Compensation and Rights For Flight Delays, Cancellations, Overbooking, and Luggage Problems

Millions of air passengers travel each year, but a large number do not realise that there are air passenger rights to protect them while in transit.

Check if your previous flights from the past 3 years qualify for up to £520 compensation

While it’s true that individual countries abide by their own laws, there are some key features of regional or international laws that serve as powerful tools to air passengers. These include, but are not limited to, EU legislation EC 261, UK 261 Legislation, various US laws, and the Montreal Convention.

Air passenger rights involve specific laws that support travellers and advocate for some kind of compensation when people face flight disruptions caused by the airlines.

Though the contours of the law vary from country to country, these types of laws are prevalent domestically and internationally (in the US, Europe, and beyond). In essence, if a person travels on an aircraft, they have legal rights.

The problem is that many people are not aware that the law is on their side or even that passenger rights exist. In fact, globally 85% of air passengers do not know their rights.

The main disruptions that air passenger rights cover are flight delays, cancellations, overbooking and luggage problems. We will dive into the specifics of each case further, but before we go into the rights and compensation, we should cover which flights are covered by these rights.

The UK 261 Regulation, implemented after Brexit, mirrors the EU 261 regulation. It ensures that passengers flying from or to the UK have similar rights to those previously provided under the EU law. The flights that are covered:

Both UK 261 and EC 261 regulations ensure that passengers have significant rights and protections, providing compensation and assistance for delays, cancellations, and denied boarding, ensuring a consistent level of service and care for air travelers.

Playing an Active Role in Air Passenger Rights

At AirHelp, we are committed to serving the travel community and air passengers at large with crucial, up-to-date information regarding travellers’ rights. It is our mission to help novice and expert travellers alike understand decisive details. What’s more, we seek to simplify specific legal statues that are on your side, so that you know what the laws do and how you can effectively approach a wide variety of flight disruptions beyond your control. We help people that experience flight delays, flight cancellations, denied boarding and missed connections.

So far, we’ve won compensation for over 2.5 million passengers and we also provide additional technological tools for travellers in their flight compensation quests.  For instance, did you know that if you’ve suffered a flight delay our free flight delay compensation calculator can quickly calculate how much the airline owes you?

UK 261 + EU 261 Passenger Rights

Both UK 261 and EU 261 regulations ensure that passengers have significant rights and protections in case of flight delays. Passengers have the following rights:

• Passengers are entitled to compensation if their flight is delayed for more than three hours upon arrival.

• The amount of compensation depends on the length of the delay and the flight distance.

• For delays of more than two hours, passengers are entitled to meals, refreshments, and communication facilities.

When Passenger Rights are Applicable

• Your flight arrived at its destination more than 3 hours late.

• Your flight departed from an EU country or the UK

• You checked in on time for your flight.

• The delay occurred within the last 3 years.

• The delay was not caused by extraordinary circumstances like severe weather, political instability, or air traffic control strikes.

Compensation Amounts for Flight Delays

The amount of compensation you are entitled to depends on the flight distance and the length of the delay. The following table displays the compensation passengers can receive because of delayed flights.

If the delay is longer than 5 hours, passengers can choose to receive a full refund of their ticket price instead of continuing with their journey. The airline is obligated to provide passengers with:

• A full refund for the flight

• A full refund for other flights from the airline that they won’t use in the same booking

• A return flight to the first point of departure in case of connecting flights

If passengers decide to continue their flight with the airline, they can claim up to £520 (€600) in compensation if the delay is the airline's fault. These compensation amounts are per passenger, so if you are traveling with a family or a group, each individual may be entitled to receive the compensation. For more detailed information about flight delay compensation, visit our dedicated page.

UK 261 + EU 261 Rights

Passenger Rights Regarding Flight Cancellations

• Passengers have the right to compensation if their flight is cancelled, except when they are notified at least 14 days prior or offered an alternative flight close to the original schedule

• Compensation amounts vary based on flight distance and the timing of the alternative flight offered

• Passengers are entitled to a full refund or alternative flight, and assistance such as meals, refreshments, and accommodation if necessary

When are the Passenger Rights Applicable

Under UK 261 and EU 261 regulations, you are entitled to compensation for flight cancellations if:

• Your flight was scheduled to depart from the UK or EU (or land in the UK with a UK-based airline or EU with an EU-based airline)

• You hold a confirmed reservation for the flight

• The airline notifies you of the cancellation less than 14 days before the scheduled departure

• The cancellation was due to reasons within the airline's control, such as technical issues or operational circumstances not classified as extraordinary

• These rights apply to flights operated within the last 6 years

If you accept an alternative flight due to a cancellation and that flight also experiences disruptions and delays, you may be eligible for compensation based on the following criteria:

• Between 7 and 13 days' notice: The alternative flight must depart no more than 2 hours earlier and arrive with a delay of less than 4 hours compared to the original flight

• Less than 7 days' notice: The alternative flight must depart no more than 1 hour earlier and arrive with a delay of less than 2 hours compared to the original flight

Compensation amounts

The compensation that passengers are eligible to receive for the cancelled flight is as follows:

Flight Cancellations Rights Regarding International Flights and Montreal Convention

For international flights covered by the Montreal Convention, compensation for flight cancellations is also available:

• The Montreal Convention provides compensation damages resulting from flight cancellations, depending on the circumstances and losses incurred.

Compensation Amounts

The Montreal Convention does not specify fixed compensation amounts but covers damages up to a maximum of approximately $7,000, depending on the situation.

Additional Information

• Airlines must offer either a refund of the ticket price or alternative transportation to the destination.

• Passengers can choose between reimbursement or re-routing, subject to availability.

• If the flight cancellation is attributable to the airline and meets the specified conditions, passengers are eligible for compensation.

Both under UK 261/EU 261 and the Montreal Convention, passengers have robust rights ensuring they are compensated or accommodated appropriately in case of flight cancellations, safeguarding their travel plans and financial interests.

UK 261 + EU 261 Rights

Passengers who have been denied boarding due to airline overbooking have the right to claim compensation for their inconvenience. The following outlines passenger rights in case of overbooking:

• Passengers who are involuntarily denied boarding due to overbooking or other reasons are entitled to compensation

• They have the option to choose between a full refund of their ticket or an alternative flight

• Airlines must provide additional assistance, including meals, refreshments, and accommodation if necessary

When Passenger Overbooking Rights are Applicable

Under UK 261 and EU 261 regulations, you are eligible for compensation if:

• You were denied boarding due to overbooking

• Your flight was scheduled to depart from the UK or EU, or to land in the UK with a UK-based airline or EU with an EU-based airline

• You had a confirmed reservation and checked in on time

• The airline did not offer alternative transportation that would allow you to depart within one hour of your original flight time

Compensation Amounts

The compensation amounts vary depending on the flight distance. The compensation amounts for the different d

• £220 or €250: Up to 1,500 km

• £350 or €400: Between 1,500 km and 3,500 km

• £520 or €600: Over 3,500 km

Additional Information: Compensation must be provided immediately upon denial of boarding. Passengers can choose between reimbursement of their ticket price or being re-routed to their destination. Compensation amounts are fixed based on the flight distance and whether the flight is within the EU or not.

Luggage issues are covered by the Montreal Convention, ensuring passengers within the EU and those traveling internationally have consistent rights. All countries that are signatories to the Montreal Convention, including EU member states and the United States, adhere to these regulations. Here are the types of baggage issues included:

• Damaged baggage: If your luggage (checked or carry-on) is damaged while in the care of the airline, they must repair or replace it.

• Delayed baggage: If your luggage doesn't arrive on time and you need something from it, the airline must reimburse you for the cost of its replacement. In this case, you should keep the purchase receipts.

• Lost baggage: If your baggage is lost, the airline must compensate you for the suitcase and its contents, provided you can supply documentation of the lost items and their value. After 21 days, a missing bag is considered lost, even if it is found later.

Not all flight disruptions fall under the protection of passenger rights clauses. The following circumstances are typically considered outside the scope of an airline’s responsibility and, therefore, are not covered by the laws in place. In other words, the situations listed below do not qualify for compensation:

1. Strikes Initiated by Airport Employees or Air Traffic Control: When strikes are initiated by airport staff or air traffic controllers, airlines cannot be held accountable for the resulting disruptions as they are beyond their control.

2. Political Unrest: Political instability or unrest, such as protests, civil disturbances, or governmental actions, can lead to flight delays or cancellations. These events are considered extraordinary circumstances, and airlines are not responsible for compensating passengers in such cases.

3. Inclement Weather: Severe weather conditions, such as heavy snow, thunderstorms, hurricanes, or fog, can significantly impact flight schedules. Since airlines cannot influence the weather, disruptions caused by inclement weather are not eligible for compensation.

4. Security Risks: Situations that pose security threats, including terrorist threats, bomb scares, or other safety concerns, can lead to flight delays or cancellations. Airlines are not liable for compensation when such security risks necessitate changes to flight operations.

The focus on educating travellers, advocating for people who have experienced flight disruptions, and holding the airlines to the laws already in place are all strengthening the efforts and commitment to supporting more seamless travel and furthering passenger rights.

Accountability and Responsibility

Since its launch in 2013, AirHelp’s legal team has successfully challenged airlines that attempt to dodge their liability using unfounded arguments. For instance:

Natural causes: On one of the Greek islands, an airline maintained that a delay was caused by the need to wait for the sun to de-ice the aircraft naturally.

The mystery passenger: In Germany, one airline maintained that a passenger who was filing for compensation did not exist at all.

Drunken passengers and broken windows: In Finland, AirHelp won a case where a delay was caused by the offloading of two drunken passengers, as well as the crew needing to fix a broken window. The court decided that neither of these causes fell under “extraordinary circumstances.”

Poland:

Disruptions on multi-leg flights: AirHelp has won a case where a passenger claimed compensation for their disrupted multi-leg flight that had a delay on the second leg. The airline only paid out compensation for the second leg, not for the whole route. The court decided that it is irrelevant which leg is affected; compensation is due for the whole route. This decision is likely to be followed by other courts.

Sweden:

Refusing Re-Routing: If passengers don’t accept the re-routing schedule offered by the airline following the cancellation of their flight and decided not to go at all, they are now considered to be entitled to compensation even when the passenger was already reimbursed for the flight ticket by the airline.

AirHelp Efforts Change Jurisdiction

Several of the cases AirHelp has won have led to legislative changes around the world, including these noteworthy scenarios:

Flight connections compensation in Germany:
Before AirHelp started working on claims regarding delays caused by missed connections, passengers needed to prove that the only reason behind missing their flight was the fact that their first flight was delayed. Today, after winning several cases, a delay of the first leg that leads to the passenger not having the minimum connection time to change planes is automatically considered the airline’s fault.

Eligibility of infants to receive compensation in Denmark: Thanks to AirHelp, infants are now eligible for compensation whenever parents had to pay a fee for taking the baby with them on the aircraft.

At AirHelp, we want to help improve air travel for air passengers.