Air passenger rights introduction: compensation and beyond
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Air passenger regulations and rights vary from country to country, so start by selecting where you were flying.
Confused? We'll work out which law is best for your claim.
What are air passenger rights?
Passenger rights vary from country to country, but at their core they are simply regulations that protect air travelers.
They ensure you are properly cared for and compensated in the event of flight delays and cancellations, or if your luggage is lost or damaged.
As an air passenger, you have rights — no matter where you call home.
Delayed, canceled or overbooked flight? You could be eligible for up to €600 in compensation
Unfortunately, our research shows that as many as 79% of all air passengers are not aware of their flying rights — which means that many travelers miss out on the compensation owed to them, or settle for less.
Your rights at a glance
Under many regulations you can claim compensation for flight cancellations, delays over 3 hours, and denied boardings that aren't your fault.
If your flight is canceled or overbooked the airline must offer you an alternative flight or a full refund.
The airline should provide food and drinks whenever you're delayed by more than a few hours, under most air passenger regulations.
Many laws say airlines must cover the cost of accommodation when you're delayed overnight.
If you have problems with damaged, delayed, or lost luggage, you can claim money for that too.
We know your rights when it comes to flying. Do you?
Air passenger regulations about compensation
Strong air passenger rights mean travelers can claim compensation for the inconvenience and stress of flight delays, cancellations, and overbookings.
Compensation amounts
Compensation for flight disruptions serves multiple purposes.
For you, it recognises the inconvenience of a flight disruption, and helps to make amends.
But compensation also holds airlines to account, and incentivises them to avoid unnecessary disruptions.
One thing that many regulations have in common is that airlines do not have to pay compensation for delays and cancellations caused by extraordinary circumstances or force majeure. Extraordinary circumstances usually means situations outside of the airlines' control. For example sudden strikes by air traffic control, or freak weather.
Working out what money you are entitled to after a flight delay or cancellation is even more confusing because you may be owed several different things: Refund (money you paid and later get back), Compensation (money to make amends for a problem or inconvenience), and Reimbursements (if you had to spend extra money because of a delay). In some situations you are entitled to all three!
Find out if you are owed compensation for a disrupted flight
Other passenger rights
Many passenger rights say that airlines must provide refreshments if your flight is delayed by more than a few hours. The exact time varies depending on your regulation and flight distance.
If you have to wait overnight for an alternative flight, most laws require the airline to put you up in a hotel and provide transport to and from the airport.
Many passenger rights say that airlines must provide refreshments if your flight is delayed by more than a few hours. The exact time varies depending on your regulation and flight distance.
Airlines have to tell you your rights if there is a flight cancellation, a delay of at least two hours, or if boarding is denied. They should give you a written notice setting out the rules for compensation and assistance.
When flights are cancelled, passengers are entitled to choose between a full refund or an alternative flight to their destination. The airline cannot force you to accept vouchers instead of cash.
If your luggage is lost, damaged, or delayed, you may be entitled to compensation under the Montreal Convention or local regulations. Keep all receipts for essential purchases made while waiting for delayed baggage.
Airlines must provide assistance to passengers with reduced mobility or disabilities. This includes help at the airport and during the flight, as well as ensuring wheelchairs and mobility equipment are handled carefully.
Some regulations require airlines to provide water, food, and access to bathrooms if passengers are stuck on the tarmac for extended periods. In the US, planes cannot remain on the tarmac for more than 3 hours (domestic) or 4 hours (international) without allowing passengers to deplane.
Recently, air passenger rights have started tackling extra airline fees. For example Canada's regulation says that children under 14 must be sat next to their parent or guardian for free. Airlines cannot charge them to sit together.
Which countries have passenger rights?
Unfortunately not all countries have air passenger rights. Here's the most useful to know about.

Air passenger rights and regulations you should know
There are several regional or international laws that serve as powerful tools to air passengers. These include, but are not limited to, EU legislation EC 261, various US laws, Brazil's ANAC 400, and the Montreal Convention.
Certain regulations have a wider reach or prove more advantageous than others. However, it's best to remember that disrupted flight circumstances can differ significantly, and it's helpful to know which strengths you can rely on for your journey.
Indemsy's role in supporting air passenger rights
Indemsy's mission is to help air passengers.
We are committed to serving the travel community and air passengers at large by providing crucial, up-to-date information regarding travelers' rights.
Regardless of whether you're a novice flyer or an expert traveler we can help simplify the laws that are on your side.
We've made it easier to get compensation
We help passengers obtain the compensation they are entitled to for flight delays, flight cancellations, denied boarding, baggage problems, and missed connections.
It's always risk free to use Indemsy, as we'll only ever charge our fee when we win you money.
Legal achievements
Our legal team has successfully challenged airlines and represented passengers' interests.
Thanks to cases that have been won, the law is more clear. Here's some of the many ways passengers' rights have been defended:
Courts have ruled that passengers are entitled to compensation for disruptions resulting from airline staff strikes. Staff strikes are not an extraordinary circumstance, bringing much-needed assistance to the thousands of passengers affected by strikes every year.
Courts have ruled that passengers get compensation for flights that were rescheduled by 1 hour earlier or more. Flights that leave an hour earlier than scheduled cause just as much inconvenience to a passenger as a canceled flight does.
If your multi-leg flight had a delay on any leg, you are entitled to compensation for the whole route. It is irrelevant which leg is affected; compensation is due for the entire journey.
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. You don't need to prove anything beyond the delay.
Passengers don't have to accept the re-routing schedule offered by the airline following the cancellation of their flight. If you decide not to fly at all, you are still entitled to compensation.
Infants are now eligible for compensation, even when the parents only paid a fee for taking the baby with them on the aircraft.
Common questions about air passenger rights
Can I claim if the airline that I flew with has gone bust?
If the airline that you flew with has gone bankrupt or otherwise no longer exists, you are not likely to receive your compensation even if you do submit a claim. Passengers usually are last in a long list of creditors. However, if your flight was operated by another airline, it is possible to claim compensation with them instead.
The airline is offering to reschedule my flight. What does this mean?
Airlines will offer to reschedule your flight if there has been a delay or disruption. They will usually offer you a new flight schedule, or in some cases, offer an entirely new replacement flight. You can accept or reject and seek refunds/compensation when covered.
Can I get compensation for a codeshare flight?
If your disrupted flight meets the necessary criteria — then yes. For codeshare flights, the airline who is operating your flight at the time of cancellation or delay is the one responsible for paying compensation.
How long do I have to file a claim?
The right to claim compensation does eventually expire under most laws, but the time limit varies. Some countries and laws only give you a few months to file a claim, others up to 10 years. Typically up to 3 years for EU claims; UK claims can be made up to 6 years after the flight.
Can I get compensation if my flight was part of a package holiday?
Yes. If your flight is delayed or canceled and meets the necessary criteria, you can claim for compensation from the airline. It is the airline's responsibility to compensate their passengers, so the laws apply even if the flight ticket was part of a package holiday.
Can I claim compensation if I booked via an online travel agent (OTA)?
Yes, if it meets the necessary criteria. You can claim compensation for any flight delayed by 3 hours or more, or if your flight was canceled less than 14 days before departure, and if your airline was considered at fault.
When am I allowed to claim extra costs due to a flight disruption?
You can claim unexpected expenses up to 2 years after a flight delay or cancellation if the costs incurred were a direct result of the disruption. This covers food and drinks, hotel bookings, and transport tickets.
Who pays for my food and lodging if I have to wait several days?
The airline is always responsible for providing you with care in case of lengthy delay or cancellation. They must provide you with food and lodging, transport to and from the airport, and access to communication.
What do I do if my replacement flight was downgraded?
Under EC 261, if your flight was canceled and the replacement flight downgrades your seats (e.g. business class to economy class), you can get reimbursed between 30% – 75% of the ticket price you originally paid.
How can I protect my future flights against delays and cancellations?
You can protect any future flights by purchasing travel insurance. Additionally, keep all booking confirmations, boarding passes, and receipts. Know your rights before you fly.
Who can help me if the airline doesn't pay my compensation?
If an airline refuses to pay your compensation, the next step is to take them to court. Thankfully, if you claim with Indemsy, we handle all the legal procedures for you. We operate on a no win, no fee policy.