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Air Passengers Rights and Protections
Air Passengers Rights and Protections
Every year, millions of people fly, but many don’t know their rights as passengers. At AioFlight, we aim to help you understand those rights and make sure you get the compensation you deserve.
Regulations and Air Passenger Protection Laws across the world
Europe EC 261/2004 Regulation
Regulation EC 261/2004 is a key piece of EU legislation designed to protect air passengers. This regulation holds airlines financially responsible when air travel encounters disruptions, provided these issues are not due to extraordinary circumstances beyond the airline’s control.
EC 261/2004 is one of the most comprehensive frameworks for passenger rights, outlining the care passengers can expect and specifying the compensation amounts airlines must pay. Compensation can range from €250 to €600, depending on the situation. Passengers are entitled to compensation in cases of flight delays exceeding three hours, flight cancellations occurring less than 14 days before departure, and instances of denied boarding.
This regulation applies to all passengers departing from an EU airport. Additionally, under certain conditions, passengers flying into Europe from other international locations may also be eligible for compensation.
Learn more about EC 261/2004 or find out if you qualify for compensation, don’t hesitate to explore your rights further.
Essential Information on EU Air Passenger Rights Regulation
Passenger Rights for Flight Disruptions: Passengers are entitled to compensation for flight cancellations, flight delays of more than three hours, and situations involving overbooking.
Compensation Amounts: Compensation is determined by flight distance: €250 (approximately $275) for flights under 1,500 km (932 miles), €400 for distances between 1,500 and 3,500 km, and €600 (around $660) for flights over 3,500 km (2,175 miles).
Assistance Provided by Airlines: In cases of prolonged delays, airlines must offer food and accommodations: snacks and drinks after two hours, meals after three hours, and overnight lodging after five hours.
Rebooking and Refund Rights: For cancellations or significant delays, passengers have the right to either a free rebooking or a full refund of their ticket.
Claim Submission Deadline: Passengers can submit claims for compensation up to three years following the incident.
Applicability of the Regulation: This regulation covers all flights departing from EU airports or arriving in the EU, as long as the airline is based in the EU.
Extraordinary Circumstances: Airlines are exempt from providing compensation if delays or cancellations result from extraordinary circumstances, such as severe weather or political unrest.
Seeking Legal Help: It’s advisable to obtain legal assistance if you encounter challenges in pursuing your claims.
| Flight Delay on Arrival | Distance | Compensation |
|---|---|---|
| Up to 2 hours and 59 minutes | Any distance | 0 |
| > 3 hours | At least or equal to 1500 km | €250 per passenger |
| > 3 hours | 1,500 – 3,500 km | €400 per passenger |
| Between 3 and 4 hours | Over 3500 km | €300 per passenger |
| > 4 hours | Over 3500 km | €600 per passenger |
Was your flight delayed or cancelled?
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International: The Montreal Convention
The Montreal Convention (also known as MC99) is an international treaty recognized by over 140 countries worldwide. Its primary goal is to establish airline liability concerning flight delays and issues with baggage.
Although it may not cover every scenario, the widespread adoption of this regulation ensures that millions of air passengers enjoy essential rights on international flights.
Under MC99, passengers are protected from unexpected expenses related to delays, cancellations, or denied boarding. For instance, if you miss a prepaid reservation or incur additional costs for an extra night at a hotel, you may be eligible for reimbursement of up to approximately €6,000.
Additionally, the Montreal Convention provides support for passengers facing issues with checked luggage. If your baggage is damaged, lost, or delayed, you can claim compensation of up to €1,400.
AioFlight is here to help you navigate your rights under the Montreal Convention and ensure you receive the compensation you deserve.
UK 261 Passenger Rights
Before the UK exited the EU at the end of 2020, it incorporated many EU passenger rights into its own legislation. As a result, passengers flying from the UK or traveling with UK airlines continue to benefit from robust passenger protections.
Passengers are still entitled to compensation for flight delays exceeding three hours, cancellations, or overbookings, provided the airline is at fault for the disruption.
One significant change is that compensation amounts under UK law are now specified in British pounds, ranging from £220 to £600. Over time, these laws may diverge further, as the UK is not obligated to adopt future changes to EU regulations.
UK 261 compensation amounts
| £220 | £350 | €600 |
|---|---|---|
| Flights under 1,500km | Flights between 1,500km – 3,500km | Flights over 3,500km |
Did you have a delayed or cancelled flight?
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Turkish Air Passenger Rights Regulation
Turkish air passenger rights regulation provides essential protections for passengers facing denied boarding, delays, and cancellations. This regulation applies to flights operated by Turkish airlines as well as foreign carriers departing from or arriving at Turkish airports. While it shares similarities with the European EC 261 regulation, there are key differences, particularly regarding flight delays.
| Route \ Airline | The airline is from Turkey | The airline is not from Turkey |
| From outside Turkey to outside Turkey | No | No |
| From outside Turkey to Turkey | Yes | No |
| From Turkey to outside Turkey | Yes | Yes |
| From Turkey to Turkey | Yes | Yes |
Key Provisions
Denied Boarding: In cases of overbooking, passengers who are involuntarily denied boarding are entitled to compensation, ticket reimbursement, or an alternative route.
Cancellation: Passengers can opt for reimbursement or a change of route in the event of non-force majeure cancellations. Compensation is available if passengers are not informed within the specified timeframes.
Delay: Assistance must be provided for delays based on flight distance:
- Short international/domestic flights: Delays of 2+ hours
- International flights (1,500 to 3,500 km): Delays of 3+ hours
- Long-haul international flights: Delays of 4+ hours
Compensation Under Turkish Law
- Domestic flights: €100
- International flights up to 1,500 km: €250
- International flights (1,500 to 3,500 km): €400
- International flights over 3,500 km: €600
Assistance Provided
- Communication: Passengers can access calls, messages, and emails.
- Meals:
- Beverages for delays of 2-3 hours
- Beverages plus meals for delays of 3-5 hours
- Beverages and snacks for delays of 5+ hours
- Accommodation: Hotel stays and airport transportation are provided in cases of overnight delays.
At AioFlight, we are dedicated to helping you understand your rights under Turkish air passenger regulations and ensuring you receive the compensation you deserve.
Air Passenger Rights in Brazil ANAC 400
In Brazil, travelers are safeguarded by legislation established by the National Civil Aviation Agency (ANAC) under ANAC Resolution Nº 400.
This regulation clearly outlines the responsibilities of airlines towards their passengers in the event of flight issues such as delays, cancellations, or schedule changes. It provides air passengers with significant protections, detailing the level of care airlines must offer and the timing of such assistance.
If an airline fails to meet its obligations to passengers, Brazil’s Consumer Code allows travelers to seek compensation for their inconvenience, which can be as much as R$10,000.
Read more about Brazil’s passenger rights or check for compensation.
Brazil compensation amount
| Delay (over 4 hours) | Cancellation (less than 72 hours notice) | Overbooking |
|---|---|---|
| Up to R$10,000 | Up to R$10,000 | R$3,000 |
| Up to R$10,000 in some circumstances |
Was your flight delayed for over 2 hours or canceled? Discover if AioFlight can help you!
Air Passenger Rights in Canada
Eligibility and Coverage
These regulations apply to all flights that involve Canada, including any connecting flights. Airlines are classified as either large (serving over 2 million passengers in the last two years) or small.
Compensation Amounts
For Delays or Cancellations:
Large Airlines:
- $400 for delays of 3 hours or more
- $700 for delays of 6 hours or more
- $1,000 for delays of 9 hours or more
Small Airlines:
- $125 for delays of 3 hours or more
- $250 for delays of 6 hours or more
- $500 for delays of 9 hours or more
For Denied Boarding:
- $900 for delays of less than 6 hours
- $1,800 for delays between 6 and 9 hours
- $2,400 for delays exceeding 9 hours
Additional Services
Airlines are required to offer passengers important information, alternative travel options, refunds, and compensation for any inconvenience experienced.
Standard of Treatment
After a waiting period of 2 hours, airlines must provide the following complimentary services:
- Reasonable food and beverages
- Access to communication facilities
For overnight delays, airlines are obligated to provide:
- Hotel accommodations
- Transportation to and from the airport
At AioFlight, we are dedicated to helping you understand your rights and navigate the compensation process for any flight disruptions you may experience.
Passenger Rights in the US
While US laws regarding passenger rights in cases of flight delays or cancellations are not as comprehensive as those in Europe or other international jurisdictions, they still offer important protections.
One significant area of benefit is for individuals who are denied boarding. US airlines tend to overbook flights more frequently than their European counterparts, leading to robust regulations that ensure you are compensated in such situations. If you are denied boarding due to overbooking, you may be entitled to compensation of up to $1,350. For more details, check out our guidance on handling overbooked flights.
Additionally, US regulations provide assistance for passengers facing tarmac delays and those dealing with luggage issues. At AioFlight, we are here to help you navigate these rights and ensure you receive the support you need.
How AioFlight can help
We fights for passengers’ rights
At AioFlight, we are dedicated to protecting your rights as an air passenger. We can help you understand what you are entitled to and ensure you receive fair compensation for common flight disruptions, including delays, cancellations, overbooking, and missed connections.
In addition, we provide valuable information and guidance on various issues, such as luggage compensation and challenges travelers may face, including airline strikes, bankruptcies, and more. Let us support you in navigating these situations and securing the compensation you deserve.
Was your flight delayed or cancelled? We could help you claim up to €600 compensation.
Frequently Asked Questions
If the airline you traveled with has ceased operations, unfortunately, your chances of receiving compensation are quite slim. Passengers typically fall at the end of the line when it comes to creditors that the airline must settle with after bankruptcy. However, if your flight was operated by a different airline, you may still have the option to file a claim with that carrier instead.
If your flight is delayed or canceled, the airline may reschedule it for a different time or date than what you originally booked. As a passenger, you have the right to either accept the new schedule or request a refund.
If you were notified of the schedule change at the last minute—such as less than 14 days before your departure (in the EU)—you might also be eligible for additional compensation, depending on specific circumstances. At AioFlight, we’re here to help you understand your options and ensure you receive any compensation you’re entitled to.
Most laws specify that your right to claim flight compensation has an expiration date, making it crucial to be aware of the applicable Statute of Limitations for your situation. The exact time limits can vary based on several factors, including your departure location and the airline’s headquarters. It’s essential to understand that multiple time limits may apply to your claim. At AioFlight, we can help you navigate these regulations and ensure you make your claim within the appropriate timeframe.
If your flight qualifies for compensation under EC 261, you may receive up to €600. If you had to book a hotel due to the disruption, you can also claim those expenses from the airline, so be sure to keep your receipts.
We’re here to help you navigate the claims process and ensure you get the support you need.
To determine the compensation you may be entitled to, it’s essential to consider several factors. This includes not only the distance between the two airports but also the length of your delay, whether the airline is at fault for the disruption, and your departure location, among other elements.
Given the complexity of these factors, the simplest way to find out how much compensation you might receive is to use our user-friendly Compensation Check. This tool streamlines the process and provides you with a clear understanding of your entitlements.
If your flight is delayed or canceled and the airline offers you a replacement flight that departs during high season, you should not incur any additional costs. Additionally, you may be eligible for compensation, provided the airline meets the required conditions. Always check your rights to ensure you receive the support you deserve.
If you’re facing a dispute with your airline, you have several options to address the issue. For compensation disputes, you can either file a claim directly with the airline or initiate a claim with AioFlight. If your claim is wrongly denied, our independent data systems can help determine your eligibility. In more complex cases, we may refer the matter to our legal experts.
For refund disputes, we recommend contacting the European Consumer Centre (ECC Net) in your country. If you’re an AioFlight Pro member, we can also assist you with refund claims. Let us help you find the best path forward.
If your airline refuses to provide compensation despite your eligibility, you may need to pursue legal action. Fortunately, when you initiate a claim with AioFlight, we manage all the legal procedures on your behalf. We operate on a no win, no fee basis, meaning you only pay if we successfully secure compensation for you. Let us help you navigate the process with confidence.