AIR PASSENGER RIGHTS. ANALYSIS OF EUROPEAN AIRLINES POLICIES and COMPARISON with US FAA FINAL RULE

Transcription

1 CARRYING of MUSICAL INSTRUMENTS on AIRPLANES in the context of the Proposal for Revision of AIR PASSENGER RIGHTS ANALYSIS OF EUROPEAN AIRLINES POLICIES and COMPARISON with US FAA FINAL RULE Ref AD_GM/P February 2015 in-house research carried out by Pearle*-Live Performance Europe 1

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3 TABLE OF CONTENTS 1) INTRODUCTION...page 4 2) TRAVELLING WITH MUSICAL INSTRUMENTS in the AIR PASSENGER RIGHTS PROPOSAL FOR REGULATION ANALYSIS...page 5 3) AIRLINES POLICIES SURVEY ( COMPARISON)...page 7 4) US FAA FINAL RULE and EC PROPOSAL - COMPARISON...page 19 5) GENERAL CONCLUSIONS...page 27 6) ANNEXES: I. examples of cases II. text article 6e proposal of the EC, including amendments EP III. text FAA implementing FINAL RULE 3

4 1) INTRODUCTION Touring orchestras, music ensembles, music groups and individual musicians report regular difficulties when travelling with music instruments on airplanes. An internal survey amongst members of Pearle* representing orchestras, music ensembles and groups allowed to identify particular issues arising when travelling by airplane with a musical instrument. Simultaneously also the International Federations of Musicians (FIM) queried its affiliates (see annex I). Outcomes revealed problems and complaints arising from non harmonised airline policies from companies operating in Europe, resulting in differences between the conditions of carrying musical instruments on board or as luggage. The experienced hindrances and obstacles relate to two main categories of complaints: handling the instrument at the airport and in the aircraft and procedures related to the booking of a ticket. A general concern about the lack of sufficient and clear information was also raised. Meanwhile, in the United States, specific provisions were adopted by the Congress on 6 February 2012 on travelling with music instruments on airplanes in the United States FAA Air Transportation Modernization and Safety Improvement Act - SEC On the other side of globe, the live performance sector in Australia first came to an agreement with Virgin Airlines in 2011, which was then also picked up by Qantas in February 2012, on travelling with music instruments by airplane in Australia, creating thus a similar airline policy on the carrying of musical instruments, accommodating the needs of the sector. In particular, the agreements make domestic air travel for musicians in Australia much more affordable. The luggage pooling arrangements under both plans are particularly useful for touring bands, who can split their excess luggage arrangements amongst band members, to accommodate excess weight. With these two large countries as an example, and due to the stream of difficulties and problems experienced by travelling musicians, the revision of the two passengers rights regulations allowed to address the particular concerns for musicians when they travel by airplane in order to execute their profession. This paper gives an insight in the differences between European airline policies on musical instruments and compares the EC proposal on air passenger rights to the relevant US regulation. 4

5 2) TRAVELLING WITH MUSICAL INSTRUMENTS in the AIR PASSENGER RIGHTS PROPOSAL FOR REGULATION - ANALYSIS The European Commission published in March 2013 a Proposal for a Regulation of the European Parliament and of the Council 2013/0072(COD), amending two Regulations as follows:: - common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation (EC) N 261/2004), and - air carrier liability in respect of the carriage of passengers and their baggage by air when their travel plans are disrupted by denied boarding, long delays, cancellations or mishandled baggage (Council Regulation (EC) No 2027/97). A specific provision concerning the carrying of musical instrument on planes has been included in the proposal for revision of Council Regulation No 2027/97, notably Article 6e. Article 6e provides that: Hand Baggage Extra Seat Hold Baggage Booking Procedure And INFORMATION CONDITIONS MUSICAL INSTRUMENT SUBJECT to: IF it can be stowed safely: in a suitable bagagge compartment OR under the passenger seat IF does not fulfill hand baggage conditions IF requested, IF space is available ALLOWED - MAY FORM PART OF THE PASSENGER HAND- BAGGAGE ALLOWANCE. (POSSIBLE ADDITIONAL CHARGES) SECOND SEAT purchasable To be carried in a HEATED PART OF THE HOLD. Applicable Safety Rules AND technical specifications and constraints of the aircraft Payment of SECOND FARE Applicable safety rules AND technical specifications of the aircraft An Air Carrier shall clearly indicate in its terms and conditions the basis on which musical instruments will be transported, including the applicable charges. 5

6 The 5 th of February 2014 the European Parliament adopted its position (see annex II b) on the Proposal and amended article 6e by introducing some changes mainly concerning: - the obligation for carriers ( SHALL ) to accept the Musical Instrument as part of the passenger s Hand Luggage Allowance (FREE of CHARGE); - the Airport Departure Tax repeal for the Extra Seat; - the duties of properly packaging the instruments (for musicians) and the labeling of their cases (for air carriers), when to be carried in the cargo hold compartment. At the Transport Council of 5-6 June 2014, a progress report was presented by the Hellenic presidency on the state of play reached by the Aviation Working Group as on 26 May According to the text negotiated, Art.6e has been deleted. A reference on the transport of musical instruments has been included just in a recital (n 29), which is aimed at encourag(ing) the transportation of musical instruments under appropriate conditions. By putting the reference to the musical instruments in a recital, the conditions to carry musical instrument on airplanes in the EU would remain subject to the discretion of airlines companies, without any kind of legal certainty protection for this group of passenger. However, we are nowadays awaiting Council first reading position, which is expected by the first half of Meanwhile in the US, a Final Rule amending section 403 of the FAA Modernization and Reform Act of 2012 has been adopted. The purpose of this rulemaking is to implement regulations regarding the carriage of musical instruments as carry-on baggage or checked baggage on commercial passenger flights operated by air carriers. Further in this paper a comparative analysis is made between the US Final Rule and the proposal of the European Commission. 6

7 3) AIRLINES POLICIES SURVEY ( COMPARISON) In 2012, in absence of a European framework on airline policies for the travelling with musical instruments, Pearle* developed an in-house publication Guidance for Musician and Touring Music Groups. The paper includes an overview of fourteen European airline company policies concerning the transport of Musical Instruments: - Airfrance - Alitalia - British Airways - Brussels Airlines - Easyjet - Iberia - KLM - LOT - Lufthansa - Ryanair - SAS - Swiss Airlines - TAP - Wizzair The following pages present an updated analysis of each of these airline company policies. It compares their terms and conditions to those dated at The criteria which were used for the policy analysis differ from the ones considered in 2012, which explains in some cases a lack of available information. The main criteria used in 2012 were based upon a survey amongst orchestras, music ensembles and individual musicians. They were: hand luggage, hold luggage and extra seat. For the current analysis, the proposed provision from the Commission and the US FAA regulation were taken as a lead, looking for the following criteria in airline policies: hand luggage, hold luggage, extra seat, overweight, additional luggage, airport taxes (for extra seat for instruments), booking procedure, instrument case requirement. The objective of comparing the airline policies of 2012 and 2014, covering the period before the EC proposal on art 6e and after the proposal, is to verify the state of art situation and to check whether there is a tendency with airline companies to improve the travelling for musicians taking their musical instruments on airplanes. The figures and data, as well as the comparison between them, also show whether revisions and changes operated by the private companies are going into the direction of the European legislative proposal. LEGEND IMPROVED CHANGE DETRIMENTAL CHANGE NOT CLEAR / LACK OF INFORMATION INFO not available in 2012 NO CHANGES HAPPENED 7

8 AIRLINES COMPANY AIRFRANCE Terms & Conditions HAND LUGGAGE Only some instruments (i.e. Violin, Mandolins, Banjo) Weight: Up to 12 kg ; Size: 55x35x25 Free of Charge (part of the hand baggage) HOLD LUGGAGE 32 kg 23 kg OVERWEIGHT Up to 75 kg allowed /// Form 23 kg to 32 kg: extra fee Over 32 kg: Heavy Instruments allowed (exception) ADDITIONAL LUGGAGE Purchasable EXTRA SEAT Extra Fare AIRPORT TAXES Not specified = YES BOOKING Prior Approval from the company PROCEDURE INSTRUMENT CASE HAND LUGGAGE /// Size: 55x35x25 ; Weight: 8 kg Free of Charge (part of the hand baggage) Hard cases with round edges ALITALIA All Musical Instruments Size: 115 cm ; Weight: 8 kg Free of Charge (part of the hand baggage) HOLD LUGGAGE All Musical Instruments All musical instruments Size: no longer than 100 cm Size: from 115 up to 158 cm Weight: up to 23 kg Weight: up to 23 kg OVERWEIGHT and/or ADDITIONAL LUGGAGE If the luggage is over the limits, an excess baggage charge applies From 23 up to 32 kg: extra fee Extra luggage purchasable EXTRA SEAT Cello Cello and similar instruments Max dimensions (including the base): 52x40x135cm Max dimensions (including the base): 52x40x135cm Adult ticket in Economy Class Extra fare 8

9 AIRPORT TAXES YES Not specified = almost yes BOOKING Not specified Notification to the Customer Service: 48 hrs before PROCEDURE Check-in: 30 minutes in advance of the set time limits Check-in: 60 minutes in advance of the set time limit INSTRUMENT CASE Special hard case Special hard case BRITISH AIRWAYS HAND LUGGAGE Small Musical Instruments Small Musical Instruments Size: 55x40x20 ; Weight: up to 23 kg Size: 56x45x25 ; Weight: up to 23 kg Free of Charge (part of the hand baggage) Free of Charge (part of the hand baggage) HOLD LUGGAGE OVERWEIGHT ADDITIONAL LUGGAGE EXTRA SEAT AIRPORT TAXES BOOKING PROCEDURE INSTRUMENT CASE HAND LUGGAGE Musical Instruments Size: 90x75x43 ; Weight: 23 kg Part of passengers free checked baggage allowance Double bass accepted even if it exceeds max dimension (Excess baggage charge applies) Larger Instruments (If the company is notified 24 before the departure) Size: 190x75x65 cm ; Weight: from 23 up to 45 kg Excess baggage charge applies Purchasable Purchasable, depending on availability Not specified NO online procedure ; YES by phone or through agent YES at the airport (no prior notification) Not specified BRUSSELS AIRLINES Small Musical Instruments provided they fit in the overhead compartment or under the seat in front of the owner 9

10 Free of Charge (part of the hand baggage) HOLD LUGGAGE NO INFO Contact Service center Big Instruments (i.e. Contrabass) NO INFO Contact Service center OVERWEIGHT / Up to 32 kg Excess baggage charge applies ADDITIONAL LUGGAGE / Purchasable EXTRA SEAT / Musical Instruments not fitting in the cabin require to purchase an extra seat AIRPORT TAXES / NO TAXES BOOKING PROCEDURE / NO INFO Contact Service center INSTRUMENT CASE / Not specified EASYJET HAND LUGGAGE Musical Instruments Subject to: Space availability in the overlocks and captain s discretion. Size: 30x120x38 Free of Charge (part of the hand baggage) HOLD LUGGAGE (not included) Larger instruments Weight: up to 20 kg Larger instruments Weight: up to 32 kg OVERWEIGHT / From 20 to 32 kg Excess baggage charge applies ADDITIONAL LUGGAGE Purchasable EXTRA SEAT Cellos require to purchase an extra seat Bigger instruments (i.e. double bass, harps) AIRPORT TAXES YES BOOKING PROCEDURE Online or calling Customer Service Team INSTRUMENT CASE Not specified 10

11 HAND LUGGAGE HOLD LUGGAGE OVERWEIGHT ADDITIONAL LUGGAGE EXTRA SEAT AIRPORT TAXES BOOKING PROCEDURE INSTRUMENT CASE HAND LUGGAGE HOLD LUGGAGE OVERWEIGHT IBERIA Musical Instruments Size: 30x120x38 cm Free of Charge (part of the hand baggage) Size: 190x75x65cm Weight: 23 kg Free of charge (part of personal baggage allowance) From 23 to 32 kg Excess baggage charge applies From 32 to 45 kg Considered as additional baggage - Charged Purchasable Contact Iberia Bookings Centre to check availability and dimensions Not specified Contact Iberia Bookings Centre Not specified KLM Musical Instrument (i.e. Guitar or Smaller) Size: up to 115 cm ; Weight: 12 Free of charge (part of personal hand baggage allowance) Lenght: up to 100 cm ; Weight: 23 kg Part of standard baggage allowance (Purchasable) Larger than 203 cm or Heavier than 32 kg Permission to be requested Musical Instrument (i.e. Violin or Smaller) If it fits in the overlocked Free of charge (part of personal hand baggage allowance) Size: 158 cm ; Weight: 23 kg Part of personal baggage allowance (Purchasable) W: from 23 to 32 kg Excess baggage charge applies More than 32 kg or more than 200 cm: Prior approval and reservation via KLM Telephone 11

12 ADDITIONAL LUGGAGE EXTRA SEAT AIRPORT TAXES BOOKING PROCEDURE INSTRUMENT CASE HAND LUGGAGE HOLD LUGGAGE OVERWEIGHT ADDITIONAL LUGGAGE EXTRA SEAT Larger instruments not fitting on the overhead compartment, nor under the seat if no longer than 140 cm no heavier than 46 kg Purchasable Reservations Larger Instruments not fitting on the overhead compartment, nor under the seat Not Specified contact KLM Telephone Reservations, 48 hours in advance Hard Case (If not, company iis not reliable for damages) LOT Musical Instruments not suitable for transport in the hold compartment will be accepted in the cabin compartment (not specified if as Hand luggage or with an extra seat) Only if due notice in advance and permission granted by carrier. Additional charge may have to be paid Not specified Not specified Not specified Musical Instruments are part of My Leisure Equipment Weight: 45 kg Musical Instruments not suitable for transport in the hold compartment will be accepted in the cabin compartment Only if due notice in advance and permission granted by carrier. Additional charge may have to be paid AIRPORT TAXES BOOKING PROCEDURE Not specified My Leisure Equipment service on-line or LOT Call Centre not later than 24 hours before the departure INSTRUMENT CASE / LUFTHANSA 12

13 HAND LUGGAGE HOLD LUGGAGE OVERWEIGHT ADDITIONAL LUGGAGE EXTRA SEAT AIRPORT TAXES BOOKING PROCEDURE INSTRUMENT CASE HAND LUGGAGE HOLD LUGGAGE OVERWEIGHT ADDITIONAL LUGGAGE EXTRA SEAT Size: 55x40x23 cm ; Weight: 8 kg (Items in general) Size: 158 cm ; Weight: 23 kg (Items in general) Items of baggage that are larger or heavier or additional to the free baggage allowance Excess baggage charges apply Special tariffs and conditions apply to the transportation of musical instruments. Further information about these can be obtained from the Lufthansa Service Team. RYANAIR Size: 55x40x20 ; Weight: 10 kg (Items in general) Musical Instruments within the personal checked baggage allowance (up to 20 kg Purchasable online and at airport) Large Musical Instruments UNSUITABLE for carriage Over 20 kg Excess baggage rate per kilo Checked baggage allowance of 15 or 20 kg Purchasable (Items in general) Large Musical Instruments (i.e. harps, drums, double bass) in addition to personal checked baggage allowance (up to 20 kg Purchasable online and at airport) Smaller Musical Instruments (i.e. guitar, violin, viola) (exceeding cabin baggage dimensions) require reservation in advance Extra fare 13

14 AIRPORT TAXES Yes BOOKING PROCEDURE Online Surname: ITEM SEAT ; First: EXTRA INSTRUMENT CASE Not specified SAS HAND LUGGAGE Musical Instrument Size: 55x40x23 ; Weight: 8 kg Free of charge (part of personal baggage allowance) HOLD LUGGAGE 1 Musical Instruments Free of Charge (part of checked baggage allowance) OVERWEIGHT Musical Instruments Up to 45 kg Double Bass If registered in booking, prior to departure ADDITIONAL LUGGAGE /// Purchasable EXTRA SEAT Cello (ONLY) Extra seat Fare AIRPORT TAXES Not specified BOOKING PROCEDURE SAS Customer Contact Center INSTRUMENT CASE HAND LUGGAGE HOLD LUGGAGE Hard case SWISS AIRLINES Musical Instruments Size: 55x40x23 ; Weight: 8 kg Free of charge (part of personal baggage allowance) Musical Instruments exceeding hand baggage size and weight (if space not available in cabin) Free of Charge (part of checked baggage allowance) Musical Instruments exceeding hand baggage size and weight (if space not available in cabin) Registered at booking time Free of Charge (part of checked baggage allowance) OVERWEIGHT /// Weight: up to 32 kg 14

15 Excess baggage rates ADDITIONAL LUGGAGE /// Purchasable EXTRA SEAT Musical Instruments exceeding hand baggage size and weight (if available space in cabin) Extra fare AIRPORT TAXES Yes BOOKING PROCEDURE Travel Agent ; SWISS point of sale / NOT Online INSTRUMENT CASE Not specified TAP HAND LUGGAGE Size: 115 cm ; Weight: 8 kg (Items in general) Flexibility may apply depending on aircraft equipment and/or restrictive governments regulations HOLD LUGGAGE Size: 158 cm ; Weight: 23 kg (Items in general) Musical Instruments Size: 158 cm ; Weight: 23 kg Free of Charge (part of checked baggage allowance) OVERWEIGHT /// Musical Instruments Size: 190x75x65 cm ; Weight: 32 kg require notification at booking time (or 24hrs before departure) ADDITIONAL LUGGAGE /// Not specified EXTRA SEAT Musical Instruments in cabin Weight: up to 84 kg Extra fare If heavier: More than 1 extra seat/fare AIRPORT TAXES Not specified BOOKING PROCEDURE /// Prior to departure (not specified) INSTRUMENT CASE /// Rigid and/or Hard shell container, 15

16 HAND LUGGAGE specifically designed for shipping. Passanger is responsible for properly prepare a musical a musical instrument WIZZAIR Size: 50x40x20 cm ; Weight: 10 kg (Items in general) HOLD LUGGAGE Size: 150x120x170 cm ; Weight: 32 (Items in general) First piece: Free of Charge Musical Instrument Size: 56x45x25 (80 cm of lenght); Weight: 10 kg Free of Charge (part of checked baggage allowance) Musical Instrument larger than a cello (e.g. double bass, harp, etc.) must be checked in with a limited release tag Purchasable OVERWEIGHT /// Maximum weight 32 kg (included) ADDITIONAL LUGGAGE Purchasable EXTRA SEAT Musical Instrument not fitting in the overhead compartment or under the seat (Prior approval to be obtained via WizzAir Call Center) Extra Adult Fare AIRPORT TAXES BOOKING PROCEDURE INSTRUMENT CASE Yes Online First name: EXST ; Passenger s Surname Not specified 16

17 FINDINGS The analysis of the different airlines companies policies demonstrates that there is NO GENERAL AND COMMON APPROACH in ruling the transport of musical instruments for the listed criteria. Such situation creates legal uncertainty for the passenger travelling with a musical instrument and hinders musicians to undertake their profession of which touring is an fundamental part. Compared to 2012, a few changes to different airline policies happened in 2014 : Carrying of Musical Instruments as Hand Baggage 10 companies (out of 14) permit the transportation of one musical instrument in the cabin, as part of the passenger s allowance and costs-free. The 4 remaining companies do not give specific information, they just provide conditions for transport items in general. This is a fairly good outcome and preferably would be extended to all companies as a general practice. Example of good practice, British Airways provides that: Musical instruments shall be taken on board as part of your free hand baggage allowance providing they fit within the maximum bag dimensions. To be able to keep the musical instrument (often highly valuable) is the most desired option, as it allows the musician to keep a direct and safe contact with his own instrument. (It is also preferable as it avoids additional costs.) Carrying of Musical Instruments in the Hold compartment 8 companies allow one instrument as part of the personal hold baggage allowance. 4 of them provide that service only if a baggage allowance is purchased (normally the case for Low-Cost companies). The 2 remaining companies do not give any information in this regard. This requires specific hard cases (of which some companies have prescriptive demands) which are uncomfortable to travel further once at destination. Even with hard cases, the protection of the precious instrument is not always guaranteed as it depends on the handling by the ground personnel. Booking an extra seat to travel with a musical instrument This possibility is provided by most of the airlines companies concerned by the survey. 6 of them allow it indiscriminately. A further 6 require a prior approval from the carrier, in order to check availability and M.I. dimensions. SAS accepts just Violoncello to be carried in the cabin by purchasing an extra seat. For Lufthansa, passengers have to call to its Customer Service Call Center in order to have information on the policy concerned. 17

18 Airport departure taxes to be paid when purchasing an extra seat for a musical instrument. Indeed 6 companies do that. Although, 7 of them do not provide any information on it, but it is presumable that without a specific provision avoiding this cost, passenger would have to pay the full fare. Good practice example, Brussels Airlines specifies that: for the extra seat you will be charged the fare excluding taxes. It has been underlined at several stages that there is a need to be able to book online the extra seat for the musical instrument. It allows to speed up the booking procedure and more in particular to ensure (and thus create a higher degree of certainty) that the musician concerned will have the capacity to travel with the instrument. 4 airlines companies provide indeed this possibility (sometimes as the only way of booking). Instead, the majority of the Airlines companies in the survey, notably 10 of them, do not provide this service. Some of them even require for a prior approval from the airline company services, others link the acceptance to the space availability on the aircraft. A specific instrument case is sometimes required in order to allow the carrying of Musical Instruments. 9 of the companies concerned, do not mention any provision regarding the point. On the other hand, 5 companies do ask a specific hard case (some require it to have round edges, i.e British Airlines) to contain the instrument during its transport. TO CONCLUDE: Whereas a majority of airline companies allow to take (small) instruments as part of handluggage, it is noted that only 6 airlines companies improved their policy in 2014 (compared to 2012) and somehow made it easier to travel with musical instruments. Although ANY AIRLINE POLICY HAS IMPROVED ALL CRITERIA CONCERNED the survey, nor with those contained in the regulatory acts proposed as a reference, notably the European Commission Proposal for Regulation 2013/0072(COD) and the US FAA Modernisation and Reform Act and its implementing Final Rule. The latter will be analysed and compared in the following chapter. 18

19 4) US FAA FINAL RULE and EC PROPOSAL COMPARISON On December 29 th 2014, the U.S. Department of Transportation (USDOT) issued final regulations to improve air travel with musical instruments. The rules require US certified airlines companies to update their policies and practices. This action comes nearly three years after the Federal Aviation Administration (FAA) Modernization and Reform Act was signed into law, including a section mandating improved airline policies for musicians travelling with their instruments. This policy development is the result of intense and prolonged advocacy efforts by the music community, including exchanges between musician organisations and airline representatives, as a parallel approach to the US Department s rulemaking. The partnership resulted in important actions aimed at informing musicians about their duties and rights and at raising awareness on airlines policies terms and conditions. As an example, Airlines for America (A4A), the trade organization for major U.S. airlines, established a page on its website that provides a summary of member airlines baggage policy regarding musical instruments and links to each individual carrier s webpage for that information 1. The US Department has created a webpage providing useful tips and information for consumers on how to prepare for air travel with musical instruments 2. The League of American Orchestras did the same. Stakeholders from both parts as well as the US Government demonstrated the will to ensure the safe transport of musical instruments by air and increasing efficiency and customer satisfaction. In concrete, the new rules require airlines to adequately accommodate musical instruments in their formal policies for checked and carry-on baggage, and to ensure that front-line airline personnel consistently apply the policies. The following pages describe in detail the US Final Rule and compare it to the above mentioned EC Proposal. The relevant and full text of the US Final Rule can be consulted in the annex to this paper. 1 Information on musical instruments from Airlines for America (A4A): 2 Department of Transportation, Tips for traveling with musical instrument: 19

20 The policy items are divided in three parts: - Transport of Small Instruments as Carry-On Baggage (which corresponds to the Hand baggage carrying), - Transporting Large Instruments as Carry-On Baggage (referring to the carrying of the instrument on an extra seat) - Transporting Large Instruments as Checked Baggage (which corresponds to the carriage as Hold baggage). The second column describes the provisions as in the Proposal of Regulation launched in 2013 by the European Commission. The third and most right column gives an analysis and comparison of the two texts. This comparative exercise is possible because of the high degree of similarities contained in both legal acts. POLICY ITEM US FINAL RULE EC PROPOSAL art.6e COMPARISON SIMILAR PROVISION LEGEND 20

21 POLICY ITEM US FAA Modernization and Reform Act of Final Rule on Part 251 Carriage of Musical Instruments EC Proposal 2013/0072 (COD) amending Regulations (EC) No 261/2004 and No 2027/97 COMPARISON (1) Transport of Small Instruments as Carry-On Baggage (HAND BAGGAGE) Carrier shall permit a passenger to carry a violin, guitar, or other small musical instrument in the aircraft cabin, if (a) the instrument can be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat, in accordance with the requirements for carriage of carry-on baggage or cargo established by the FAA; and (b) there is space for such stowage at the time the passenger boards the aircraft. (on a first come, first served basis) without charging the passenger a fee in addition to any standard fee that carrier may require for comparable carry-on baggage, (same treatment as normal checked luggage) Carrier shall permit a passenger to carry a musical instrument in the passenger cabin of an aircraft, subject to (a) applicable safety rules: instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat. (b) technical specifications and constraints of the aircraft concerned. An air carrier may determine that a musical instrument shall form part of a passenger's hand luggage allowance and not be carried in addition to that allowance. OBLIGATION for CARRIER Air Carrier SHALL permit the carriage MANDATORY CONDITIONS: (a) Stowed safely (b) Space availability COSTS: SHALL PART of the ALLOWANCE (No additional charges) Standard fee for additional luggage (same treatment as normal checked luggage) (a) Stowed safely (b) Technical specifications and constraints MAY PART of the ALLOWANCE (No additional charges) 21

22 (2) Transporting Large Instruments as Carry-On Baggage (EXTRA SEAT) Carrier shall permit a passenger to carry a musical instrument that is too large to meet the requirements of section in the aircraft cabin (as hand luggage) without charging the passenger a fee in addition to the cost of an additional ticket if (a) the instrument is contained in a case or covered so as to avoid injury to other passengers; (b) the weight of the instrument, including the case or covering, does not exceed 165 pounds or the applicable weight restrictions for the aircraft; (c) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the FAA (safety belt or other tie down having enough strength to eliminate the possibility of shifting, train of agents, location does not obscure any passenger's view of auxiliary/security signs) ; (d) neither the instrument nor the case contains any object not otherwise permitted to be carried in an aircraft cabin. Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, (as hand luggage) Carrier may request the payment of a second fare where such musical instruments are carried as hand luggage on a second seat. Where a second seat is purchased an air (*) carrier should make reasonable efforts to seat the passenger and the musical instrument concerned together. MAIN CONDITION: If the M.I. is too large to be a hand luggage >> EXTRA SEAT COSTS: ADDITIONAL SEAT ADDITIONAL FARE (SHALL) CONDITIONS: (a) Case or cover requirement (b) weight restriction (c) same requirements as for normal large carry-on luggages (belt, cabin location, trained agents) (d) security rules ADDITIONAL SEAT ADDITIONAL FARE (MAY) (*) Seat next to the passenger 22

23 (3) Transporting Large Instruments as Checked Baggage (HOLD BAGGAGE) Carrier shall transport as baggage a musical instrument that is the property of a passenger traveling in air transportation that may not be carried in the aircraft cabin If: (a) the sum of the length, width, and height measured in inches of the outside linear dimensions of the instrument (including the case) does not exceed 150 inches or the applicable size restrictions for the aircraft; (b) the weight of the instrument does not exceed 165 pounds or the applicable weight restrictions for the aircraft; and (c) the instrument can be stowed in accordance with the requirements for carriage of carry-on baggage or cargo established by the FAA. (same treatment as normal checked luggage) Musical instruments shall be carried in a (*)heated part of an aircraft cargo hold (**) if requested (by the passenger) being subject to: (a) applicable safety rules (b) space constraints and availability (c) technical specifications of the aircraft concerned. OBLIGATION for CARRIER Air Carrier SHALL provide the service of carrying large M.I. in the cargo hold compartment MANDATORY CONDITIONS: (a) dimensions (b) weight (c) carry-on baggage requirements (same treatment as normal checked luggage) (a) safety rules (b) aircraft cargo space constraints and availability (dimensions) (c) aircraft cargo technical specifications (*) heated part (**) to be requested by the passenger (4) INFORMATION DUTY In addition, carriers should adequately inform passengers and the public about the limitations and restrictions imposed by these programs. An air carrier shall clearly indicate in its terms and conditions the basis on upon which musical instruments will be transported and the applicable charges. OBLIGATION for CARRIER (SHALL) TO GIVE CLEAR AND ADEQUATE INFORMATION 23

24 FINDINGS The comparison between the US FAA Modernisation and Reform Act of 2012 and its implementing Final Rule, adopted last December 2014, and the EC Proposal (2013/0072), underlines some differences and several points in common. 1) SMALL MUSICAL INSTRUMENTS Both provisions OBLIGE air carriers to allow passenger to transport AS HAND LUGGAGE a small musical instrument whose dimensions allow them to be stowed safely in a suitable baggage compartment in the aircraft cabin or under a passenger seat. However, both of them require one further condition: EC Proposal makes it depend on the technical specifications and constraints of the aircraft concerned. On the other side, US Final Rule condition this carriage to the aircraft space availability. By space constraints is meant the maximum capacity of the aircraft hold, where space availability intends the space left in the hold, thus depending on the number of baggages already stored The latter option therefore encourages passengers travelling with musical instruments to board as much as possible before the other passengers, as their instruments will be accepted on the cabin on a first come, first served basis. This include fostering the utilisation of pre-boarding opportunities, that some carriers offer (usually for a fee). COSTS: In both cases it is suggested to consider small musical instrument as part of the passenger allowance, without charging any additional cost for his transport. But in the US rule this provision is mandatory ( SHALL ). In the EC proposal it is only a possibility left to airlines discretion ( MAY ). The US final rule specifies also that in the case in which this allowance is exceeded (i.e. 2 hand luggage), the musical instrument shall be charged of a standard additional fee. (2) LARGE(R) MUSICAL INSTRUMENTS According to both regulations, those instruments which are TOO LARGE to be considered and transported as (small) hand luggage can still be carried in the cabin by purchasing an EXTRA SEAT. 24

25 US Final Rule oblige ( SHALL ) air carriers to allow passengers reservation of the additional seat through the payment of a second fare. It also specifies that no futher additional fee can be charged as supplement of the extra fare. Futhermore, the US decision-maker conditions this carrying possibility to specific dimension and weight limitations, as well as to safety and security requirements. On the other hand, EC Proposal s article 6e leave the discretion ( MAY ) to air carriers whether to provide this carrying possibility. If so, air carriers can request the payment of a second fare and should make reasonable efforts to seat the passenger and the musical instrument concerned together. (3) LARGE MUSICAL INSTRUMENTS According to both EC proposal and US rules, a musical instrument, which is not to be carried within the cabin, shall be transported as a CHECKED BAGGAGE in the AIRCRAFT CARGO HOLD. However, this carrying option is contingent on some CONDITIONS, which formally (but not substantially) diverge between the two regulations. The US Final Rule permit it if those instruments comply with size and weight limitation provided or with applicable size and weight restrictions for the aircraft. It also applies the same requirements established by the FAA for carriage of normal carryon baggages. The EC Proposal for Regulation limits this transport to the space constraints, safety rules and technical specification of the aircraft, and makes it subject to the space availability and the request of the passenger travelling with a musical instruments. The airline company is also asked to carry the musical instrument in a heated part of the cargo hold. COSTS related to this carrying option are not mentioned in both regulations. For this reason, it can be concluded that carriers may impose the same conditions apply as to other checked baggage of that size and weight. If this would be the case, the carrier may assess the same over-size and over-weight charges that are applicable to other normal checked baggage that is over-size or over-weight. 25

26 (4) INFORMATION DUTY Last but not the least, both the EC art.6e and the US FAA and Final rule foresee an obligation for any air carrier concerned to clearly and adequately inform passengers and the public about terms and conditions on the basis upon which musical instrument will be transported. The common approach of the legislator is to guarantee more legal certainty and to provide a level playing field through easier travelling conditions and transparency for passengers carrying musical instruments. TO CONCLUDE: Based upon this analysis, we notice that both legal texts share the same principles but still apply them at barely different conditions. The US FAA and its implementating Final rule confirm the main principles stated by the EC Proposal. We can therefore resume them as follow: 1) Musical Instruments SHALL be carried as HAND LUGGAGE and possibly FREE of CHARGE (where possible > FIRST OPTION); 2) Larger Musical Instruments can be carried in the cabin by PURCHASING an EXTRA SEAT; 3) Large Musical instrument can be transported as a CHECKED BAGGAGE, with the same cost as a common luggage; 4) Air carrier are obliged to CLEARLY and ADEQUATELY INFORM about their terms and conditions for the transport of this special luggage. These four policy milestones of air travelling with a musical instrument appear to correspond with the needs and demands raised by the music sector, as revealed Pearle* and FIM survey of (see annex 1) Furthermore, the music sector in the United States has raised the same concerns before the US legislator, who consequently ruled in a similar way as the European Commission proposed to do. The result to be retrieved is that not only the issues and needs of musicians travelling with their musical instrument are shared world-wide. But also that the regulatory approach to solve those problems undertaken by both legislators are evidence-based and in way of principles correct. Common rules at European level on the carrying of musical instruments would follow the international developments. 26

27 5) GENERAL CONCLUSION Why is a EU-wide policy needed? The comparison between the policies of European airline companies looked at in 2012 and 2014 as well as the objective analysis of their capacity to fulfill the needs of travellers with musical instruments, demonstrate a lack of harmonised rules, leaving the traveller to legal uncertainty. Nevertheless, a tendency of improving travelling conditions can be ascertained. In particular regarding the transport of small instrument in the cabin, which in most of the cases are put at the same level as the others hand luggage. Through a legislative initiative a harmonised approach across Europe can be endorsed and result in a win-win situation for all, by creating a level playing field for all airline companies and by providing transparent and clear rules for the passengers. Laying down EU-wide common rules would be the best way to solve the acknowledged problems which have been raised and will continue to be raised by orchestras, music ensembles and musicians. By taking a basis of good elements and good practices already existing with some of the airline companies on the criteria described above, it would not be too much demanding for airlines companies to comply with general rules to accommodate passengers travelling with musical instruments. As the US - EU comparison demonstrates, needs and concerns raised by the music sector are the same world-wide. Therefore the approach to solve the latter should also be similar. Indeed, the two legal texts analysed in chapter 4 tackle the same issues. Despite regulating the conditions of acceptance in a slightly different way, the principles stated by the two pieces of legislation are consistent. Economic impact: Small effort for a big gain Every day, musicians are confronted with inconsistent, often discretionary airline policies, which render their travelling unpredictable and sometimes even resulted in last-minute cancelations of concerts, which consequently caused huge economic losses. Hindering their ability to travel means a direct loss of jobs and income for musicians, music groups, bands and orchestras, with an additional impact on the local economy generated by concerts and festivals, often attended by thousands of people, who bought themselves sometimes airline tickets to see their favorite musicians playing. 27

28 Furthermore, improved predictability can only lead to an increase of air travel by professional musicians, without any loss of income for the air carriers. Musicians would also feel more at ease to choose air transport to travel with their instruments, promoting this mode of transport to fellow musicians and their audiences. In addition, looking at the air transport market in and out the United States, the competitiveness of European Airlines would be also hindered by the lack of consistency of their policies regarding the transport of musical instruments. After the adoption of the US Final Rule, many european orchestras, music group and ensemble or just amateur musicians would logically choose american airlines companies to travel to or from the US with their instruments. For these reasons, an EU-wide regulation harmonising the transport of musical instruments would create a level playing field for all airline companies and musicians. As far as the common rules to be adopted do not impose an excessive burden on stakeholders, a small effort for harmonised rules encouraging airline companies to operate under comparable conditions for passengers travelling with musical instruments would be in line with Europe's intention to draft smart regulation, providing both a support to sustain jobs whilst generating economic growth for the airline companies concerned and the music sector. 28

29 Annex I CARRYING OF MUSICAL INSTRUMENTS ON PLANES Identification of problems in relation to air travel based on feedback from members of Pearle* and FIM collected in 2012 The issues identified below illustrate the hindrances and obstacles experienced by musicians (individually or in groups) travelling in the European Union. Problems and complaints originate from the fact that policies of airlines operating in Europe are not harmonised, resulting in differences among conditions of carrying musical instruments on board or as luggage. The hindrances and obstacles experienced relate to two main categories of complaints, pricing and handling, which are described and illustrated below. 1. Pricing 1.1. the charges for instruments, such as: weight of the instrument case: some airline companies charge high costs for overweight and refuse to spread the extra weight over the members of the group which would allow to remain under the maximum weight allowed per person Example: a music ensemble travelling with 15 musicians was not allowed for the cello overweight to be spread over the musicians travelling with light hand luggage material of the instrument case: some airlines charge extra for an instrument case which is in aluminum material, instead of cases covered with fabric Example: Easyjet personnel at the check-in requested the musician to buy an extra seat because the instrument case was in aluminum, whereas there was no problem for the colleague travelling with the instrument case covered with fabric extra seat: - some airlines charge double the price of the passenger ticket for the instrument on the seat Example: Alitalia charges double or even more or sometimes the price of a business class ticket - some airlines refuse to sell two extra seats per passenger, when the musician is travelling with two instruments Example: Vueiling, Iberia refused a musician to have two extra seats for his two instruments (a lute and a guitar) - some airlines practice prohibitive prices when selling a ticket to the musician for extra seats Example: Lufthansa recently modified its tariffs raising prices regarding extra seats booking. - Some musicians experience inconsistency in airlines policies Example: a musician, who bought an extra seat for a cello, was told that the cello could only be strapped into a bulkhead seat. Since none of the passengers sitting in bulkhead seats were willing to switch, the cello had to be gate checked. 29

30 taxes : since instruments are baggage, when an extra seat is to be bought directly with an airline company, taxes are charged on the purchase of the ticket, whereas when passing through an agent it is reported that no taxes are charged on the extra seat 1.2. the booking mode online : some airlines have no solution to the booking of an extra seat for instruments Example: an airline company did not know what to do with Mr Cello agent: some airlines (KLM / AirFrance) request a specific demand for an extra seat when buying the ticket Example: one has to go twice to an agency of AirFrance to obtain the ticket for the extra seat, one time to make the request and the second time to get the ticket for the extra seat overbooking: musicians having bought an extra seat for an instrument, were confronted with the fact that airlines sold the seat to other passengers Example: it happened to musicians travelling with AirFrance and Scandinavian Airlines that the seat for their instrument was taken by a passenger, leaving no space to take the instrument in cabin 2. Handling 2.1. the available space in the aircraft type of the aircraft: sometimes instruments with which it was possible to take the instrument in cabin for departure, were refused for the flight back. Example: a cello could be taken on an extra seat in cabin, but was refused for the flight back. As the cello was transported in the normal instrument case and not in a flight case, which did not make it possible to leave the instrument in the hold, it was necessary to take another flight. in the overhead locker: some airlines will require for some instruments which fit into the overhead lockers to book an extra seat Example 1: this has happened to musicians travelling with viola or bass clarinet Example 2 : this is the case when travelling with Ryanair. This has also happened when travelling with Lufthansa on smaller aircrafts extra seats : some airlines request to book three seats for a cello Example: Alitalia requested a musician to buy three seats to put down the cello, saying that the cello was too high to put straight 30

31 2.2. the handling of instruments as baggage (cargo) refused instruments: double bass or timpani in flight cases are sometimes refused when travelling with small aircrafts such as on domestic flights Example: this is sometimes an unpleasant surprise when travelling with Lufthansa large instruments : musicians need to be guaranteed that the instruments will be transported under the best conditions, this means for instance that it should be avoided to leave the instruments in the cold area of the hold, as this causes damages of the wood time-consuming check-in : when travelling with large instruments (and heavier than 30kg) that need to be transported in flight cases, depending on the airport of departure, often one needs to deliver the instruments a day before departure. The same problems occur upon the arrival as cargo is delivered at different times than the passengers luggage, which requires the person concerned to pick up the instrument hours later. long procedures: for travelling with large instruments musicians experience slow administrative handling, resulting in time-consuming exchanges with airline personnel, to ensure a safe and quality-controlled transport of the music instruments concerned 2.3. the check-in as extra hand luggage: a recurrent complaint is that instruments are accepted as only one piece of hand luggage. The instrument cases do not allow for the storage of other items, compared to the type of trolleys which allow other passengers to carry personal belongings. In particular low-cost airlines are very difficult on this matter. Example: Ryanair, Wizzair, Easyjet refuse even to accept a small ladies handbag, requiring them to check it in as other luggage. misinformation of airline personnel on their own airline procedures: it regularly happens that musicians can check in without significant problems from one airport, but upon their return experience difficulties. Example: departure from Brussels airport with IBERIA to Spain no problem to take the instrument as carry-on luggage, but difficulties are experienced with the airline personnel upon return with IBERIA from Spain. 31

32 Annex II a) EC PROPOSAL for REGULATION on AIR PASSENGER RIGHTS TRAVELLING with MUSICAL INSTRUMENTS LEGAL ELEMENTS Ensure better enforcement of passenger rights with regard to mishandled baggage RECITAL (29) LEGAL TEXT 32

33 b) EP position and amendments 33

34 Annex III US FINAL RULE on CARRIAGE OF MUSICAL INSTRUMENTS implementing section 403 of the FAA Modernization and Reform Act of December 2014 PART 251 CARRIAGE OF MUSICAL INSTRUMENTS Sections: Definitions Applicability Small Musical Instruments as Carry-on Baggage Large Musical Instruments as Carry-on Baggage Large Musical Instruments as Checked Baggage Authority: 49 U.S.C Definitions Certificated air carrier means a U.S. carrier holding a certificate issued under 49 U.S.C to conduct passenger service or holding an exemption to conduct passenger operations under 49 U.S.C Commuter air carrier means a U.S. carrier that has been found fit under 49 U.S.C and is authorized to carry passengers on at least five round trips per week on at least one route between two or more points according to a published flight schedule using small aircraft as defined in 14 CFR FAA means the Federal Aviation Administration, an operating administration of the Department of Transportation. Covered carrier means a certificated carrier, a commuter carrier, an air taxi, or a U.S. indirect carrier operating to, from, or within the United States, conducting scheduled passenger service or public charter service. 34