Air passengers rights are already covered by EU Regulation 261/2004, requiring airlines to pay minimum levels of compensation for denied boarding and cancelled flights. A recent European Court of Justice decision determined that a flight was cancelled after a delay of only three hours. This is now the subject of an Application for Judicial Review by British Airways and Tui. 261/2004 was also the Regulation responsible for airline responsibility for the costs of stranded passengers during the volcanic ash episode.

The EU has now announced similar rules for delays and cancellations for sea travel coming into force within two years. The proposed regulations include new rights for passengers for a refund or re-routing if a journey is cancelled or delayed by more than 90 minutes, free meals and accommodation of up to three nights, capped at 80 Euros a night, for travellers stranded by a cancellation or delay, compensation of between 25% and 50% of the ticket price if a journey is delayed or cancelled, and free assistance for people who are disabled.

Similar rules are on their way for rail travel.