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Air passenger rights and flight compensation — a little history
As air passengers, we did not always have rights. Considering commercial flights being a quite recent means of transportation (compared to others), governments worldwide have had to decide on air travel rights.
This all started in 1999, when the Montreal Convention established worldwide airline liability in the event of passenger death or injury, delays, damage, or loss of baggage and cargo.
After that, in 2004, air travel rights have been further specified in the EU by Regulation (EC) No. 261/2004, also known as EU261. This new regulation stated that the airline owes air passengers flight compensation for denied boarding or last-minute flight cancellation.
The same European regulation EU261 was then updated in 2009 after the so-called EU Sturgeon Ruling. This ruling determined that the flight compensation rules should also apply to flight delays of over 3 hours.
Finally, in 2019, the UK government adopted its equivalent of EU261, called 'The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019’, which is the main regulation protecting passengers travelling from and to the United Kingdom.
How are passengers protected by this regulation?
Passengers can receive up to €600 by claiming compensation for cancelled or delayed flights according to the European regulation EU261. Also, the regulation states that passengers are entitled to flight compensation AND special assistance if the flight has been cancelled less than 2 weeks before the departure date or delayed for at least 3 hours. The special assistance includes vouchers for meals, hotels, and transportations, which passengers can claim by contacting the airline service desk at the airport!
When do British and European regulations protecting my air passenger rights?
Your air passenger rights are protected by European and British regulations only if:
- Your flight was operated by a European airline, OR,
- Your flight was operated by a non-European airline BUT you departed from the UK or an EU country
If you were flying onboard a non-EU or a non-British airline from a non-EU country, the aforementioned regulations, unfortunately, do not apply. See more details in the table below.
| Type of flight | Example | Compensation |
|---|---|---|
| Flying with a British carrier | Tokyo to London with British Airways | Yes |
| Flying with a EU carrier | Amsterdam to London with KLM | Yes |
| Flying with a non-UK/non-EU carrier from the UK | London to Tokyo with Japan Airlines | Yes |
| Flying with a non-UK/non-EU carrier to the UK | Tokyo to London with Japan Airlines | No |
Was your flight from Europe delayed or cancelled?
According to the British and EU regulations, you can get flight compensation up to £520 per passenger!
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How much compensation am I entitled to?
The amount of compensation you may receive differs depending on the flight distance. Check out the table below for detailed information:
| Distance of your flight | Compensation according to UK261/EU261 |
|---|---|
| Flights shorter than 1,500 km | €250 per passenger |
| Flight between 1,500 and 3,500 km | €400 per passenger |
| Flights of over 3,500 kilometres within the EU | €400 per passenger |
| Flights of over 3,500 kilometres outside of the EU | €600 per passenger |
Air passenger rights for a delayed flight: claim flight compensation up to €600!
If your flight was delayed by more than 3 hours upon arrival, you can exercise your rights and claim up to €600.
For the exact amount of the compensation, check out the table above!
Air passenger rights for a cancelled flight: compensation and right to a ticket refund
You can exercise your rights to get flight compensation in the event of a cancelled flight if:
- Your flight was cancelled less than 14 days before departure, AND,
- The airline was the party at fault for the cancellation
More information can be found in the table below.
| Cancellation notice | Alternative flight | Compensation |
|---|---|---|
| Fewer than 7 days in advance | Departs 1h+ earlier or arrived 2h+ later | Yes |
| 7-14 days in advance | Departs 2h+ earlier or arrived 4h+ later | Yes |
| Fewer than 14 days in advance | No alternative flight offered | Yes + refund |
When am I entitled to a ticket refund?
- You chose not to accept the alternative flight offered by the airline
- The airline did not provide you with an alternative flight
Air passenger regulations for overbooked flight and denied boarding
Overbooking is a common practice among airlines. They usually sell more tickets than there are seats on the plane. If in the end all the passengers went to board the plane, the airline must ask some passengers to give away their seats, rebooking them on another flight and/or offering them vouchers. If no volunteers are found by the airline, the airline will have to deny boarding to random passengers.
If you were denied boarding: you have air passenger rights! Denying passengers boarding is the same as a flight cancellation, according to the EU261. You could then be entitled to flight compensation, flight refund or both, if you did not fly with the airline in the end.
What are my rights to assistance?
If the flight was cancelled less than 2 weeks before the departure date or delayed for at least 3 hours, airlines are entitled to provide specific assistance to the passengers. This is called the “right to care”, which includes vouchers for food, accommodation, and transportation. This assistance can be claimed at the airline service counter at the airport. Even if the airline refuses the vouchers, you can simply just purchase what you need, and the airline will have to reimburse you for those costs (as long as they are reasonable)!
Wondering if your air passenger rights apply for your last flight?
Check your flight now with our free, no obligation Claim Calculator!
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Can the airline deny my air travel rights? All about the extraordinary circumstances.
According to EU261, for passengers to get their compensation, the airline must be the party at fault for the flight delay or cancellation. If a third party of force majeure causes the delay or cancellation, the airline is not the party at fault and, therefore can deny air passengers their rights to flight compensation.
Following are a few examples of extraordinary circumstances (please note that this list is not exhaustive):
- Severe weather conditions (eg. heavy rain, thunderstorms)
- A delay or cancellation caused by passengers who feel unwell
- A strike within the aviation industry not related to the airline (eg. airport staffs)
- Keep in mind that strikes caused by airline workers (eg. pilots) are NOT extraordinary circumstances!
- Natural disasters (eg. tornadoes, floods)
Air travel rights: how to claim flight compensation and exercise your rights?
Flight-Delayed.com is the fastest and easiest way to claim flight compensation!
With Flight-Delayed.com, you can claim flight compensation in just a few minutes. Our experts will handle your claim from A to Z by preparing the right dossier, communicating with the airline, and more. When needed, we will even defend your air passenger rights in court!
For your convenience, we operate on a ‘no win, no fee’ basis.
If you wish to learn more about our fees, please visit our Price List page.
Otherwise, if you are ready to claim, start the process right away — you can do it straight from your phone or your computer!
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