Tourism around the world has never been higher and is expected to continue to grow. With millions of people flying every day, it is critically important to put in place the rights that protect people when they travel.
Every country has its own regulations that define what rights passengers have and what obligations airlines have towards them. These rights help protect passengers when their flights are delayed or canceled, or they are denied boarding for some reason. Such barriers can cause a lot of inconvenience and the rules try to either compensate passengers for those unusual occurrences or, at the very least, reimburse them for the mishaps.
What Are the Air Passenger Rights?
As has already been described, the entitlements of airline passengers do vary from country to country, but at their crux, they are intended to protect and repay individuals caught in the middle of flight delays, cancellations, and interruptions. These entitlements also extend into the realms of lost or destroyed possessions, and instances of refusal to board, which are legitimate reasons for an individual to feel put out.
However, according to research, 85% of travelers are unaware of the privileges available to them. As a consequence, they don’t get paid out or agree to lesser remuneration than they could legitimately claim.
EU Regulation 261/2004
European regulation 261/2004 or EU261 is a legislation of the European Union that protects the rights of air passengers within the European Union and defines the obligations of airlines towards their passengers.
It holds airlines responsible for situations in which changes in an airline’s schedule or other such instances cause inconvenience to passengers. However, the key is that these changes to a flight’s schedule must not be caused by something that’s beyond the airline’s control. Inclement weather is one such example.
They also include instances of denied boarding, flight cancelations less than 14 days from the date of travel, and flights delayed over 3 hours.
EU261 is among the most comprehensive legislations on compensation and air passenger rights. It regulates the care airlines owe to their passengers, along with the specific compensation they’re entitled to in such instances.
This care can include access to food and beverages in the event of a long delay, two phone calls, emails, or faxes, and a satisfactory alternative flight.
This legislation covers all passengers departing from an airport within the jurisdiction of the EU, but in some cases also covers passengers flying to Europe from other countries.
The compensation for different instances laid down in this legislation varies from 250€ to 600€. The table below provides more details.
| 250€ | 400€ | 600€ |
| Flights under 1,500 km | Flights between 1,500-3,500 km | Flights over 3,500 km |
| All flights within the EU under 1,500 km |
UK 261 Passenger Rights
Before the United Kingdom left the EU at the end of 2020, they incorporated several of the rights laid down under EU261 into British law. This means that any passengers traveling from the UK or on a UK airline also have equally strong passenger rights when compared to the EU.
As a result, passengers flying from the UK or on UK airlines are still entitled to compensation if the flight is delayed by 3 hours, or has been canceled or overbooked.
The compensation awarded to air passengers varies from £220 to £520, the breakdown of which has been provided in the table below.
| £220 | £350 | £520 |
| Flights under 1,500 km | Flights between 1,500-3,500 km | Flights over 3,500 km |
National US Laws
When compared to the rights in the European Union, the US air passenger rights favor instances of denied boarding. This is because airlines in the US are typically more likely to overbook flights than those operating in the EU.
Added to this is the fact that the laws regulating air passenger compensation are also rather strict. As a result, if you’re denied boarding in the US due to an overbooked flight, you may be entitled to compensation of $1,350.
Brazilian Regulation ANAC 400
Just like the EU and the US, passengers flying in Brazil are protected by ANAC Resolution 400, a regulation of the Brazilian National Civil Aviation Agency (ANAC). This resolution sets down laws airlines must abide by and their obligations to their passengers in the event of a problem with a flight.
If an airline fails to meet the terms set by this resolution, the Brazilian Consumer Code allows passengers to claim compensation for the inconvenience caused, with a limit of R$10,000.
Montreal Convention
The Montreal Convention, which was established on May 28, 1999, protects passengers on international flights and defines the roles and responsibilities of airlines and passengers alike. This convention has also been ratified by 136 countries globally.
The Montreal Convention covers the following situations:
- Liability in the event of bodily injury or the death of a passenger during the flight.
- Liability in the event of damage caused to passengers’ baggage due to a delay.
- Liability for delayed, damaged, or lost baggage.
- Responsibility for the cargo being carried on board.
According to this convention, if your baggage is delayed, damaged, or doesn’t arrive at your destination, you have the right to claim up to €1,920 from the airline in question.
FAQ
Unfortunately, if the airline you flew with is bankrupt or doesn’t exist anymore, it can be next to impossible for you to claim compensation. This is primarily because passengers fall last in the line of creditors that an airline is obligated to pay in the event of bankruptcy.
However, if your flight was operated by another company, you may be able to claim compensation from them instead.
If your disrupted flight meets the criteria, you can get compensation. If you have a codeshare flight, it’s typically the operating airline at the time of the delay that’s responsible for compensating you. If your connecting flights are part of the same booking and are departing from the EU, or are EU airlines, you can claim compensation.
Yes, you can claim compensation even if you booked your flight via an online travel agent as long as you meet the criteria for it. For instance, if your flight has been delayed for 3 hours or more or is canceled less than 14 days before the scheduled date, you can claim compensation. The key is that the airline must be at fault for the disruption caused.
Airlines are required to care for you with food and accommodation during a lengthy delay and provide transport to and from the airport, along with access to communication.
If you are eligible for compensation under the regulations of the EU261, you could be entitled to compensation of up to 600€. If the delay results in you having to book a hotel, you can also claim the expenses incurred. As a result, it’s crucial that you keep your receipts safe.
If your airline downgrades you on your replacement flight after your previous one is canceled, you can be reimbursed anywhere between 30-75% of the original ticket fare. On the contrary, if you receive an upgrade, the airline cannot charge you for it.