Understand Your Air Passenger Rights: Compensation & More
Millions of people fly every year, yet many travelers are unaware of the protections in place when flights don’t go as planned. At Air Fair Pay, we help you make sense of your rights and guide you through the process of claiming the compensation you’re entitled to.
What Are Air Passenger Rights?
Air passenger rights are legal protections designed to support travelers by ensuring compensation and assistance in cases of flight disruptions.
These rights vary by country. In the USA, regulations primarily address issues like overbooked flights and tarmac delays. However, stronger protections often apply in the countries passengers are traveling to. In particular, Europe's EC 261 offers extensive coverage, granting compensation in various situations.
The challenge is that many travelers are unaware of their rights—85% of air passengers don't know they are legally protected.
Passenger Rights in the United States
Unfortunately, US laws regarding passenger rights for delayed or canceled flights are not as comprehensive as European or international regulations.
However, US laws do provide important protections for passengers who are denied boarding, face tarmac delays, or encounter luggage issues.
Denied boarding
US airlines are more likely to overbook their flights compared to European carriers, leading to stronger laws governing compensation in these cases. If you're denied boarding due to overbooking, you could be entitled to up to $1,550 in compensation.
Passenger Rights in Europe: EU Regulation EC 261
What is EC 261?
EC 261/2004 is a regulation in EU law designed to protect passengers. It holds airlines financially accountable when disruptions occur, as long as the cause isn't beyond the airline's control.
Compared to other passenger rights laws, EC 261 is one of the most comprehensive. This vital piece of legislation advocates for air travelers, and its protections extend beyond European passengers. All passengers departing from a European airport are covered by EC 261. In some cases, passengers flying into Europe from other global destinations may also be covered.
For example, EC 261 can protect US passengers traveling on:
- Flights from Europe to the United States
- Flights departing from US airports to Europe, operated by European airlines
Global Passenger Rights: The Montreal Convention
What is the Montreal Convention?
The Montreal Convention is a multilateral treaty adopted by over 130 countries worldwide. It establishes airline liability in cases of flight delays, and for damage or loss of baggage.
Although it serves as a global standard for airline liability, the Montreal Convention is not as comprehensive as Europe's EC 261 when it comes to flight disruptions. However, it still provides passenger rights on international flights between countries that honor the treaty.
What Rights are Covered by the Montreal Convention?
The 2003 Montreal Convention outlines passenger rights in cases of flight delays, cancellations, and denied boarding.
If you miss a pre-paid reservation, need to pay for an extra hotel night, or incur other unforeseen expenses due to air travel problems, you can be reimbursed. Be sure to keep receipts and provide documentation of the incident to claim these expenses.
Note that only damages directly caused by the disruption are covered.
While the term "damages" is used, its interpretation varies by location. In countries like the United States, these damages typically refer only to monetary losses and do not include emotional distress (unless linked to a physical injury). However, in regions like the EU, a broader interpretation allows passengers to claim for emotional damages. For more specific information, it may be best to consult legal professionals.
How Air Fair Pay Can Help You
AirFairPay's mission is to assist air passengers by providing the necessary support and guidance regarding their rights when flight disruptions occur.
We are dedicated to helping travelers by offering clear, up-to-date information about their rights, ensuring they know how to navigate the complexities of air travel and claim compensation when things go wrong.
Whether you're a first-time flyer or a seasoned traveler, we simplify the laws that protect you and show you how to effectively address various flight disruptions beyond your control, such as delays, cancellations, denied boarding, baggage issues, and missed connections.
Although we're just starting out, our goal is to make a significant impact by helping passengers claim their rightful compensation and hold airlines accountable, all while offering the same "Justice-as-a-Service" model that's changed the industry.
So far, we have successfully assisted thousands of passengers in obtaining compensation for their disrupted flights.
