Air Passenger Rights
A study showed that 85% or EU passengers and 92% or US passengers do not know their rights when it comes to air travel. Airline staff do no properly communicate these rights either for obvious reasons. The passenger rights apply differently in various situations, such as airline used, passenger protection laws in the country departing from or the country traveling to. If it looks complicated on first sight, we aim to make this guide as simple as possible and show you how to quickly claim for compensation in cases like flight delays, flight cancellations, denied boarding (flight overbooked), baggage problems or missed connections.
Not to get technical about it, there are various regulations which protect air passenger rights, and among the most important are the EU legislation EC 261, various US laws, Brazil’s ANAC 400, and the Montreal Convention. Certain regulations may prove more advantageous than others.
The EC 261/2004 is a regulation in EU which sets air passenger rights and hold airlines accountable for when air travel take an unexpected turn. All passengers departing from an European airport are covered by the EC 261. Also, in some cases, passengers flying to Europe from other global destinations, may also be covered by this EU law.
What Compensations can be claimed
The compensation which can be claimed depends on several situations like flight delayed (3+ hours), flight cancellation or denied boarding. Below we have table which allows you to quickly preview the amount of possible compensation under different situations.
| Distance | Less than 3 hours | 3 – 4 hours | More than 4 hours | Never arrived |
| All flights 1,500 km or less | ❌ € – | ✅ €250 | ✅ €250 | ✅ €250 |
| Internal EU flights over 1,500 km | ❌ € – | ✅ €400 | ✅ €400 | ✅ €400 |
| Non-internal EU flights between 1,500 km and 3,500 km | ❌ € – | ✅ €400 | ✅ €400 | ✅ €400 |
| Non-internal EU flights over 3,500 km | ❌ € – | ✅ €300 | ✅ €600 | ✅ €600 |
For passengers traveling to or from European destinations whose flights were delayed or canceled, we have created the chart below to help you understand in which situations the EU regulations cover you:
| Flight Itinerary | EU air carrier | Non-EU air carrier |
| From inside the EU to inside the EU | ✅ Covered | ✅ Covered |
| From inside the EU to outside the EU | ✅ Covered | ✅ Covered |
| From outside the EU to inside the EU | ✅ Covered | ❌ Not covered |
| From outside the EU to outside the EU | ❌ Not covered | ❌ Not covered |
If you have missed a connecting flight because of a delay or cancellation, you should know you are entitled to ask for another flight to be booked for you taking you to the destination, and further compensation may also be available. Below table shows the cases where the EU rules protects you in such cases:
| Flight Itinerary | EU air carrier | Non-EU air carrier |
| From inside the EU to inside the EU | ✅ Covered | ✅ Covered |
| From inside the EU to outside the EU | ✅ Covered | ✅ Covered |
| From outside the EU to inside the EU | ✅ Covered | No – unless your journey originated in EU |
| From outside the EU to outside the EU | No – unless your journey originated in EU | No – unless your journey originated in EU |
There are also certain cases in which the airlines do not have to pay for compensation. The EC 261 states such situations as: strikes initiated by airport employees or air traffic control, political unrest, incremental weather, security risks. These are extraordinary circumstances under which airlines are protected on their end; however if for example in case of bad weather an airline has flight delays or cancellations while other do not because of better planning, you may still qualify for compensation.
How long do you have to request for compensation?
The right to file for compensation in cases of flight delays, cancellations or denied boarding does eventually expire. The timeframe for filing such a claim is dependent on the country where the airline is headquartered, as that is the jurisdiction of the court in such matters. Check below table for a quick guide on time limitations; it usually goes up to 3 years, exception being Malta where there is no time limit on asking for compensation.
| Country | Limitation |
| Austria | 3 years |
| Belgium | 1 year |
| Bulgaria | 5 years |
| Croatia | 3 years |
| Cyprus | 6 years |
| Czech Republic | 3 years |
| Denmark | 3 years |
| Estonia | 3 years |
| Finland | 3 years |
| France | 5 years |
| Germany | 3 years |
| Greece | 5 years |
| Hungary | 5 years |
| Iceland | 2 years |
| Ireland | 6 years |
| Italy | 26 months |
| Latvia | 10 years |
| Lithuania | 10 years |
| Luxembourg | 10 years |
| Malta | No limit |
| Netherlands | 2 years |
| Norway | 3 years |
| Poland | 1 year |
| Portugal | 3 years |
| Romania | 3 years |
| Slovakia | 2 years |
| Slovenia | 2 years |
| Spain | 5 years |
| Sweden | 3 years |
| Switzerland | 2 years |
| United Kingdom | 6 years |
In the case of luggage problems like loss or delay, the timeframe for filling a claim is 7 days. Remember to hold on your boarding pass and your checked baggage receipt. Furthermore, if you happen to have a credit card which comes with travel insurance, you may also be able to claim for compensation with your bank issuer.
How to Claim your Compensation
As we have taken you through your rights as an air passenger, you have a better understanding of the situations when a claim can be filled with an airline to get compensated if your flight was delayed, canceled or you were denied boarding.
There are two options for filling a claim: do it directly on your own or use an agency specialized in such cases. The later one is the simplest approach, as going directly on your own to ask for compensation can put you through a complex process with legal ramifications.
Using an agency specialized in such cases is beneficial as you do not have pay them anything in case they do not get your compensation. They basically get paid on success rates, with between a 25% to 50% commission fee applied on the total amount obtained (up to 50% when the case gets legal and reaches the court). Furthermore, these agencies have a specialized team to handle such request and legal proceedings in your name: they will simply get the necessary info from you and will handle the rest of the process on their end.
To claim for your compensation in case of flight delay or cancellation, follow below steps:
- Visit Compensation Page
- Fill in your flight details
- An estimation for your possible compensation will be generated
- Submit your compensation request
- Wait for your money to come in (due to complex procedures it may take several months)
This agency has handled over 16 million passenger claims, and your experience through the whole process is risk free, with no hassle and no stress.
