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As air travel has become more affordable and accessible, passengers are now more likely to encounter common travel issues such as flight delays, cancellations, and overbooking. Managing travel disruptions can be difficult, but understanding your rights as an air passenger can make it easier. This guide explores the laws that protect air passenger rights and explains how travellers can receive compensation following certain situations.
Air Passenger Rights Overview
It is important for air passengers to understand their rights in order to pursue compensation if something goes wrong with their flight. Air passenger rights are regulated by the European Union and the Department of Transportation (DOT) in the United States. The pertinent laws are the Montreal Convention in the EU and the Boyle Amendment in the US. The Montreal Convention sets out a minimum standard of regulations and rights to protect air passengers. According to the convention, airlines have an obligation to provide compensation if a flight is delayed, cancelled or overbooked, or if a passenger’s luggage is lost or damaged during their travels. In the US, Congress enacted the Airline Deregulation Act in 1978, which abolished the Civil Aeronautics Board, the government agency that regulated the airline industry. As part of the Act, Congress passed the Boyle Amendment, which, among other things, allows airlines to overbook flights.
Flight Delay Compensation
A flight is considered delayed when it arrives more than 15 minutes late for short-haul flights, more than 30 minutes late for medium-haul flights and more than 3 hours late for long-haul flights. In this case, the airline must provide passengers with meals, refreshments, hotel accommodation, and transport to and from the hotel if they are delayed overnight. In addition, passengers may have a right to financial compensation depending on their flight route and the length of their delay. Passengers on EU-regulated flights may be entitled to between £220/€250 and £530/€600 in compensation depending on the duration of the delay and the distance of the flight. Passengers on US-regulated flights may be entitled to the full cost of their flight, up to a maximum of $725.
Flight Cancellation Compensation
An airline is obligated to provide passengers with meals, refreshments, hotel accommodation, and transport if their flight is cancelled and they are unable to board an alternative flight within 12 hours. They may also be entitled to financial compensation depending on the circumstances of the cancellation. Passengers on EU-regulated flights may be entitled to between £111/€125 and £530/€600 in compensation depending on the duration of the delay and the distance of the flight. Passengers on US-regulated flights may be entitled to twice the cost of their flight, up to a maximum of $1,450.
Overbooking and Denied Boarding
It is common for airlines to overbook flights, meaning they sell more seats than there are available on the aircraft. In this case, passengers may be denied boarding. US and EU laws require airlines to first request volunteers who are willing to give up their seats, and to offer compensation for doing so. US-regulated airlines must offer compensation based on the length of the delay and the distance of your flight. EU-regulated airlines must provide at least £220/€250 in compensation along with meals, refreshments and hotel accommodation.
Connecting Flights and Missed Connections
If a passenger misses the connection to their onward flight due to a delay on the first flight, they may be entitled to compensation and assistance. Airlines must provide passengers with meals, refreshments, hotel accommodation, and transport if they are unable to board an alternative flight within 12 hours. Passengers on EU-regulated flights may be entitled to between £220/€250 and £530/€600 in compensation depending on the duration of the delay and the distance of the flight. Passengers on US-regulated flights may be entitled to twice the cost of their flight, up to a maximum of $1,450.
Strike-related Flight Disruption
If a flight is cancelled or delayed due to an airline strike, passengers may be entitled to financial compensation depending on their flight route and the length of their delay. In this case, the airline is not obligated to provide meals, refreshments, hotel accommodation and transport, as the disruption is out of their hands. Passengers on EU-regulated flights may be entitled to between £220/€250 and £530/€600 in compensation depending on the duration of the delay and the distance of the flight
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.