Air Passenger Rights

Air passenger rights in case of flight delayed or cancelled

• Is your flight delayed?
• Has your flight been cancelled?
• Have you been denied to board?

It is essential that you, as an airline passenger, are informed about your rights so that you can assert them effectively when necessary. These rights have been established to protect you in a variety of situations that may occur during your travels.

Cancellations and Delays

If your flight experiences a delay exceeding 3 hours or a cancellation with less than 14 days' notice, you may be entitled to financial compensation, which varies based on the flight distance and the duration of the delay.
Remember, if your flight is delayed by more than 2 hours, you have the right to receive assistance from the airline. This may include free meals and beverages, access to communication (such as a phone call or email), and, if necessary, accommodation for the night and transportation between the airport and the accommodation location.

Denied Boarding due to Overbooking

If you are denied boarding against your will due to flight overbooking, the airline is required to offer you immediate financial compensation, along with the option of being refunded or rebooked on an alternative flight. You are also entitled to assistance such as meals and, if necessary, accommodation.

Overbooking refers to the practice of airlines selling more tickets than there are available seats on a flight, based on the assumption that some passengers will not show up. When all passengers do show up and seats are insufficient, some may be involuntarily bumped from the flight. In such cases, regulations like the European Regulation EU261/2004 provide compensation for affected passengers.

Loss, damage, or delay in baggage delivery

In case of loss, damage, or delay in baggage delivery, you are entitled to compensation. It's important that you report the issue immediately to the airline by completing a Property Irregularity Report (PIR) at the airport baggage office.

Claims

If you believe your rights have not been respected, it's important to file a claim with the airline using the expertise of ReFly.

Useful Tips

• Always keep receipts and documents that can serve as proof (tickets, boarding passes, receipts for additional expenses incurred).
• Getting informed about your rights in advance can help manage inconveniences and reduce stress during travels.
• Remember that adverse weather conditions and exceptional circumstances can exempt airlines from certain responsibilities.

Being informed about your rights puts you in a better position to handle any inconveniences with greater peace of mind and confidence. Being informed while traveling means traveling protected.

Rights of air passengers traveling within the European Union and the United Kingdom.

The European Regulation EU261/2004 is a crucial law safeguarding the rights of air passengers traveling within the European Union, as well as those who depart from or arrive in an EU country with an airline registered in the EU. This regulation also applies, regardless of the airline’s nationality, when the flight departs from Europe or the United Kingdom. It was established to ensure that passengers are treated fairly in cases of significant delays, cancellations, and denied boardings, offering them protection and the possibility of receiving compensation. Here are some key points of Regulation EU261:

1. Compensation Criteria

The regulation applies to:

• All flights operated by EU and UK airlines, regardless of destination.
• Flights departing from an EU country or the UK to a non-EU destination, operated by any airline, including foreign ones.
• Flights arriving in the EU from a non-EU country, if operated by an EU airline.

2. Cancellations

Passengers are entitled to compensation if their flight is cancelled less than 14 days before the scheduled departure, unless the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.

3. Delays

For delays of 3 hours or more upon arrival at the destination, passengers may be entitled to compensation similar to those provided for cancellations, unless the delay is due to exceptional circumstances.

4. Denied Boarding

If passengers are denied boarding against their will (for example, due to overbooking), they are entitled to compensation, as well as the choice between a full ticket refund or an alternative flight to their final destination.

5. Financial Compensation

The compensation amount varies based on the flight distance and the delay upon arrival, ranging from 250 to 600 euros.

6. Right to Assistance

Regardless of the right to compensation, passengers are entitled to assistance (such as meals, beverages, and if necessary, accommodation) in case of delays exceeding 2 hours, cancellations, or denied boarding.

7. Exceptional Circumstances

Situations such as adverse weather conditions, airport strikes (NB: not by the airlines), or health emergencies that are beyond the airline's control exempt it from the obligation to pay compensation.

This regulation represents a significant step forward in protecting passengers' rights, ensuring they are adequately compensated and assisted during air travel disruptions.

The obligation to inform is another fundamental aspect of Regulation EU261/2004, requiring airlines to inform passengers about their rights in cases of significant delays, cancellations, and denied boarding.

What does the obligation to inform include?

Immediate Information: Airlines are required to provide passengers with immediate information regarding delays, cancellations, denied boarding, and the cause of inconvenience.

Details on Passenger Rights: At the time of check-in, or at the latest upon announcement of a significant delay, cancellation, or denied boarding, airlines must inform passengers about their rights. This is often done through the distribution of leaflets or by information published on the airline's website.

Specific Assistance: Airlines must inform passengers about the type of assistance and support they can expect in case of long delays, cancellations, or denied boarding. This includes information on meals and beverages, access to communications (such as phone calls or emails), and, if necessary, overnight accommodation and transportation between the airport and the accommodation site.

Ways to Request Compensation and Assistance: Airlines must also provide clear information on how passengers can request compensation and assistance. This may include details on how to submit a compensation claim, whom to contact for immediate assistance, and what documents are required to support the claim.

The goal of the information obligation is to ensure that all passengers are fully aware of their rights and the procedures to follow in case of issues with their flights. This transparency is essential to enable passengers to make informed decisions and to facilitate the process of claiming any due compensation or assistance.

The rights of air passengers in the United States

The air passenger rights in the United States are governed by a series of federal regulations and individual airline policies. While there is no direct equivalent of the EU261 Regulation of the European Union, there are still important protections for travelers. Here are some of the main passenger rights in the USA:

1. Refund for Cancellations and Significant Changes

US airlines are required to offer full refunds to passengers if they cancel a flight or make significant schedule changes and the passenger chooses not to travel as a result. This includes refunding all unused additional costs, such as seat selection and prepaid baggage. Compensation is only applicable if the flight was headed to Europe or Britain, or if the airline is European.

2. Compensation for Denied Boarding (Overbooking)

If you are involuntarily denied boarding on a flight due to overbooking, you are entitled to immediate compensation. The amount of compensation depends on the duration of the delay in reaching your final destination compared to the scheduled time of the original flight. Compensation can range from $675 to $1350.

3. Delays on the runway

Airlines cannot keep passengers on board an aircraft parked on the runway for more than 3 hours (for domestic flights) or four hours (for international flights) without offering the opportunity to disembark, except for safety or national security reasons.

4. Assistance during Long Delays

Even though it is not required by law, many airlines offer meals, accommodation, and transportation when delays are caused by issues under their control and involve an overnight stay or significant inconvenience.

5. Compensation for Delayed Baggage Delivery

If your checked baggage is delivered late, you may be entitled to a refund for the fees paid for transporting that baggage. Specific policies may vary among airlines.

How does ReFly work?

ReFly operates on a 'no win, no fee' basis, which means you won't pay anything if you don't receive compensation. However, if your claim is successful, the organization will retain a percentage of the compensation obtained as payment for their services.

The assistance of an expert organization like ReFly can significantly simplify the claims process, allowing you to receive fair compensation promptly.