Passenger Air Taxi Services: An Assessment of the Current European Union Rules on Consumer Protection for Passengers

Abstract

The Paris Olympics and Paralympics are scheduled to take place between 26 July and 8 September 2024, whereby electric vertical take-off and landing aircraft are anticipated to take to the skies to offer a new mobility solution to spectators of the Games. This will allow paying members of the public to move between different points within the Paris region akin to an on-demand taxi service, but through the air; passenger air taxi services (PATS). These passengers, as consumers, will have certain rights and duties under European Union law. To determine the level of protection afforded to these air passengers, a full assessment of Regulation (EC) No 261/2004 is required. As the revision of the Regulation is currently on the European Commission’s agenda, it is also important to consider its revision in light of PATS, whereby new technology, emerging business practices, changing customer behaviour and societal expectations for the level of legal protection of PATS users must be considered. This article will, therefore, assess the current version of the Regulation, in light of the interpretation from the European Court, to see whether it applies to PATS and, if so, whether it is suitable or if specific amendments need to be added to the planned revised Regulation.