inform the volunteers of their rights in accordance with this Regulation. The agreement with each volunteer regarding the benefits shall only replace the volunteer’s right to compensation as laid down in Article 7(1) if the volunteer explicitly approves of it on a durable medium. In the absence of such approval, the volunteer shall be, without undue delay and at the latest within seven calendar days of the denied boarding, compensated by the operating air carrier denying boarding in accordance with Article 7(1). 3. If the number of volunteers who come forward is insufficient to allow the remaining passengers with tickets to board the flight, the operating air carrier may then deny boarding to passengers against their will, with the exception of passengers referred to in Article 11. 4. The operating air carrier denying boarding shall immediately provide the passengers concerned with the information on the handling of complaints in accordance with Article 15a. The operating air carrier denying boarding shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8. By way of derogation from Article 8(1), first subparagraph, point (a), when the passengers who were denied boarding are entitled to reimbursement, it shall be granted without undue delay and at the latest within seven calendar days of the denied boarding. The operating air carrier denying boarding shall offer assistance in accordance with Article 9 to the passengers concerned. By way of derogation from Article 9(1), point (a), refreshments shall be granted immediately. The operating air carrier denying boarding to passengers against their will shall compensate the passengers concerned in accordance with Article 7(1), without undue delay and at the latest within seven calendar days of the denied boarding. 5. Passengers shall not be denied boarding and shall not be charged any fee on the inbound journey, including a journey which consists of connecting flights, on the grounds that they did not take the outbound journey under the same air transport contract.’ ; (6) Article 5 is replaced by the following: ‘Article 5 Cancellation 1. In the case of cancellation of a flight, the operating air carrier of the cancelled flight shall immediately inform the passengers concerned. The operating air carrier shall, at the same time, specify to the passengers concerned their specific rights under this Regulation applicable to the case, in particular as regards reimbursement or rerouting under Article 8 and assistance under Article 9, as well as the information on the process for requesting compensation set out in Article 7 and on the handling of complaints under Article 15a. The operating air carrier shall, without undue delay, specify to the passengers concerned the reason for the cancellation. 2. The operating air carrier of the cancelled flight shall, without undue delay, offer the passengers concerned the choice between reimbursement and rerouting in accordance with Article 8. 3. The operating air carrier shall offer assistance to the passengers concerned in accordance with Article 9. 4. Passengers shall have the right to receive, upon request, compensation from the operating air carrier of the cancelled flight in accordance with Article 7. 5. The right to receive compensation under paragraph 4 shall not apply if the passengers have been informed of the cancellation at least 14 calendar days before the date of departure indicated on the passenger’s ticket or if they are informed of the cancellation less than 14 calendar days before the scheduled time of departure and are offered rerouting, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival. The burden of proof with regard to establishing whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier. 6. The right to receive reimbursement and rerouting as set out in paragraph 2 and compensation as set out in paragraph 4 shall not apply where the aircraft took off but diverted to an airport other than the airport of arrival indicated on the ticket, if the actual airport of arrival and the airport of arrival indicated on the ticket serve the same town, city or region and the air carrier provided the passenger with transport to the airport of arrival indicated on the ticket, under the condition that the delay at arrival at the airport of arrival indicated on the ticket does not exceed three hours. For this purpose, the burden of proof with regard to establishing the time of arrival, by alternative means of transport, at the airport of arrival indicated on the ticket shall rest with the operating air carrier. The first subparagraph of this paragraph shall not apply in cases where passengers with specific needs referred to in Article 11(3) or any persons accompanying those passengers are either denied a ticket for or embarkation upon the alternative means of transport on the grounds of any applicable safety requirement or physical impossibility of embarkation, or are unable to use that transport service due to the unavailability of assistance. The operating air carrier shall make reasonable efforts to enable such passengers’ access to alternative means of transport. The delay at arrival at the airport of arrival indicated on the ticket shall be calculated based on the time of arrival of the transport service which was provided by the operating air carrier and which passengers with specific needs or, if applicable, any persons accompanying them, actually took or could take in order to reach that airport.’ ; (7) Article 6 is replaced by the following: ‘Article 6 Delay 1. When an operating air carrier expects a flight to be delayed at departure or at arrival, it shall inform the passengers concerned immediately, where possible, but at the latest, by the time of departure indicated on the passenger’s ticket. To the extent possible, passengers shall receive regular updates in real time. The operating air carrier shall, at the same time, inform the passengers concerned of their specific rights under this Regulation applicable to the case, in particular as regards assistance under Article 9, and provide information on the process for requesting compensation set out in Article 7 and on the handling of complaints under Article 15a. The operating air carrier shall, without undue delay, provide the passengers concerned with the reasons for the delay of the flight at departure or at arrival. 2. The operating air carrier shall offer assistance to the passengers concerned in accordance with Article 9. 3. When the delay at departure reaches five hours, the operating air carrier shall, without undue delay, offer the passengers concerned reimbursement in accordance with Article 8(1), first subparagraph, point (a). 4. Passengers shall have the right to receive, upon request, compensation from the operating air carrier of the delayed flight in accordance with Article 7 when they reach their final destination with a delay at arrival exceeding three hours.’ ; (8) the following articles are inserted: ‘Article 6a Tarmac delay 1. In the event of a tarmac delay, the operating air carrier shall, to the extent possible, provide passengers with regular and real-time updates. 2. Subject to safety or security constraints, where a tarmac delay occurs, the operating air carrier shall ensure adequate heating or cooling of the passenger cabin and free of charge access to toilet facilities on board and shall ensure that passengers referred to in Article 11 receive the required attention. Unless it would extend the tarmac delay or unless it cannot be reconciled with air safety or air security requirements, the operating air carrier shall provide drinking water free of charge on board. 3. Where a tarmac delay reaches two hours in an airport with commercial passenger traffic situated in a territory of a Member State to which the Treaties apply, the aircraft shall proceed to the gate or to another suitable disembarkation point where passengers shall be allowed to disembark. Beyond that deadline, a tarmac delay can only be prolonged if there are safety, immigration, air traffic control or security-related reasons why the aircraft cannot leave its position on the tarmac. 4. Passengers disembarked in accordance with paragraph 3 of this Article shall be entitled to the rights provided for in Article 6 and, where applicable, Article 11, taking into account the tarmac delay and the time of departure indicated on the passenger’s ticket. Article 6b Missed connecting flight during journeys performed pursuant to a single air transport contract 1. Where a passenger misses a connecting flight during a journey as a result of a disruption to the preceding flight, the operating air carrier of the preceding flight shall be responsible for rerouting the passenger in accordance with Article 8(1), first subparagraph, point (b), and for providing assistance in accordance with Article 9. 2. Where the operating air carrier cannot reroute the passenger within five hours from the time of departure indicated on the passenger’s ticket of the missed connecting flight, the operating air carrier shall, without undue delay, also offer the passengers concerned reimbursement in accordance with Article 8(1), first subparagraph, point (a). 3. Passengers shall also have a right to receive, upon request, compensation from the air carrier operating the disrupted flight in accordance with Article 7, if they reach their final destination with a delay at arrival exceeding three hours. By way of derogation from the definition of delay at arrival, in the case of missed connecting flights, the delay at arrival shall be calculated from the time of arrival at the final destination, as indicated on the passenger’s ticket, prior to the missed connecting flight. Article 6c Extraordinary circumstances 1. For the purpose of this Regulation, extraordinary circumstances include, but are not limited to, the events on the list of extraordinary circumstances set out in the Annex. 2. An operating air carrier shall be obliged to pay compensation in accordance with Article 7, unless it can prove that the cancellation, delay or missed connecting flight was caused by extraordinary circumstances and the cancellation, delay or missed connecting flight could not have been avoided even if the air carrier had taken all reasonable measures. Extraordinary circumstances may only be invoked where there is a direct causal link between the occurrence of that circumstance and the disruption to the flight. The burden of proof with regard to establishing the existence of that direct causal link and establishing that the air carrier has taken all reasonable measures to avoid the disruption shall rest with the operating air carrier.’ ; (9) Article 7 is replaced by the following: ‘Article 7 Right to compensation 1. Where reference is made to this Article, passengers shall receive compensation amounting to: (a) EUR 250 for journeys of 1 500 kilometres or less; (b) EUR 400 for all intra-Union journeys of more than 1 500 kilometres, and for all other journeys between 1 500 kilometres and 3 500 kilometres; (c) EUR 600 for all journeys not falling under points (a) or (b). 2. Operating air carriers may reduce the compensation provided for in paragraph 1, point (c), by 50 % if the arrival time does not exceed the scheduled arrival time of the journey originally booked by four hours and where: (a) passengers are offered rerouting at a later time to their final destination on an alternative flight pursuant to Article 8(1), first subparagraph, point (b); or (b) there is a delay at arrival of the journey originally booked. 3. In the case of rerouting in accordance with Article 8(1), first subparagraph, point (b), after a cancellation, where the rerouted journey is scheduled to depart more than one hour before the scheduled departure time of the original journey or flight, the operating air carrier may reduce the compensation provided for in Article 5: (a) by 50 % if the scheduled time of departure is brought forward by less than two hours and the passenger has taken the flight; (b) by 25 % if the scheduled time of departure is brought forward by less than three hours and the passenger has taken the flight. 4. Where a passenger may have a right to compensation in accordance with Article 5(4), Article 6(4) or Article 6b(3), the operating air carrier shall, within 96 hours of the termination of the journey, electronically provide the passenger, on a durable medium, with information on the passenger’s right to compensation, and clear instructions on how to submit a request for compensation. 5. 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 final destination shall be taken into consideration. Those distances shall be measured by the great circle route method. 6. Where the passenger has chosen to continue his or her journey pursuant to Article 8(1), first subparagraph, point (a), (b) or (c), and a further disruption occurs during rerouting, the passenger shall retain his or her right to receive any further compensation during rerouting to his or her initial point of departure or to his or her final destination. 7. The compensation shall be paid by electronic bank transfer or, if explicitly agreed by the passenger on a durable medium, by other means. 8. The burden of proof with regard to establishing when and how the passenger accepted the agreement concerning the form of payment of compensation set out in paragraph 7 shall rest with the operating air carrier. 9. Requests for compensation under this Article shall be submitted by the passenger within nine months of the actual date of departure indicated on the passenger’s ticket. Where a request is submitted by a third party on behalf of passengers, the operating air carrier may require evidence of a valid mandate to act. Operating air carriers shall immediately acknowledge receipt of the request on a durable medium. Within 30 calendar days of the receipt 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 which case information on the handling of complaints under Article 15a must be provided. If, under the conditions set out in Article 6c(2), the operating air carrier invokes an extraordinary circumstance, it shall specify which extraordinary circumstance listed in the Annex it invokes and, if it invokes an event which is not on that list, it shall specify which event it invokes and the reasons why it should be considered an extraordinary circumstance. Whenever the operating air carrier invokes an extraordinary circumstance, it shall provide a clear and substantiated explanation, including a concise explanation on how the extraordinary circumstance invoked meets the conditions on direct causal link and all reasonable measures set out in Article 6c(2). Where the operating air carrier does not pay the requested compensation, the passenger may submit a complaint in accordance with Article 15a.’ ; (10) Article 8 is replaced by the following: ‘Article 8 Right to reimbursement or rerouting 1. In the case of a disruption, the operating air carrier shall, without undue delay and under the conditions set out in Article 4, 5, 6 or 6b and in this Article, offer the passengers a choice between the following options, to be provided free of charge: (a) automatic reimbursement within seven calendar days from the passenger’s choice, by electronic bank transfer or, if explicitly agreed by the passenger on a durable medium, by other means, of the full price of the tickets and the intermediation fees, where applied, 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; (b) continuation of the passenger’s journey by rerouting the passenger, under comparable transport conditions, 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 (c) rerouting the passenger, under comparable transport conditions, to his or her final destination at a later date at the passenger’s convenience, subject to the availability of seats. Where the airport managing body activates its contingency plan in accordance with Article 10a, the deadline referred to in point (a) of the first subparagraph of this paragraph may be extended to 30 calendar days. 2. In order for the passenger to reach his or her destination as determined pursuant to paragraph 1, first subparagraph, point (b), 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, offer at least one of the following alternative options for the passenger’s consideration, and explicit agreement on a durable medium: (a) a flight or connecting flights, following the same route as set out in the air transport contract; (b) a different route between the same airport of departure and of arrival as stated in the air transport contract; (c) rerouting to or from an alternative airport to the airport 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; (d) the use of services operated by another air carrier; or (e) where appropriate for the distance to be travelled, the use of another mode of transport. In the event of rerouting with another air carrier or by another mode of transport, the operating air carrier shall remain responsible for providing 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 operator of 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. 3. 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 5 of this Article, and if the operating air carrier has not offered, within three hours, rerouting under comparable transport conditions, the passenger may arrange his or her own rerouting in accordance with paragraph 2 of this Article. 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 rerouting options if those rerouting options are not under comparable transport conditions, and, in such a case, shall maintain his or her right to assistance in accordance with Article 9 while waiting for the rerouting. In the case of a cancellation, the first subparagraph shall apply from the time of departure indicated on the passenger’s ticket. When 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 price of the ticket or tickets and intermediation fees, where applied, incurred by the passenger within 14 calendar days of the submission of the request. Where the airport managing body activates its contingency plan, the operating air carrier may extend that deadline to 30 calendar days. 4. Without prejudice to the other provisions of this Article, where a passenger has organised a stopover, he or she shall have the additional right to refuse rerouting options, if those rerouting options omit that stopover. 5. A passenger may choose between reimbursement in accordance with paragraph 1, first subparagraph, point (a), or rerouting at a later date in accordance with paragraph 1, first subparagraph, point (c), until the passenger has accepted rerouting at the earliest opportunity offered by the operating air carrier in accordance with paragraph 1, first subparagraph, point (b), or until the passenger has decided to self-reroute in accordance with paragraph 3. The passenger shall inform the operating air carrier of his or her choice. 6. The operating air carrier shall, at the passenger’s request, provide the information set out in this Article in paper form. The operating air carrier shall ensure that the choice made by the passenger pursuant to this Article is explicitly confirmed on a durable medium. 7. The options set out in paragraph 1 shall be clearly displayed, without being subject to pre-selection, default settings or additional procedural burdens which favour one option.’ ; (11) the following article is inserted: ‘Article 8a Vouchers 1. Where a passenger is entitled to compensation in accordance with Article 7, or reimbursement in accordance with Article 8(1), first subparagraph, point (a), or Article 10(2), the air carrier may offer the passenger the choice of a voucher of a value corresponding to at least the amount of the reimbursement or to the compensation due. 2. The passenger shall not be obliged to accept a voucher instead of payment. Acceptance shall be valid only if the passenger has given explicit consent on a durable medium. All options provided for in Article 7(7) and Article 8(1), first subparagraph, point (a), shall be clearly displayed, without being subject to pre-selection, default settings or additional procedural burdens which favour one option. 3. The air carrier shall inform the passenger clearly on a durable medium of the information set out in paragraphs 2, 4, 5 and 6, before the passenger exercises the choice referred to in paragraph 1. 4. A voucher shall: (a) have a maximum validity period of 12 months from the date on which the passenger accepts the voucher; that validity period may be extended once only, for an additional maximum period of 12 months, provided that both the passenger and the air carrier explicitly agree to that extension on a durable medium; (b) be useable in full or in part for any services of the air carrier during its validity period, including services booked during the validity of the voucher but performed after its expiry date; (c) be issued on a durable medium and clearly state its value, validity period and the conditions of use; if the value is higher than the payment to which the passenger is entitled under Article 7, Article 8(1), first subparagraph, point (a), or Article 10(2), the voucher shall indicate this. 5. The passenger and the air carrier may agree to a full or partial payment at any time before the voucher is redeemed or expires despite the initial choice by the passenger of a voucher. 6. The air carrier shall automatically reimburse the remaining amount of the voucher concerned without undue delay and, in any event, at the latest within seven calendar days: (a) to the passenger after the end of its validity period, if the voucher has not been redeemed; this also applies to any remaining amount of the voucher concerned in the case of a previous partial redemption; (b) to the passenger when, before the validity period of a voucher expires, the passenger and the air carrier agree to such reimbursement; or (c) to the person handling the deceased passenger’s affairs in the case of death of the passenger concerned, following the request of that person and on presentation of appropriate supporting documentation on a durable medium.’ ; (12) Article 9 is replaced by the following: ‘Article 9 Right to assistance 1. Where reference is made to this Article, passengers shall be offered, free of charge, the following: (a) refreshments every two hours of waiting time; (b) a meal after three hours and every five hours of waiting time thereafter with a maximum of three meals per day; (c) internet access and two telephone calls. The operating air carrier may limit or decline the assistance provided pursuant to 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. 2. 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: (a) hotel accommodation; (b) transport from the airport to the hotel accommodation and return. 3. The operating air carrier may use vouchers to meet its obligations pursuant to paragraph 1, first subparagraph, 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 for hotel accommodation 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. 4. Where the operating air carrier does not meet its obligations pursuant to 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 refreshments and meals at the location of the airport or the location of the accommodation where the passengers are stranded. Where the airport managing body activates its contingency plan, the air carrier operating the disrupted flight may extend that deadline to 30 calendar days. 5. 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. 6. 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 hotel accommodation provided in accordance with paragraph 2, point (a), to a maximum of three nights. 7. Where a passenger opts for reimbursement pursuant to Article 8(1), first subparagraph, point (a), while being at the initial point of departure, or opts for rerouting at a later date pursuant to Article 8(1), first subparagraph, point (c), the passenger shall have no further rights with regard to assistance pursuant to paragraphs 1 and 2 of this Article in relation to the relevant flight.’ ; (13) Article 10 is replaced by the following: ‘Article 10 Upgrading and downgrading 1. 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. 2. If an operating air carrier places a passenger in a class of transport lower than that for which the ticket was purchased, it shall, within 14 calendar days of the downgrading, provide the passenger with an automatic reimbursement at least equivalent to: (a) 30 % of the flight price for flights of 1 500 kilometres or less; (b) 50 % of the flight price for all intra-Union flights of more than 1 500 kilometres, except flights between the European territory of the Member States and the French outermost regions, and for all other flights between 1 500 and 3 500 kilometres; or (c) 75 % of the flight price for all flights not falling under point (a) or (b), including flights between the European territory of the Member States and the French outermost regions. 3. Where the flight price is not indicated on the ticket, the reimbursement referred to in paragraph 2 of this Article shall be calculated based on the relevant proportion of the distance of the flight when compared to the total distance covered by the air transport contract, calculated in accordance with Article 7(5). 4. The flight price referred to in this Article excludes taxes and charges indicated on the ticket, as long as neither the requirement to pay those taxes and charges nor their amount depend on the class of transport for which that ticket has been purchased. 5. This Article shall not apply to ancillary services, such as specific seating or catering, which are independent from the class of transport and are sold separately.’ ; (14) the following article is inserted: ‘Article 10a Airport contingency plans 1. At a Union airport with a total annual passenger traffic volume of more than four million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport managing body and of airport essential service providers, in particular the air carriers, and the suppliers of groundhandling services, are coordinated through a proper contingency plan in view of possible situations of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport. The contingency plan shall be set up to ensure that adequate information and assistance are given to stranded passengers and shall contain arrangements in order to minimise their waiting time and discomfort. 2. Airport contingency plans shall take into account the particular and individual needs of the passengers referred to in Article 11. 3. The contingency plan shall be set up in particular with the participation of the Airport Users Committee referred to in Council Directive 96/67/EC ( *6 ) , of the providers of groundhandling services, and of other airport essential service providers, including providers of special assistance for persons with disabilities or persons with reduced mobility. The contingency plan shall be set up with the participation of the relevant authorities, where appropriate. The contingency plan shall also contain the contact details of the person or persons designated by the air carriers participating in the Airport Users Committee in order to represent them on the spot in the case of multiple cancellations, of multiple delays of flights, or both. The air carrier shall ensure that any designated person has the necessary means to assist passengers in accordance with the obligations arising from this Regulation in the case of a disruption. 4. The airport managing body shall communicate the contingency plan to the Airport Users Committee referred to in Directive 96/67/EC and, upon request, to the national enforcement body designated pursuant to Article 16 of this Regulation. The national enforcement body shall monitor the compliance of the airport managing body with the requirements of this Article. 5. A Member State may decide that an airport not covered by paragraph 1, located on its territory, is to meet the obligations laid down in paragraphs 1 to 4. 6. At Union airports with a total annual passenger traffic volume below the threshold set in paragraph 1 or not covered by a decision of a Member State pursuant to paragraph 5, the airport managing body shall make all reasonable efforts to coordinate airport users and to make arrangements with airport users to inform stranded passengers in the case of multiple cancellations, of multiple delays of flights, or both, leading to a considerable number of passengers being stranded at the airport. ( *6 ) Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports ( OJ L 272, 25.10.1996, p. 36 , ELI: http://data.europa.eu/eli/dir/1996/67/oj ).’;" (15) Article 11 is replaced by the following: ‘Article 11 Passengers with specific needs 1. The rights of persons with disabilities and of persons with reduced mobility laid down in this Article shall be without prejudice to the rights they enjoy in accordance with Regulation (EC) No 1107/2006. 2. All information provided to passengers in accordance with this Regulation shall be provided in an accessible format. 3. For the purposes of this Regulation, the following categories of passengers shall be considered “passengers with specific needs”: (a) persons with disabilities, persons with reduced mobility, and pregnant women, provided that the operating air carrier has been informed of their particular needs for assistance, if possible at the time of booking or at check-in, and at the latest when the passenger is informed of a disruption pursuant to Article 4(2), Article 5(1) or Article 6(1) or misses a connecting flight pursuant to Article 6b(1); (b) infants and unaccompanied minors; and (c) persons in need of specific medical assistance on the basis of medical clearance, unless they are denied boarding for reasons of safety. Any notification provided to the air carrier in respect of the circumstances referred to in the first subparagraph shall be deemed to cover all journeys under an air transport contract. 4. Any person accompanying the persons referred to in paragraph 3 or accompanying a child, under the same air transport contract, shall be offered by the air carrier, free of charge, the possibility of being seated in a seat adjacent to that person or child. Where adjacent seats are unavailable, the air carrier shall endeavour to assist the accompanying person or persons to find adjacent seats. 5. At boarding, operating air carriers shall give priority to persons referred to in paragraph 3 and to any person or recognised assistance dogs accompanying them, as well as to children in a pram or a pushchair with their accompanying person. 6. Operating air carriers shall ensure, at no additional cost, that infants and children in need of a pram or a pushchair can be transported in their pram or pushchair, up to the boarding gate or aircraft door, and that that pram or pushchair is returned to them at the aircraft door, unless there are safety, security, capacity or operational constraints. 7. Where the airport managing body does not fulfil its obligations under Articles 7 and 8 of Regulation (EC) No 1107/2006 and, as a result, persons with disabilities and persons with reduced mobility miss their flight, the operating air carrier shall be responsible for providing compensation, rerouting and assistance to those passengers in accordance with Articles 7, 8 and 9 of this Regulation. The operating air carrier shall also provide such rerouting and assistance to their accompanying person in accordance with the conditions referred to in Article 4(2) of Regulation (EC) No 1107/2006. The airport managing body shall reimburse the operating air carrier for the costs incurred by that operating air carrier in accordance with the first subparagraph of this paragraph. By 23 October 2027, the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 16h(3) laying down the practical modalities for that reimbursement. That implementing act shall not undermine the air carrier’s responsibilities in relation to the provision of compensation, rerouting and assistance to passengers pursuant to this paragraph. 8. Where the air carrier, or its authorised agent, concludes a contract with a person acting on behalf of unaccompanied minors with a view to providing those minors with specific assistance for their journey, and, as a result of a failure to provide specific assistance, those minors miss their flight, the operating air carriers shall be responsible for providing compensation, rerouting and assistance to those minors in accordance with Articles 7, 8 and 9. 9. In applying the rerouting and assistance in accordance with Articles 8 and 9, the operating air carrier shall pay particular attention to the needs of the persons referred to in paragraph 3 of this Article. Air carriers shall provide that rerouting and assistance to those persons, including to any persons or recognised assistance dogs accompanying them, as soon as possible. 10. Article 9(6) shall not apply to a passenger referred to in paragraph 3 of this Article, or to any persons or recognised assistance dogs accompanying them.’ ; (16) the following articles are inserted: ‘Article 11a Personal item and hand baggage 1. Without prejudice to Regulation (EC) No 1107/2006, operating air carriers shall permit passengers to carry a personal item into the cabin and at no extra cost. Without prejudice to Regulation (EC) No 1107/2006, operating air carriers shall, subject to the capacity of the aircraft cabin, permit passengers to carry a piece of hand baggage into the cabin. Whenever air fares are offered or published, air fares including allowance for a piece of hand baggage shall be displayed by default before the start of any booking process. This paragraph shall not prevent air carriers or intermediaries from offering commercially differentiated offers to passengers who voluntarily choose to travel without hand baggage. 2. In cases where specific reasons, such as safety reasons, capacity reasons or a change of the aircraft type since the booking was made, preclude the carriage in the cabin of a personal item or a piece of hand baggage referred to in paragraph 1, the operating air carrier may require at check-in or at the gate, as appropriate, that unchecked baggage be carried in the hold of the aircraft, but at no further cost to the passenger. 3. This Article does not affect the restrictions on unchecked baggage established by Union rules, such as those laid down in Regulation (EC) No 300/2008 of the European Parliament and of the Council ( *7 ) and Commission Implementing Regulation (EU) 2015/1998 ( *8 ) , or those established by international security and safety rules. Article 11b Boarding passes Passengers shall not be denied boarding on the grounds that they used their own printed version of a digitally issued boarding pass on the condition that it is printed in a clear and machine-readable way. Passengers shall not be denied boarding on the grounds that they did not pay an additional charge for using their own printed version of a digitally issued boarding pass. Where air carriers provide for digital boarding passes, passengers shall be able to obtain their boarding passes digitally, upon check-in, without any further request and shall not be obliged to have a user account or a specific application to obtain and print their boarding passes. Air carriers may not impose an additional charge for providing the passenger with a printed version of a boarding pass if the passenger has already checked in. ( *7 ) Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 ( OJ L 97, 9.4.2008, p. 72 , ELI: http://data.europa.eu/eli/reg/2008/300/oj )." ( *8 ) Commission Implementing Regulation (EU) 2015/1998 of 5 November 2015 laying down detailed measures for the implementation of the common basic standards on aviation security ( OJ L 299, 14.11.2015, p. 1 , ELI: http://data.europa.eu/eli/reg_impl/2015/1998/oj ).’;" (17) Article 12 is replaced by the following: ‘Article 12 Further rights 1. This Regulation shall not affect the rights of passengers granted pursuant to other legal acts including Directive (EU) 2015/2302, unless otherwise provided for in this Article. The compensation granted in accordance with Article 7 or the reimbursement granted in accordance with Article 10(2) of this Regulation shall be deducted from the compensation or price reduction granted in accordance with other legal acts, such as Directive (EU) 2015/2302, if the rights for which the compensation or price reduction is granted safeguard the same interest or have the same objective. Similarly, the compensation or price reduction granted in accordance with other legal acts, such as Directive (EU) 2015/2302, shall be deducted from the compensation granted in accordance with Article 7 or the reimbursement granted in accordance with Article 10(2) of this Regulation, if the rights for which the compensation or price reduction is granted safeguard the same interest or have the same objective. Notwithstanding the right of a package travel organiser to seek redress or refunds in accordance with Article 22 of Directive (EU) 2015/2302, without prejudice to Article 13 of this Regulation, and by way of derogation from Article 8(1), first subparagraph, point (a), of this Regulation, if the flight is part of a package travel contract as defined in Article 3, point (3), of Directive (EU) 2015/2302, passengers shall have no right to reimbursement in accordance with this Regulation insofar as a corresponding right arises from Directive (EU) 2015/2302. 2. Without prejudice to relevant principles and rules of national law, including case-law, paragraph 1 of this Article shall not apply to volunteers in accordance with the conditions set out in Article 4(2). 3. When compensation or reimbursement has already been paid to the passenger in accordance with the legislation of a third country, the amount of such compensation or reimbursement shall be deducted from the amount of the compensation or reimbursement granted in accordance with this Regulation.’ ; (18) the following article is inserted: ‘Article 12a Correction of names 1. The operating air carrier shall, upon receipt of a request submitted at the latest 48 hours before the scheduled time of departure, correct spelling mistakes in a passenger’s name or, in the case of an administrative change, update a passenger’s name. Such a correction or update shall be made free of charge at least once and shall not constitute grounds for denied boarding in accordance with Article 4. 2. The request referred to in paragraph 1 may be submitted by: (a) a passenger in relation to that passenger’s name or the name of any passenger whose ticket is part of the same air transport contract as the ticket of the passenger submitting the request; (b) an intermediary in relation to the name of a passenger in respect of whom the intermediary has made the booking. 3. A correction or update made pursuant to paragraph 1 shall not constitute a transfer of a ticket from the passenger to another person.’ ; (19) Article 13 is replaced by the following: ‘Article 13 Right of redress In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it pursuant to this Regulation, no provision of this Regulation or of national law may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the applicable Union or national law. In particular, this Regulation shall in no way restrict the right of the operating air carrier to seek compensation or to recover its costs from an airport or from another third party with which the operating air carrier concluded a contract.’ ; (20) Article 14 is replaced by the following: ‘Article 14 Obligations to inform passengers 1. The operating air carrier and the intermediary shall include on its website and mobile application an information notice specifying rights under this Regulation, including information on the complaint handling process. In order to comply with that requirement, the operating air carrier and the intermediary may use a summary of the provisions of this Regulation prepared and made available to the public by the Commission in all official languages of the Union. 2. When offering tickets for a flight or connecting flights and prior to the purchase of the tickets for such flights, air carriers and intermediaries shall inform the passenger of the following: (a) the type of ticket or tickets being offered, in particular whether the ticket or tickets are covered by a single air transport contract or a combination of separate air transport contracts; (b) the rights and obligations of the passenger, the operating air carrier and the intermediary under this Regulation, as attached to the air transport contract, including information on complaint handling and on the reimbursement processes; (c) the deadline and the procedure by which a passenger can request a correction of a name as specified in Article 12a; (d) the terms and conditions of the air transport contract; (e) the procedure for retrieving personal items or hand baggage forgotten in the cabin; that information shall include electronic contact details, applicable forms, and any other pertinent details necessary for the passenger to initiate a request; and (f) the contact details for help and assistance in the case of a disruption. 3. An intermediary or an air carrier which sells tickets covered by a combination of air transport contracts shall inform the passenger prior to the purchase, that the tickets are covered by separate air transport contracts and that the rights under Articles 7, 8 and 9 relating to compensation, reimbursement, rerouting or assistance in the case of a missed subsequent flight do not apply under the separate air transport contract. That information shall be clearly stated and provided on a durable medium when selling the tickets. 4. The airport managing body or, where relevant, the operating air carrier, shall ensure that at the check-in desks (including at self-service check-in machines) and at the boarding gate, the following text is displayed in a clear manner: “If you are denied boarding or if your flight is cancelled or delayed for at least two hours at departure, or delayed for more than three hours at arrival at your final destination, ask at the check-in counter or boarding gate for the information notice stating your rights, particularly with regard to reimbursement or rerouting, assistance and possible compensation”. That text shall be displayed at least in the language or languages of the location of the airport and in a language that is used internationally. The airport managing body shall also ensure that at the check-in desks, next to that text, a QR code or any other digital means is displayed to access the mobile application of the Commission on passenger rights containing a summary of this Regulation. To that end, airport managing bodies shall cooperate with operating air carriers. 5. Following the purchase of the tickets, the operating air carriers shall, without undue delay, provide passengers with the information set out in paragraph 2 on a durable medium. 6. Air carriers and intermediaries, where relevant, shall provide the information pursuant to this Article in the language of the air transport contract and a in a language that is used internationally. 7. The information for, the correspondence or the exchange of forms or documents with passengers pursuant to this Regulation, including communication referred to in Article 7(4) and offers of choices or agreements in accordance with Article 4, 5, 6b, 7, 8 or 8a shall be easily available and provided in a clear and unambiguous manner. Where information, correspondence, forms or documents are provided by electronic means, air carriers and intermediaries shall provide them on a durable medium, and they shall include the date and time. For such purposes, air carriers and intermediaries shall ensure that a passenger is not obliged to have a user account or a specific application as a precondition for accessing or receiving information, correspondence, forms or documents pursuant to this Regulation, including boarding passes, but excluding information and documents relating to matters such as frequent flyer programmes or other commercial programmes offered by an air carrier or intermediary. The burden of proof with regard to establishing whether and when they have provided the necessary information, correspondence, forms or documents including as regards the communication referred to in Article 7(4) and boarding passes or offers for choices or agreements in accordance with Article 4, 5, 6b, 7, 8 or 8a to passengers shall rest with the air carriers and intermediaries. For the purposes of this Regulation, all means of communication shall enable the passenger to contact air carriers and intermediaries quickly, free of charge and to communicate effectively.’ ; (21) the following article is inserted: ‘Article 15a Complaint to the air carrier or the intermediary 1. Each air carrier and intermediary shall set up a complaint-handling mechanism for the rights and obligations covered by this Regulation in their respective fields of responsibility. 2. Passengers may submit a complaint to any air carriers or intermediaries regarding their respective fields of responsibility by means of the mechanism referred to in paragraph 1. Such a complaint shall be submitted within 12 months from the date on which the flight was performed or was scheduled to be performed, or three months after submitting a request for compensation, whichever is later. Within seven working days of receiving the complaint, the addressee shall confirm receipt of the complaint to the passenger. Within one month of receiving the complaint, the addressee shall either provide a reasoned reply or, in duly justified cases, inform the passenger that he or she will receive a final reply within a period of less than two months from the date of receipt of the complaint. The final reply shall also contain the relevant contact details of the body or bodies responsible for the handling of complaints pursuant to this Regulation. That obligation may be fulfilled by referring the passenger to the list of complaint-handling bodies made available by the Commission. 3. The burden of proof with regard to establishing the provision of the requisite information to passengers shall rest with the air carrier and the intermediary.’ ; (22) the following article is inserted: ‘Article 16h Committee procedure 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( *9 ) . 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. ( *9 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ( OJ L 55, 28.2.2011, p. 13 , ELI: http://data.europa.eu/eli/reg/2011/182/oj ).’;" (23) Article 17 is replaced by the following: ‘Article 17 Review and report 1. By 23 October 2031 and every five years thereafter, the Commission shall report to the European Parliament and the Council on the list of extraordinary circumstances set out in the Annex, in the light of the events affecting the timely and effective operation of flights having occurred during the years preceding each report. 2. By 23 October 2031 and every five years thereafter, the Commission shall report to the European Parliament and the Council on the operation, enforcement, and the results of this Regulation. The Commission shall include in the report information on the enhanced protection of air passengers on flights to and from third countries operated by third-country air carriers. That report shall also include a review of the thresholds, and of the amounts set out in this Regulation, taking into consideration, inter alia, the evolution of air fares, the inflation rate and statistics on denied boarding, cancellations, delays and missed connecting flights imputable to air carriers, as well as statistics on downgrading, during the five preceding years. In the report pursuant to the first subparagraph, the Commission shall also assess: (a) the necessity and the feasibility of revising the scope of this Regulation with a view to further enhancing the protection of passengers and the level playing field between Union and third-country air carriers, as well as connectivity aspects. In particular, the Commission shall assess the risks of conflict of jurisdictions and difficulties related to enforcement and shall recommend ways to mitigate those risks and address those difficulties; (b) the feasibility of further automation of requests for or payments of compensation for delays. 3. Those reports shall be accompanied, where necessary, by legislative proposals.’ ; (24) the text set out in Annex I to this Regulation is added as the Annex to Regulation (EC) No 261/2004.