European Union-based travel management companies and other intermediaries
could be forced to refund their own fees as well as the original ticket cost when
journeys they book on behalf of customers are cancelled. The proposal by the European Parliament is currently being
considered in its trilogue negotiations with the European Commission and the
European Council, which represents the EU’s member states.
The Global Business Travel Association (GBTA), BT4Europe and German travel
managers’ association VDR are among corporate travel representative groups lobbying
against the Parliament’s proposal. They say it would unfairly penalise
intermediaries, who would be compelled to cover their additional costs by
raising fees.
Parliament’s proposed wording has emerged during drafting of a regulation
to strengthen enforcement of existing passenger rights legislation. These rules
include the air passenger rights regulation, often referred to as EU261, a
revision of which is also in the final stages of trilogue negotiation and could
be adopted before the end of this year.
The new enforcement regulation sets out rules for how reimbursement
should be provided for delayed or cancelled journeys. It also aims to provide
better, more consistent information on how to obtain compensation and refunds,
including a standardised form for making such claims.
“In
the European Parliament, the Transport and Tourism Committee has adopted a
position that goes further than the Commission’s [original] proposals,” said
GBTA senior vice-president for advocacy and sustainability, Delphine Millot. “Notably,
it proposes that when a service is cancelled, passengers should receive a full
refund of the ticket price including the intermediation fee charged by the
intermediary.”
The
European Council has taken a different position again from both the Commission
and Parliament. It wants intermediaries
to “transparently disclose the amount/percentage of the fee that they commit to
reimburse in case of a cancellation,” said Millot. “Intermediaries can decide
that this ‘fee reimbursable’ is zero, as long as it is disclosed at time of
booking.” GBTA is content with the Council’s stance.
VDR president
Christoph Carnier said that while the idea of receiving a TMC fee refund for a
cancelled trip is superficially attractive, “on the other hand the
agency has done the work and the cancellation is not their fault. Why should it
be for free? It would be unfair if they had to give money back. There is a risk
they would increase their fees as a result.”
GBTA agrees. “Travel intermediaries provide booking, servicing, reporting,
duty-of-care support and disruption management,” said Millot. “These services
are delivered regardless of whether the carrier later cancels a flight or train
journey.” In addition to higher intermediary fees, other potential adverse
consequences listed by Millot include intermediaries withdrawing some services,
and the introduction of “uncertainty into contract structures that rely on
clear separation between the transport service and the intermediary’s services.”
Millot added: “While we hope the Parliament will
back down, we are not sure about this. GBTA will reach out to relevant MEPs to
explain why we think this is not fair and not even in the interest of customers.”
Meanwhile, VDR is making
representations to the German government. Several member states are believed to
be undecided on intermediary fee refunds. The Danish Presidency of the EU has asked “member
states in a confidential note how far they are prepared to move towards the Parliament’s
position on this,” said Amaury Libbrecht, EU affairs director for EU Travel
Tech, an advocacy group whose members include American Express Global Business
Travel and the three major global distribution systems.
Denmark hopes to
finalise the enforcement regulation alongside EU261 before its presidency ends
on 31 December, but the differing positions within the trilogue make meeting this
deadline less likely.
Other EU legislation
that could affect business travel
Numerous other EU laws of relevance to travel managers
are in the process of being finalised, drafted or reviewed.
Trilogue negotiations over the revision of EU261 are proving contentious. The European Council wants to extend the existing three-hour
starting point for delay compensation to four hours for short-haul flights and nine
hours for long-haul. Parliament wants to scrap this extension and mandate a
free cabin bag in the price of an air ticket. Airlines have condemned
Parliament’s proposal.
The passenger rights enforcement regulation is part of
a Passenger Rights Package that includes two other elements also in
trilogue negotiations. One is a revision of the Package Travel Directive,
which protects customers who buy combined travel arrangements. Obligations
placed on travel organisers within scope of the directive include compulsory purchase
of insolvency protection to refund customers if they go bust.
The directive is principally aimed at organisers of package
holidays and other consumer travel. The current version keeps out of scope
business travel booked through general contracted agreements between
intermediaries and their corporate clients. The European Commission considered abandoning
this exemption, but now a proposed European Parliament amendment goes the other
way by taking all business travel out of scope, including business trips booked
ad hoc.
It is not clear whether Parliament’s proposal, which
VDR said would help small TMCs, will be adopted, but GBTA and EU Travel Tech
are confident that at least business travel will not end up back in scope in
the final text. However, given how trilogue horse-trading can throw up
surprises, “I am always worried until it is signed,” said VDR’s Carnier.
The final part of the Passenger Rights Package is the multimodal
passenger rights regulation, ensuring consistency across a journey that,
for example, includes both air and rail elements. Rights include clear,
accessible information, assistance and support in the event of delays, and
compensation for the entire trip in the event of disruption.
At the GBTA Europe/VDR conference in Hamburg earlier
this month, Commission head of unit for mobility and transport Moumen Hamdouch announced
that the Commission will publish three related draft regulations in the first
half of 2026. The Revision of Rail Passenger Rights Regulation enshrines
passenger rights for multi-leg rail journeys involving more than one operator
when booked in a single transaction. Passengers will be carried on onward
journeys even if they miss their original ticketed connection.
The long-planned Multimodal Digital Mobility
Services Regulation will oblige train operators to open their booking systems
to competitors. And the Single Digital Booking and Ticketing Regulation aims to ensure European citizens can buy a ticket for their entire trip on one
platform and have passenger rights across the entire trip.
Away from transport issues, A1 forms continue
to be a bureaucratic nightmare. Introduced in 2010, cross-border workers are
required to carry an A1 to provide proof of payment of social security in
another country. In October 2025, the Commission told BT4Europe it recognises the
“administrative burden caused by the current A1 rules” and that an exemption for short-term business
travel is “under discussion”.
However, achieving such an exemption is far from
guaranteed. “We have won the battle but we haven’t won the war,” said BT4Europe chair
Patrick Diemer. “The European Parliament and European Council need to vote in
favour. We have heard a rumour that some countries are not convinced.” A
business travel compliance specialist also confirmed to BTN Europe that several
member states are resistant to any social security concessions and on the
contrary are beefing up enforcement, with added paperwork checks.
Acknowledging the difficulties, Carnier said: “The
trouble is that this is not an isolated topic. Business travel is just a tiny
piece within the bigger problem of cross-border social security regulation.
They don’t realise the administrative burden it is causing.” VDR continues to
lobby Berlin on the matter.
One business travel-friendly reform in the bag is last month’s green
light for CountEmissions EU, a common, albeit voluntary, framework for
quantifying the greenhouse gas emissions of transport services across different
modes. Diemer said BT4Europe will now campaign for the EU to produce an equivalent
standard for reporting emissions by the hospitality sector.