Your passenger rights as a traveller

10 min read

In today's world, air travel has become an essential part of our lives, whether for business or leisure. However, with the convenience of flying comes the potential for unexpected disruptions, such as delays, cancellations, or lost baggage. Understanding your air passenger rights is crucial in these situations. These rights are designed to protect and empower you, ensuring fair treatment and compensation when things don't go as planned. In this post, we will explore the key aspects of air passenger rights, providing you with the knowledge and confidence to navigate any travel hiccup with ease.

1. What are air traveller rights? ✈️

Air traveller rights are a set of protections and entitlements designed to safeguard passengers during their air travel experiences. These rights are established by various regulatory bodies around the world, such as the European Union's Regulation (EC) No 261/2004, the U.S. Department of Transportation (DOT) regulations, and similar frameworks in other countries. The landscape of air traveller rights has evolved significantly over the past few decades, with increasing recognition of the need to protect passengers from common air travel disruptions. These regulations ensure that passengers are not left stranded or uncompensated when things go wrong. The most well-known framework, the EU Regulation 261/2004, provides comprehensive rights for passengers flying within, into, or out of the European Union. Other regions have their own sets of rules, varying in scope and enforcement.

Air traveller rights typically cover a range of events, including but not limited to:

Flight Delays: Compensation for significant delays, often depending on the duration of the delay and the flight distance.
Flight Cancellations: Entitlements to re-routing, refunds, and compensation when flights are cancelled without adequate notice.
Denied Boarding: Rights for passengers who are involuntarily denied boarding due to overbooking, including compensation and assistance.
Lost or Delayed Baggage: Compensation for baggage that is lost, delayed, or damaged during air travel.
Tarmac Delays: Protections against being held on the tarmac for extended periods without access to basic services.

While the regulations provide clear entitlements, claiming these rights can be challenging due to several factors:

Complex Procedures: The process for filing claims can be complicated and time-consuming, requiring passengers to navigate through various forms and documentation.
Airline Resistance: Airlines often make it difficult for passengers to claim compensation by rejecting initial claims, requiring extensive evidence, or interpreting regulations narrowly.
Lack of Awareness: Many passengers are not fully aware of their rights or the procedures to claim them, leading to underutilization of these protections.
Legal Loopholes: Airlines may exploit legal loopholes or invoke extraordinary circumstances, such as severe weather or strikes, to avoid paying compensation.

Understanding your rights and the steps to enforce them is essential for ensuring that you receive fair treatment and compensation when air travel plans go awry. This section will delve deeper into these aspects, providing detailed guidance and practical tips for passengers to successfully claim their entitlements.

2. EC261 🇪🇺

EC261, officially known as Regulation (EC) No 261/2004, is a landmark regulation enacted by the European Union to protect air passengers from disruptions during their travel. This regulation sets out the rights of passengers in cases of flight delays, cancellations, and denied boarding, as well as the compensation and assistance they are entitled to receive.

Scope of EC261

EC261 applies to all flights departing from an EU airport, regardless of the airline, as well as flights arriving at an EU airport operated by an EU-based airline. This wide applicability ensures a broad coverage for passengers traveling within, into, or out of the European Union.

Key Protections under EC261

EC261 provides several key protections for air passengers, including:

Flight Delays: Passengers are entitled to compensation if their flight is delayed by three hours or more upon arrival, with compensation amounts varying based on the flight distance. Additionally, passengers must be provided with meals, refreshments, and accommodation if necessary, depending on the length of the delay.
Flight Cancellations: In the event of a flight cancellation, passengers are entitled to a full refund, re-routing to their final destination, or a return flight to the original departure point. Compensation is also provided unless the cancellation is due to extraordinary circumstances or the passenger was informed at least 14 days in advance.
Denied Boarding: If passengers are denied boarding due to overbooking, they are entitled to compensation, as well as assistance in the form of meals, refreshments, and accommodation if needed. Additionally, passengers can choose between a refund, re-routing, or a return flight to the original departure point.
Downgrading: If a passenger is placed in a lower class than that for which the ticket was purchased, they are entitled to reimbursement of a percentage of the ticket price, depending on the flight distance.
Missed Connections: If a missed connection due to a delayed or cancelled flight causes passengers to arrive at their final destination with a delay of three hours or more, they are entitled to the same compensation as for delayed flights.

Claiming Compensation under EC261

While EC261 provides robust protections, claiming compensation can sometimes be challenging. Passengers need to be aware of the following:

Documentation: Keeping detailed records of the disruption, including boarding passes, flight numbers, and any communication with the airline, is crucial for supporting a compensation claim.
Airline Response: Airlines may initially reject claims or offer lower compensation than entitled. Passengers should be persistent and, if necessary, seek assistance from national enforcement bodies or third-party services specializing in air passenger rights.
Extraordinary Circumstances: Airlines are exempt from paying compensation if the disruption was caused by extraordinary circumstances beyond their control, such as severe weather, security risks, or strikes. However, airlines often invoke this clause to avoid compensation, and passengers may need to challenge such claims.

EC261 has significantly enhanced the rights of air passengers within the European Union, providing a framework for fair treatment and compensation during travel disruptions. By understanding these rights and how to enforce them, passengers can better navigate the challenges of air travel and ensure they receive the benefits they are entitled to under this regulation.

3. UK261 🇬🇧

UK261, officially known as The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019, mirrors the European Union's EC261 regulation but applies specifically to flights within, into, or out of the United Kingdom. This regulation ensures that air passengers continue to enjoy the same protections and compensation entitlements as provided under EC261 following Brexit.

Under UK261, passengers are entitled to compensation and assistance for flight delays, cancellations, denied boarding, and downgrading, just as they would under EC261. The key provisions and rights remain largely unchanged, maintaining the high standards of passenger protection that UK travellers have come to expect.

Although the regulatory framework is now separate, UK261 maintains the same robust protections for air passengers, ensuring continuity and consistency in the treatment of air travel disruptions for those flying within, to, or from the UK.

4. ANAC 400 🇧🇷

ANAC400, established by Brazil's National Civil Aviation Agency (ANAC), is a comprehensive regulation designed to protect air passengers in Brazil. This regulation outlines the rights of passengers in cases of flight delays, cancellations, and other disruptions, ensuring fair treatment and compensation.

Scope of ANAC400

ANAC400 applies to all domestic and international flights operated by Brazilian airlines, as well as international flights operated by foreign airlines departing from or arriving in Brazil. This regulation provides broad coverage to safeguard passengers traveling to, from, and within Brazil.

Key Protections under ANAC400

ANAC400 provides several important protections for air passengers, including:

Flight Delays: Passengers are entitled to communication, food, accommodation, and transportation assistance depending on the length of the delay. Compensation may also be available for significant delays.
Flight Cancellations: In the event of a flight cancellation, passengers are entitled to re-routing, refunds, or compensation. Airlines must provide assistance similar to that for delayed flights.
Denied Boarding: Passengers denied boarding due to overbooking are entitled to compensation, assistance, and the choice between re-routing or a refund.
Lost or Damaged Baggage: Compensation is available for baggage that is lost, damaged, or delayed, with specific timelines and procedures for filing claims.

Claiming Compensation under ANAC400

To claim compensation under ANAC400, passengers should:

Keep Documentation: Maintain records of the disruption, including tickets, boarding passes, and any communication with the airline.
Contact the Airline: Initially file a complaint directly with the airline, providing all necessary documentation and details of the disruption.
Seek ANAC Assistance: If the airline does not resolve the issue satisfactorily, passengers can seek assistance from ANAC, which oversees the enforcement of these rights.

ANAC400 provides a strong framework for protecting air passengers in Brazil, ensuring that they receive fair treatment and compensation in the event of travel disruptions. Understanding these rights can help passengers navigate the challenges of air travel more effectively.

5. SHY 🇹🇷

SHY, also known as the Regulation on the Rights of Passengers Traveling by Air, is Turkey's comprehensive framework designed to protect air passengers from various travel disruptions. Established by Turkey's Directorate General of Civil Aviation (DGCA), SHY outlines the rights and compensations passengers are entitled to in cases of delays, cancellations, denied boarding, and other issues.

Scope of SHY

SHY applies to all domestic and international flights operated by Turkish airlines, as well as flights operated by foreign airlines departing from or arriving in Turkey. This broad applicability ensures robust protection for passengers traveling to, from, and within Turkey.

Key Protections under SHY

SHY provides several essential protections for air passengers, including:

Flight Delays: Passengers are entitled to assistance such as meals, refreshments, communication facilities, and accommodation depending on the length of the delay. Compensation may also be available for significant delays.
Flight Cancellations: In the event of a flight cancellation, passengers are entitled to re-routing, refunds, and compensation. Airlines must provide assistance similar to that for delayed flights.
Denied Boarding: Passengers denied boarding due to overbooking or other reasons are entitled to compensation, assistance, and the choice between re-routing or a refund.
Lost or Damaged Baggage: Compensation is available for baggage that is lost, damaged, or delayed, with specific timelines and procedures for filing claims.

Claiming Compensation under SHY

To claim compensation under SHY, passengers should:

Keep Documentation: Maintain detailed records of the disruption, including tickets, boarding passes, and any communication with the airline.
Contact the Airline: Initially file a complaint directly with the airline, providing all necessary documentation and details of the disruption.
Seek DGCA Assistance: If the airline does not resolve the issue satisfactorily, passengers can seek assistance from Turkey's Directorate General of Civil Aviation (DGCA), which oversees the enforcement of these rights.

SHY provides a strong framework for protecting air passengers in Turkey, ensuring they receive fair treatment and compensation in the event of travel disruptions. By understanding these rights, passengers can better navigate the challenges of air travel and ensure they receive the protections they are entitled to.

6. APPR 🇨🇦

APPR, officially known as the Air Passenger Protection Regulations, is Canada's comprehensive framework designed to safeguard air passengers from various travel disruptions. Established by the Canadian Transportation Agency (CTA), APPR outlines the rights and compensations passengers are entitled to in cases of flight delays, cancellations, denied boarding, and other travel issues.

Scope of APPR

APPR applies to all flights to, from, and within Canada, including connecting flights. This regulation covers both Canadian and foreign airlines operating in Canadian airspace, ensuring broad protection for passengers.

Key Protections under APPR

APPR provides several essential protections for air passengers, including:

Flight Delays: Passengers are entitled to standards of treatment and compensation for significant delays, including meals, refreshments, and accommodation depending on the length of the delay.
Flight Cancellations: In the event of a flight cancellation, passengers are entitled to re-routing, refunds, and compensation. Airlines must also provide assistance similar to that for delayed flights.
Denied Boarding: Passengers denied boarding due to overbooking or other reasons are entitled to compensation, assistance, and the choice between re-routing or a refund.
Lost or Damaged Baggage: Compensation is available for baggage that is lost, damaged, or delayed, with specific timelines and procedures for filing claims.
Tarmac Delays: Protections against being held on the tarmac for extended periods, including provisions for basic necessities and the option to disembark if the delay exceeds a certain duration.

Claiming Compensation under APPR

To claim compensation under APPR, passengers should:

Keep Documentation: Maintain detailed records of the disruption, including tickets, boarding passes, and any communication with the airline.
Contact the Airline: Initially file a complaint directly with the airline, providing all necessary documentation and details of the disruption.
Seek CTA Assistance: If the airline does not resolve the issue satisfactorily, passengers can seek assistance from the Canadian Transportation Agency (CTA), which oversees the enforcement of these rights.

APPR provides a robust framework for protecting air passengers in Canada, ensuring they receive fair treatment and compensation in the event of travel disruptions. By understanding these rights, passengers can better navigate the challenges of air travel and ensure they receive the protections they are entitled to under Canadian law.

7. IASL 🇮🇱

Israel has established comprehensive regulations to protect air passengers from various travel disruptions. These protections are outlined in the Israeli Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), ensuring passengers receive fair treatment and compensation in cases of flight delays, cancellations, denied boarding, and other issues.

Scope of Israeli Aviation Services Law

This law applies to all flights departing from or arriving in Israel, covering both Israeli and foreign airlines. It ensures that passengers traveling to, from, and within Israel are protected under these regulations.

Key Protections under Israeli Aviation Services Law

The Israeli Aviation Services Law provides several key protections for air passengers, including:

Flight Delays: Passengers are entitled to assistance such as meals, refreshments, communication facilities, and accommodation depending on the length of the delay. Compensation may also be available for significant delays.
Flight Cancellations: In the event of a flight cancellation, passengers are entitled to re-routing, refunds, and compensation. Airlines must provide assistance similar to that for delayed flights.
Denied Boarding: Passengers denied boarding due to overbooking or other reasons are entitled to compensation, assistance, and the choice between re-routing or a refund.
Lost or Damaged Baggage: Compensation is available for baggage that is lost, damaged, or delayed, with specific timelines and procedures for filing claims.
Downgrading: If a passenger is placed in a lower class than that for which the ticket was purchased, they are entitled to reimbursement of a percentage of the ticket price, depending on the flight distance.

Claiming Compensation under Israeli Aviation Services Law

To claim compensation under the Israeli Aviation Services Law, passengers should:

Keep Documentation: Maintain detailed records of the disruption, including tickets, boarding passes, and any communication with the airline.
Contact the Airline: Initially file a complaint directly with the airline, providing all necessary documentation and details of the disruption.
Seek Civil Aviation Authority Assistance: If the airline does not resolve the issue satisfactorily, passengers can seek assistance from the Civil Aviation Authority of Israel, which oversees the enforcement of these rights.

The Israeli Aviation Services Law provides a robust framework for protecting air passengers in Israel, ensuring they receive fair treatment and compensation in the event of travel disruptions. By understanding these rights, passengers can better navigate the challenges of air travel and ensure they receive the protections they are entitled to under Israeli law.

8. ATL 🇷🇸

Serbia has established regulations to protect air passengers from various travel disruptions, ensuring they receive fair treatment and compensation in cases of flight delays, cancellations, denied boarding, and other issues. These protections are outlined in Serbia's Aviation Law, which aligns closely with European Union regulations, providing comprehensive coverage for air travellers.

Scope of Serbia's Aviation Law

The law applies to all flights departing from or arriving in Serbia, covering both Serbian and foreign airlines. This ensures that passengers traveling to, from, and within Serbia are protected under these regulations.

Key Protections under Serbia's Aviation Law

Serbia's Aviation Law provides several key protections for air passengers, including:

Flight Delays: Passengers are entitled to assistance such as meals, refreshments, communication facilities, and accommodation depending on the length of the delay. Compensation may also be available for significant delays.
Flight Cancellations: In the event of a flight cancellation, passengers are entitled to re-routing, refunds, and compensation. Airlines must provide assistance similar to that for delayed flights.
Denied Boarding: Passengers denied boarding due to overbooking or other reasons are entitled to compensation, assistance, and the choice between re-routing or a refund.
Lost or Damaged Baggage: Compensation is available for baggage that is lost, damaged, or delayed, with specific timelines and procedures for filing claims.
Downgrading: If a passenger is placed in a lower class than that for which the ticket was purchased, they are entitled to reimbursement of a percentage of the ticket price, depending on the flight distance.

Claiming Compensation under Serbia's Aviation Law

To claim compensation under Serbia's Aviation Law, passengers should:

Keep Documentation: Maintain detailed records of the disruption, including tickets, boarding passes, and any communication with the airline.
Contact the Airline: Initially file a complaint directly with the airline, providing all necessary documentation and details of the disruption.
Seek Civil Aviation Directorate Assistance: If the airline does not resolve the issue satisfactorily, passengers can seek assistance from the Civil Aviation Directorate of the Republic of Serbia, which oversees the enforcement of these rights.

Serbia's Aviation Law provides a strong framework for protecting air passengers, ensuring they receive fair treatment and compensation in the event of travel disruptions. By understanding these rights, passengers can better navigate the challenges of air travel and ensure they receive the protections they are entitled to under Serbian law.

9. DOT 🇺🇸

When it comes to air travel in the United States, the U.S. Department of Transportation (DOT) plays a crucial role in ensuring that passengers are treated fairly. While the current regulations cover specific areas like tarmac delays, overbooking, and transparency in ticketing, there has been growing concern about the need for more comprehensive protections. Fortunately, the DOT has announced plans to introduce more robust regulations to better safeguard air passengers from various travel disruptions.

Current Protections under DOT

Right now, U.S. air passengers have a few key rights under existing DOT regulations:

Tarmac Delays: If your plane is delayed on the tarmac for more than two hours, airlines are required to provide you with food, water, and access to lavatories. If the delay exceeds three hours for domestic flights or four hours for international flights, passengers must be allowed to disembark.
Denied Boarding: Overbooking is a common practice, and if you are denied boarding, the airline must compensate you. The amount of compensation depends on the delay caused by the overbooking.
Transparency in Ticketing: Airlines must disclose all fees and taxes in the advertised price of a ticket, ensuring transparency in what you’re actually paying for.

The Need for More Comprehensive Regulations

Despite these protections, many passengers feel that the current regulations do not go far enough. Issues like flight cancellations, significant delays, and mishandled baggage are still major pain points for travelers. Unlike in the European Union, where regulations like EC261 provide robust compensation and assistance, U.S. passengers often find themselves without adequate recourse when things go wrong.

DOT's Planned Enhancements

In response to these concerns, the DOT has announced plans to enhance air passenger rights. These upcoming regulations aim to provide clearer guidelines and more comprehensive protections, potentially including:

Compensation for Delays and Cancellations: Similar to EU regulations, the new rules may require airlines to compensate passengers for significant delays and cancellations.
Improved Assistance: Passengers could receive better assistance during disruptions, such as meals, accommodation, and alternative transportation options.
Stronger Baggage Protections: Enhanced rules to ensure timely and fair compensation for lost, delayed, or damaged baggage.

The DOT’s commitment to expanding air passenger rights is a positive step towards ensuring that travelers receive the treatment and compensation they deserve. As these new regulations are developed, passengers can look forward to a more reliable and passenger-friendly air travel experience in the United States.

10. Montreal Convention 🌎

Overview of the Montreal Convention

Adopted in 1999, the Montreal Convention builds on earlier agreements to create a unified legal framework for international air travel. Its primary goal is to balance the interests of passengers and airlines by providing clear rules on carrier liability and passenger rights in cases of delays, cancellations, lost baggage, and injuries or death. Over 130 countries, including the United States, Canada, the European Union member states, and many others, have ratified the convention, making it a widely recognized standard in international aviation law.

Key Protections under the Montreal Convention

The Montreal Convention offers several critical protections for passengers, including:

Flight Delays: Passengers can claim compensation for damages resulting from significant delays. The airline’s liability is limited to around 5,346 Special Drawing Rights (SDRs), a mix of currency values established by the International Monetary Fund (IMF).
Flight Cancellations: If a flight is canceled, passengers are entitled to compensation for resulting damages, including accommodation and meals, depending on the circumstances and the specific country’s interpretation of the convention.
Lost or Damaged Baggage: Airlines are liable for lost, damaged, or delayed baggage up to a limit of approximately 1,288 SDRs. Passengers should report any issues with their baggage as soon as possible to strengthen their claims.
Injury or Death: In the unfortunate event of injury or death during an international flight, the convention provides for compensation up to 128,821 SDRs without the need to prove the airline’s fault. Higher compensation can be claimed if the airline is found to be at fault.

Filing a Claim under the Montreal Convention

To file a claim under the Montreal Convention, passengers should:

Keep Documentation: Maintain detailed records of the disruption, including tickets, boarding passes, receipts for expenses, and any communication with the airline.
Report Issues Promptly: For baggage-related claims, report the issue to the airline immediately and fill out any required forms.
Contact the Airline: File a formal complaint with the airline, providing all necessary documentation and details of the disruption.
Seek Legal Assistance: If the airline does not resolve the issue satisfactorily, consider seeking legal advice or assistance from national enforcement bodies or consumer protection organizations.

The Impact of the Montreal Convention

The Montreal Convention has significantly improved the consistency and fairness of international air travel. By establishing clear rules and liabilities, it has helped ensure that passengers are treated fairly and can seek compensation when things go wrong. As more countries adopt and adhere to the convention, the global standard for air passenger rights continues to strengthen, promoting a safer and more reliable air travel experience for everyone.

Understanding your rights under the Montreal Convention can help you navigate the complexities of international air travel and ensure you receive the protections and compensation you deserve. Whether you’re dealing with delays, cancellations, or baggage issues, knowing these rights can make a significant difference in your travel experience.

11. Why use OhNo? 🧑‍⚖️‍📝

While understanding and claiming your air passenger rights under various regulations can provide a sense of security, the actual process of filing claims when travel plans are disrupted can often be challenging and time-consuming. The complexities involved, from gathering the necessary documentation to dealing with airline bureaucracy, can make it difficult for passengers to get the compensation they deserve.

However, there's a solution that can help simplify this process. A service like OhNo is designed to take the stress out of filing claims. With OhNo, you can easily navigate through the paperwork and procedures, ensuring that you receive the compensation and assistance you're entitled to. The app streamlines the entire process, making it faster and more efficient for you to resolve any travel mishaps.