Air Passenger Rights
Know Your Rights
European Regulation: EC 261
EC261 is a regulation established by the European Union that protects the rights of air passengers in case of flight delays, cancellations, or denied boarding. The regulation applies to passengers departing from an EU airport or flying to an EU airport with an EU-based airline.
• Under EC261, passengers may be entitled to compensation, reimbursement, and assistance depending on the circumstances of their disrupted flight. The compensation amounts are fixed and range from €250 to €600 per passenger, based on the flight distance and length of delay.
• The regulation also requires airlines to provide care and assistance to passengers, such as meals, refreshments, and accommodation, in case of long delays or cancellations. Additionally, EC261 grants passengers the right to choose between a refund or an alternative flight if their original flight is canceled or significantly delayed.
• However, airlines are not obligated to pay compensation if the disruption is caused by “extraordinary circumstances” beyond their control, such as adverse weather conditions, security risks, or air traffic control restrictions.
EC261 has been instrumental in strengthening passenger rights and holding airlines accountable for disruptions within their control. It has provided a framework for passengers to seek compensation and assistance when their travel plans are disrupted, making air travel within the EU more passenger-friendly.
Do
Don't
Curious about your potential compensation? Try our quick and easy eligibility checker. Enter a few details about your disrupted flight, and receive an instant eligibility analysis.
Brazil: ANAC 400
Brazil ANAC 400 is a regulation implemented by the Brazilian National Civil Aviation Agency (ANAC) that establishes the rights and protections for air passengers in Brazil. The regulation applies to all flights operated by Brazilian airlines and foreign airlines operating within Brazil.
• Under ANAC 400, passengers are entitled to various forms of assistance and compensation in case of flight delays, cancellations, or denied boarding. The regulation sets specific time frames for delays, and airlines are required to provide material assistance, such as meals, refreshments, and accommodation, depending on the length of the delay.
• In case of flight cancellations or denied boarding, passengers have the right to choose between a full refund, rebooking on the next available flight, or rebooking at a later date of their convenience. If the cancellation or denied boarding occurs within 72 hours of the scheduled departure, passengers may also be entitled to compensation, ranging from 250 to 1,000 Special Drawing Rights (SDRs) based on the flight distance.
• However, similar to EC261, airlines are exempt from paying compensation if the disruption is caused by extraordinary circumstances beyond their control, such as adverse weather conditions, security risks, or air traffic control decisions.
• ANAC 400 also stipulates that airlines must provide clear and accessible information to passengers about their rights and the assistance they are entitled to in case of disruptions. The regulation has been crucial in enhancing passenger protections and ensuring that airlines operating in Brazil are held accountable for providing adequate care and compensation to affected passengers.
Overall, ANAC 400 serves as a comprehensive framework for safeguarding the rights of air passengers in Brazil, similar to how EC261 functions within the European Union.
Do
Don't
Montreal Convention
The Montreal Convention, formally known as the Convention for the Unification of Certain Rules for International Carriage by Air, is a multilateral treaty that establishes a set of uniform rules governing the rights and liabilities of airlines and passengers in international air travel. It was adopted in 1999 and has been ratified by numerous countries worldwide.
The Montreal Convention modernizes and replaces the earlier Warsaw Convention, providing a more comprehensive and up-to-date framework for international air travel. It covers various aspects of air transportation, including passenger rights, baggage liability, cargo, and documentation.
• Under the Montreal Convention, airlines are liable for damages caused by delay, injury, or death of passengers during international air travel. In case of passenger death or bodily injury, the convention establishes a two-tier liability system. The first tier provides strict liability up to a certain amount (currently around 128,821 Special Drawing Rights or SDRs), regardless of fault. For damages exceeding this amount, airlines can defend themselves by proving that they took all necessary measures to prevent the damage or that it was impossible to take such measures.
• The convention also sets limits on airline liability for baggage loss, damage, or delay, as well as for cargo. Passengers are required to file a complaint within a specified time frame to be eligible for compensation.
• In addition to liability provisions, the Montreal Convention addresses other aspects of international air travel, such as documentation requirements, jurisdiction for legal claims, and the responsibilities of contracting states.
• The Montreal Convention aims to strike a balance between protecting passenger rights and providing a predictable legal framework for airlines operating international flights. It has been widely adopted and has become the primary legal instrument governing international air travel liability.
It's important to note that the Montreal Convention applies specifically to international flights between countries that have ratified the treaty. Domestic flights and flights between countries that have not ratified the convention may be subject to different regulations and liability rules.
Do
Don't
US Air Passenger Rights
In the United States, air passenger rights are primarily governed by regulations set forth by the Department of Transportation (DOT) rather than a single comprehensive law like the European Union's EC261 or Brazil's ANAC 400.
The DOT has established various rules and requirements that airlines must follow to protect passenger rights. These include:
• Tarmac Delay Rule: Airlines are prohibited from keeping passengers on the plane for more than 3 hours (for domestic flights) or 4 hours (for international flights) during tarmac delays, unless there are safety or security concerns.
• Overbooking and Denied Boarding: Airlines are required to seek volunteers before involuntarily bumping passengers from overbooked flights. Passengers who are involuntarily bumped are entitled to compensation based on the length of the delay and the price of the ticket.
• Baggage Liability: Airlines are liable for lost, damaged, or delayed checked baggage, with a maximum liability limit of $3,800 per passenger for domestic flights.
• Refunds: Passengers are entitled to a full refund if their flight is canceled, significantly delayed, or if there is a significant schedule change, and the passenger chooses not to travel.
• Transparency: Airlines must provide clear and timely information to passengers about delays, cancellations, and changes in their travel itinerary.
However, unlike EC261 or ANAC 400, the DOT regulations do not mandate specific compensation amounts for flight delays or cancellations. Compensation is typically determined by each airline's individual policies, which can vary significantly.
Additionally, the DOT rules do not apply to circumstances beyond the airlines' control, such as weather conditions, air traffic control decisions, or security threats. While the U.S. air passenger regulations provide some protections and rights, they are not as comprehensive or standardized as those found in the European Union or Brazil. Passengers traveling within the United States should familiarize themselves with their specific airline's policies regarding delays, cancellations, and compensation to understand their rights and entitlements.
Do
Don't
Other Compensations
In addition to monetary compensation, you may have rights to additional benefits, including: