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One of the key differences between EU and U.S. air passenger rights lies in the compensation for flight delays and cancellations. Under EU Regulation 261/2004, passengers are entitled to compensation for delays of three hours or more, unless the delay is due to extraordinary circumstances. The compensation ranges from a minimum of €250 for flights of 1,500 km or less, to a maximum of €600 for flights of more than 3,500 km outside the European region. This is markedly different from the U.S., where airlines are not legally obligated to provide compensation for flight delays.
As for flight cancellations, EU law stipulates that passengers must be either re-routed to their destination as soon as possible or refunded, in addition to potentially receiving compensation. In the U.S., on the other hand, although airlines must offer rerouting or refund options for cancelled flights, there is no legal requirement to provide additional compensation unless the cancellation was within the airline’s control and occurs within 14 days prior to departure.
Compensation Limits and Procedures
In terms of compensation limits, as previously mentioned, EU citizens can receive up to €600 in the event of significant delays or cancellations. Conversely, in the U.S., most airlines operate due to a policy for voluntary compensation, meaning the exact amount offered is at the airline’s discretion and generally provided in the form of travel vouchers or mileage points instead of cash.
In regards to procedures, claiming compensation in the EU involves filing a formal complaint with the airline first, and if unsatisfied with the response (or lack thereof), the complaint can be forwarded to a National Enforcement Body or a Dispute Resolution Body. In the U.S., passengers generally have to negotiate their compensation directly with the airline’s customer service.
What Non-EU Travelers Need to Know About EU Rights
Non-EU travellers should be aware that the benefits of EU Regulation 261/2004 also apply to them if their flight is departing from an EU airport, irrespective of airline nationality. Additionally, if they are travelling on an EU-based airline, the rights extend to flights returning to the EU from abroad. This implies that non-EU citizens, for example, Americans, can claim flight compensation for non EU citizens if their flight was delayed, cancelled or overbooked and met the necessary criteria.
It is also important to note that while the U.S. has less comprehensive regulations concerning passenger rights, it does provide certain protections for passengers beyond simply compensation for delayed or cancelled flights. For instance, it has regulations concerning bumping rights and conditions for tarmac delays, which EU law does not explicitly cover.
Ultimately, when you are familiar with air passenger rights and believe you may be entitled to delayed or cancelled flight compensation, find out which best flight compensation companies can help you. You may also fill out the claim form and one of the agencies will check your flight and take your case.