Here’s the table (and it’s not rosy): you had the great idea of taking a flight. And you did well! The problem? There was a major setback. Your flight was cancelled, delayed, or even overbooked. The kind of frustrating setback that disrupts (literally) your entire trip. As a result, you’ve lost time and money. But wait, all is not lost! Because as an air passenger, you have rights. Yes, air passenger rights are there to protect travelers in your situation. If you know them, you can get justice and be compensated, regardless of your place of residence or the airline that took you on your journey.
Well, we have to confess that there is (another) hitch: navigating the maze of aviation law is quite complex. Especially when it comes to understanding precisely what your rights are as an air passenger. For example, most travelers have no idea what the Regulation (EC) No. 261/2004 is. Is that also your case? Read on (unless you’re an aviation legal professional: in that case, good for you!).
This article takes the form of a step-by-step action plan to guide you in understanding your air passenger rights following a disrupted flight. And most importantly: to help you obtain the compensation you are entitled to. You will see that there are solutions and remedies to assist you in enforcing these rights (even in case of airline refusal). Let’s get started!
Table of contents
Air passenger rights vary greatly depending on the type of problem you encountered. So before diving into each situation, let’s clarify together the nature of the disruption you experienced on your flight. This way, you can go directly to the section of our guide that interests you.
When it comes to disrupted flights, you may be faced with:
You have identified the type of disruption you have experienced? That’s a good start. You will better understand your rights and the steps to take to obtain compensation. Go to the corresponding section! :-)
Are you wondering what are your rights in case of flight delay? The answer depends on where you have traveled! Whether you are in Europe, in the United States, or elsewhere in the world, your rights as an air passenger are not the same. Don’t worry: we will guide you to discover the specifics of your rights according to your destination.
Great news for European travelers: since 2004, if you depart from an airport in the European Union, you are protected under Regulation (EC) No 261/2004 of the European Parliament and of the Council (EC 261).
What does European law say according to this famous regulation? Well, it guarantees you assistance and compensation in case of particularly long delay, denied boarding, or flight cancellation.
And that’s not all! If you arrive in Europe from other parts of the world, this regulation can also protect you (under certain conditions).
In concrete terms, when do EU rules on passenger rights come into play? Here are the cases where the regulation applies to you:
If you fly within the EU (regardless of whether the airline is based in the EU or elsewhere in the world], you are covered.
If you land in the EU from a non-EU country on a flight operated by an EU airline, bingo, you are also protected.
If you depart from an EU airport to a non-EU country (with any airline, EU or non-EU), you are still under the protection of the EU.
And last but not least, if you have not already received compensation or assistance for flight issues under the legislation of a non-EU country during your trip, EU rules can come into play.
But wait, the European airspace is larger than you think! EC 261 also covers:
Iceland, Norway, and Switzerland: these close neighbors of the EU are also under the protective wing of EC 261.
The « outermost region » : think of exotic destinations like French Guiana, Martinique, Mayotte, Guadeloupe, Reunion Island, Saint-Martin, Madeira, the Azores, and the Canary Islands. Yes, they are also part of the club!
But be careful, there are exceptions: New Caledonia, French Polynesia, Saint Barthélemy, and Saint Pierre and Miquelon, although French territories, are not covered by the EU. For CE 261, they are considered as «Third States ». A small geographical detail that is of great importance!
These rules are your golden parachute for a peaceful journey, ensuring that you have rights to assert. And when it comes to rights, compensation often comes to mind. Let’s talk about it!
And let’s talk about compensation: with EC 261, if your flight is delayed by more than 3 hours, you may be entitled to monetary compensation. The amount will depend on 2 things:
For more clarity, we summarize below the different possible cases, with the corresponding compensation amount.
Important Note: these amounts may change over time (depending on the evolution of European law on the subject ).
As soon as there is a flight delay of more than 3 hours, you are generally entitled to compensation.
We say generally, as the European Regulation does not cover possible "extraordinary circumstances" (a generic term that includes a range of unique, unforeseeable events beyond the control of the carrier).
Important precision: only the actual arrival time of the plane is taken into account in case of compensation request. In other words, it is the exact time at which the plane arrives at the boarding gate and opens the doors.
With regulation CE 261, airplane delays could (almost) have a positive aspect. Here are other advantages that European travelers can receive in case of delay:
European law requires airlines to inform their passengers of the situation (regarding delays) and their rights. Each carrier must therefore share this information at their check-in counters (at each airport from which they operate).
Imagine a super-protector who watches over your rights as an international airline passenger. That’s kind of the role of the Montreal Convention , an agreement signed by more than 120 countries (including aviation stars such as Europe and the USA). Since 2003, this convention gives you wings, even in case of flight delay!
If your international flight is playing the latecomer, you are not without recourse. You can claim compensation for the inconvenience suffered (such as the cost of a non-refundable hotel reservation that you had to pay in advance).
But be careful: just like with European rules, the Montreal Convention has its limitations and does not cover any "extraordinary circumstances".
And if you are a latecomer at heart (just like your flight!), be aware that there is a time limit to take action. Indeed, to assert your rights, you have up to 2 years from:
So, keep an eye on the calendar and don’t forget to claim what’s due to you! ;-)
Attention, change of course since January 1st, 2021! If your flight from the UK to the EU is operated by a British or non-EU airline, European rules on air passenger rights no longer apply.
But, good news, if your flight from the UK to the EU is operated by an EU airline, EU rules still apply. Yes, even after January 1st, 2021! Unless, of course, you have already received compensation or benefited from services under British legislation.
In the United States, passenger rights in the event of flight delays are more restricted. There, it is up to each airline to decide whether to offer compensation. But there is an exception worth noting: if your flight is delayed on the runway, whether for takeoff or landing, things change. If your plane remains on the ground with all its passengers on board after a 2-hour wait, get ready to be "pampered": meals, drinks, access to toilets, and even medical assistance if necessary. That’s the minimum for being stuck on the tarmac!
Furthermore, you will be informed of the situation every 30 minutes, so you won’t be left in the dark. And if the delay reaches 3 hours (or 4 hours for international flights), the plane must return to its boarding gate. At this point, you have the right to disembark (unless air or security checks are in progress).
Here’s a golden rule for globe-trotters: if your flight is cancelled while you’re travelling throughout Europe or on international routes, you are protected by passenger air rights. It’s a bit like having insurance for your journey in the air!
But be careful, if your flight is cancelled under the starry sky of the United States, the situation changes. Passenger air rights there are somewhat... minimalistic. Moreover, some countries have their own national laws regarding passenger rights in air travel.
When your flight is cancelled during a trip within the European Union, Regulation EC 261 also comes to your rescue! It provides you with the same protection as for delayed flights (feel free to read the previous section of this article), offering you a similar right to assistance.
Focus on the situations covered by EC 261 in case of cancellation:
Cancellations announced less than 14 days before departure? EC 261 comes into play, unless the airline already offers you an alternative that meets these criteria:
Attention: "circumstances extraordinaires", "technical problems" and possible "operational circumstances" do not trigger the superpower of EC 261 if they meet the above-mentioned rerouting criteria
How much can you receive in case of flight cancellation?
The compensation ranges from €250 to €600. It is calculated based on:
And if you say "no thanks" to the replacement flight? As an air passenger, you are entitled to:
Furthermore, you can request to be placed on the first available flight to your destination or obtain a new ticket for a later date of your choice (subject to availability).
Flight departing from an airport located in the European Union, regardless of the nationality of the airline and the final destination.
Or an international flight to the European Union, Norway, Iceland, or Switzerland if the airline is European
Cancellation attributable to the airline and not to an extraordinary event
Outside the European Union, you enter an area where your air passenger rights take flight. Just like for delayed flights, if your flight is canceled, you can claim compensation for the inconvenience caused by this cancellation. It really depends on the country and the airline involved.
And beware of the famous « extraordinary circumstances » (again!). If your flight is canceled due to the unforeseen events they cover, your right to compensation could evaporate. It’s important to keep this in mind before packing your bags for international travel!
Refusal of boarding (more commonly known as the glamorous name of "overbooking" or "surbooking" for English speakers) is a thorn in the side of air travelers. Imagine: you have your ticket, but the plane is full! The reason? More tickets sold than there are seats. It’s a bit like a game of musical chairs where the music stops too early for you.
Whether you are about to board or you are kindly denied, the rules of the game change depending on your geographical location. Overbooking has its own laws and regulations, and they vary depending on where you are when you are informed that your seat has... disappeared.
Again, when we talk about refusal of boarding within the EU, it is Regulation CE 261 that is the conductor (we discussed it in more detail in the first section of this article).
Of course, it only applies to involuntary refusals. In other words, if you are denied boarding and it is not your fault, you could receive compensation (and not the other way around).
To be eligible:
How much does a refusal of boarding in the EU ’pay’?
The European rule is clear on the subject. The compensation amounts range from 250 to 600 € (these amounts may change over time):
In addition to these compensations, you also have the right to choose another flight or modify your itinerary to reach your destination.
Important information (don’t miss out!): if the airline plays the overbooking game, they must pay you the compensation directly at the airport, right after informing you that you won’t be boarding.
Other compensations in case of overbooking in the EU?
You have the same rights as in case of flight delay or cancellation: get a refund for your flight, take another flight, and benefit from assistance (sometimes with additional services, depending on the situation).
You were not late at the time of boarding
You were able to present all of your booking and identification documents
You did not represent a security or health problem
As in the cases of flight delays and cancellations, you can raise the flag of claim to be compensated for the inconveniences caused. It’s kind of a (financial) consolation prize if you are denied boarding your flight. Again, this is a case-by-case basis depending on the countries and airlines involved (the possibilities are almost endless).
However, keep in mind that "extraordinary circumstances" scenarios are still in play. They act as party spoilers and exclude any right from your side to receive compensation.
If you find yourself facing an overbooking situation and you are denied boarding, the US airline has no choice but to reach for its checkbook (you’ll see that it’s bigger than in other countries).
You are concerned if:
How much can you expect? Between $675 and $1,350, depending on:
A significant financial bonus that could well soften the bitterness of denied boarding in the USA!
Whether it is initiated by pilots, cabin crew, or airport employees, an air strike can turn your journey into a real headache. Whether in France or elsewhere, these social movements are often synonymous with flight delays or cancellations. And a huge frustration for passengers! But what about your rights in all this chaos? Well, it again depends on your geographical location.
According to the European regulation EC 261 (yes, it again!), airlines must compensate passengers for the inconveniences caused by a strike that they could not avoid. In short, if a strike within the airline disrupts your flight departing from the EU, you may be entitled to compensation (up to €600, we’ll get back to this in a moment).
In which cases can you claim strike compensation (in the EU)?
You are eligible for compensation if you are in one of these 6 situations:
In which cases are you not entitled to a strike compensation (within the EU)?
You are NOT eligible if you are in one of these 3 situations:
How much compensation can you receive in case of flight disruption due to strikes in the EU?
Here are the amounts of compensation you can claim for a disrupted flight in the EU:
The Montreal Convention comes into play when your flight involves a signatory country. If the strike is related to the airline (i.e., outside of the exceptions mentioned earlier in the section on the EU), you can then claim:
Contrary to the other described situations, baggage problems (whether lost, damaged, or delayed) are managed under a single regulatory umbrella. And this applies whether you are traveling in Europe or worldwide. Please note that there may be some exceptions (such as in the specific case of the USA, which we will detail for you).
According to the Montreal Convention (yes, it’s her again!), which governs rights in 120 countries (including the EU and the USA), baggage mishaps can lead to compensation (up to the amount of the damages incurred):
As often in the United States, the rules change a bit. For international flights departing from the USA, nothing changes, the Montreal Convention applies (as detailed just before). But for domestic flights with US airlines, it is US law that takes over.
Just like the Montreal Convention, damaged, delayed or lost baggage is under US legislation. The difference? In case of a problem, it is up to you to negotiate compensation with the airline. Without additional insurance (taken at check-in), the limit is $3,500.
Are you experiencing a canceled, delayed, or overbooked flight? Wondering how to turn these hassles into financial compensation (because apologies are not always enough)? Follow this guide to facilitate your procedures and effectively communicate with the airline responsible for your troubles.
First, make sure to collect as much information as possible about the incident that negatively affected your flight. Notify your airline as soon as possible about the situation (ideally, even before leaving the airport!)
And most importantly, keep all the following documents safe (without them, your chances of being compensated are... zero):
Important: compensation is always the responsibility of the airline. However, obtaining this compensation is often a challenging journey. Before the company decides to pay you a financial compensation, it may take a long time! A time during which you will have to communicate with the company’s staff (via emails and phone calls) and provide administrative documents (if you have kept them all).
You will also need to prove that you are in the right, which is far from obvious if you are not familiar with the matter. As this article shows, the rights of air passengers are as complex as they are opaque.
In short, as you have understood, obtaining compensation in the event of a disrupted flight is as long and tedious as it gets. That is why most travelers get discouraged and eventually give up their claim (the airlines know this very well). The most determined and lucky ones sometimes end up receiving a partial compensation (lower than what they were legally entitled to).
Fortunately, there is now another option...
And what if there was an alternative without headaches for hours? That’s where Delayed Flyer comes in to simplify your life (and help you get compensated!).
We are specialists in air passenger rights. Whether you’ve experienced a flight cancellation, delay or overbooking, a baggage problem, or even an airline strike, we handle all the administrative procedures related to your compensation claim on your behalf. And we keep you informed about your air passenger rights.
With your booking details, all you have to do is make a quick simulation on our website. Just a few clicks to find out if a financial compensation awaits you.
In both cases, you are a winner.
If the airline refuses to refund you, there are several options available to you. Mediation is often the first step, allowing for an amicable agreement to be reached between the two parties by exchanging information with the airline (with supporting evidence).
If your efforts are unsuccessful, you can take legal action. By waiting a long time and incurring expenses, you may potentially be entitled to damages in addition to compensation (only if you are successful).
To compel an airline to refund, there are several steps you can take. The first step is to submit a written complaint to the airline, clearly stating your rights under EC Regulation 261 or the Montreal Convention (as applicable). Remember to attach all necessary documents: tickets, receipts, proof of additional expenses, etc.
If the airline refuses to refund you or does not respond within a period of 2 months, you can contact the Directorate General of Civil Aviation (DGAC) or the European Consumer Centre for flights within the EU. With some patience, these organizations can help you assert your rights.
As a last resort, you can take legal action. This can be done through the small claims court for disputes under 10,000 euros. It is advisable to consult a legal advisor before pursuing this course of action.
The European Regulation 261/2004 is a regulation put in place by the European Parliament and Council to protect the rights of air passengers in case of denied boarding, cancellation or significant delay of a flight. This regulation establishes common rules regarding compensation and assistance for passengers in these situations.
This regulation applies to the following flights:
Note that this regulation may change over time. And it does not apply to flights departing from the UK to the EU operated by a British carrier or a non-EU country (starting from January 1st, 2021).
The refund of a flight ticket depends on several factors. Some common cases include the cancellation or significant delay of your flight, in which case the airline is required to provide you with a flat-rate compensation.
Specific conditions apply to obtain a refund. For example:
Conditions may vary depending on whether your flight takes place within the EU, is operated by an airline established in the EU or outside the EU, or arrives in the EU from a non-EU country. We invite you to read our detailed guide by directly consulting the situation that concerns you (above on this same page).
In the unfortunate case where the airline (responsible for the disrupted flight) has gone bankrupt, it is less likely to receive compensation. However, all hope is not lost!
Firstly, if you have booked your flight through a travel agency, they may be required to offer you a replacement flight or a refund. Secondly, some credit cards offer travel insurance that may cover such situations. Therefore, it is recommended to check the conditions of your credit card.
Finally, if the airline is still in operation (despite its declaration of bankruptcy), contact them directly for information on available options.
Round-trip flights are considered as 2 separate flights (even if they are part of the same booking). It is possible that the airline operating the flight (the actual carrier) is different from the one you purchased your ticket from. In the event of any issues, it is the airline that actually operates the flight (the actual carrier), that assumes responsibility.
In the case where an airline leases an aircraft (with its crew) to another company, it is the ’lessor’ company that takes on the main role and becomes responsible for the flight (according to EU Regulation No. 261/2004).
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European Union Regulation (EC) no. 261/2004
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