Air passenger rights

The European Union regulations regarding air passenger rights apply in the following situations:

Flights taking place within the EU, regardless of the airline (whether from the EU or outside the EU) ;
Flights landing at an EU airport if operated by an EU airline ;
Flights departing from an EU airport to a destination outside the EU, regardless of the airline ;
If you have not already received compensation or other forms of redress for flight-related issues under the relevant legislation of a non-EU country .

Travelers from the UK to EU Member Countries

Starting January 1, 2021, EU passenger rights regulations no longer apply to flights from the UK to the European Union if operated by a non-EU or UK carrier, even if the flight was booked before this date. However, these rules continue to apply to flights operated by EU airlines, provided compensation has not already been received under UK law.

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Important Information for Passengers from InfoCons

In this context, the European Union includes the 27 member states and various associated territories such as Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Saint Martin, the Azores, Madeira, and the Canary Islands. The rules also apply to flights to and from Iceland, Norway , and Switzerland. Outbound and return flights are considered separate flights , even if part of the same booking. In case of issues, only the airline operating the flight can be held accountable. If an airline leases an aircraft with crew from another company (wet lease), the operational responsibility lies with the leasing company.

Air Passenger Rights – Categories

The notion of air passenger rights generally includes three major categories:

Passenger rights in case of denied boarding, flight cancellation, or long delays (established by Regulation 261/2004);
Passenger rights in case of baggage delay, destruction, or loss (Montreal Convention);
Rights of passengers with disabilities and reduced mobility during air travel (Regulation 1107/2006).

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What to Do If Your Flight Is Delayed? InfoCons Consumers Protection Informs You!

If your flight departs with a delay, you have the right to assistance, a refund, and a return flight, depending on the delay duration and flight distance. If you arrive at the final destination with a delay of over 3 hours, you are entitled to compensation unless the delay was caused by extraordinary circumstances. The airline must prove this by providing evidence such as excerpts from logbooks or incident reports to the national competent body and affected passengers in accordance with national provisions on access to documents.

Assistance in Case of Departure Delay – What Does It Entail?

If the airline estimates that your flight will be delayed compared to the scheduled departure time, you have the right to snacks and refreshments proportionate to the waiting time and two telephone calls, emails, or faxes. These rights are proportional to the duration of the delay and the flight distance as follows:

A delay of at least 2 hours for flights up to 1,500 km
A delay of at least 3 hours for intra-community flights over 1,500 km and all other flights between 1,500 and 3,000 km
A delay of at least 4 hours for all other flights

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If the new expected departure time is at least the next day from the initially scheduled departure time, you are entitled to hotel accommodation and transportation to and from the airport and the place of accommodation. During the waiting period, airlines must provide free assistance. If you have travel problems, notify the airline to avoid finding solutions yourself. Airlines should also ensure, if possible, that they offer accessible accommodation for people with disabilities and guide dogs.

What to Do If You Are Not Provided Assistance? InfoCons Consumer Protection Provides Information

If you are not provided assistance and purchase your own refreshments and food, the airline should reimburse you, as long as the expenses were necessary, reasonable, and appropriate. Keep receipts for reimbursement. You are entitled to assistance only during the waiting time until redirection, under comparable transport conditions and as soon as possible, to the final destination or until the return flight to the airport from which you initially departed (if you missed the connecting flight due to issues with the previous flight).

In exceptional cases, the airline might decide to limit or not provide assistance at all if it would lead to further delays for passengers waiting for an alternative or delayed flight.

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Delays of at Least 5 Hours – What Are Your Rights?

In case of a prolonged departure delay (5 hours or more), consumers are entitled to a refund and a return flight. If the outbound flight is delayed by at least 5 hours, the airline must refund the ticket cost and, if you have a connecting flight, offer a return flight to the airport of departure as soon as possible.

Flight Cancelled? InfoCons Consumers Protection Informs You About Your Rights!

A flight is considered cancelled in the following situations:

The original flight schedule was cancelled, and you are transferred to another planned flight.
The aircraft took off but was forced to return to the departure airport, and you were transferred to another flight.
The aircraft arrives at an airport that is not the final destination mentioned on the ticket, with two exceptions:
- You agree to alternative transport (under comparable conditions and as soon as possible) to the destination airport or another agreed destination. In this case, it is not considered a cancellation but a delay.
- The arrival and destination airports serve the same city or region. In this case, it is not considered a cancellation but a delay.

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Cancelled Flight – Compensation

If your flight is cancelled, you have the right to choose between a refund, rerouting, or returning to the place of departure. You are entitled to compensation if you were informed about the cancellation less than 14 days before the planned flight date. The airline is obligated to prove if and when it personally informed you. If it cannot, contact the national authority for assistance. The operator is not required to pay compensation if it can prove that the cancellation was caused by extraordinary circumstances that could not have been avoided. The airline must prove this by providing evidence such as extracts from logbooks or incident reports to the competent national body and the affected passengers , according to national regulations on access to documents.

A printed or electronic document informing you about air passenger rights must be clearly displayed in the following places:

At the airport check-in service
At the check-in desks
Online

If you were denied boarding, your flight was cancelled, you departed with a delay of over 2 hours, or you arrived at the final destination with a significant delay, the airline must hand you a written document outlining the rules for compensation and assistance.

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Assistance in Case of a Cancelled Flight – What Does This Entail?

In the event of a flight cancellation, passengers are entitled to free meals and refreshments proportional to the waiting time and two phone calls, telex messages, telephone, or fax messages. In the event of rerouting, if the departure time of the new flight is at least one day after the scheduled departure of the cancelled flight, passengers are entitled to free hotel accommodation and transport between the airport and the accommodation.

What to Do If Your Flight Is Overbooked? InfoCons Consumer Protection Informs You

If you presented yourself on time at check-in with a valid reservation and necessary travel documents, and the airline denies you boarding due to overbooking or operational reasons, and you do not voluntarily give up your seat, you have:

The right to compensation
The right to choose between a refund, rerouting, or another reservation at a later date
The right to assistance

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Upgrading or Downgrading – What Do You Need to Know ?

If you are placed in a higher class, the airline cannot ask you to pay extra.
If you are placed in a lower class, you are entitled to a refund of a percentage of the ticket price, depending on the flight distance, as follows:
- 30% for flights up to 1,500 km
- 50% for flights within the EU over 1,500 km (except flights between the EU and French overseas departments) and all other flights between 1,500 and 3,500 km
- 75% for flights not covered by (a) or (b), including flights between the EU and French overseas departments.

If you have 2 or more connecting flights included in one ticket, the refund can only be paid for the flight during which you were placed in a lower class, not for the entire journey. The refund must be paid within 7 days.

Missed Connecting Flight ? InfoCons Informs You About Your Rights

In some cases, missing a connecting flight requires taking multiple planes to reach the final destination. If you miss a connecting flight and arrive at the final destination more than 3 hours late, you are entitled to compensation. The compensation amount is calculated based on the delay duration and the distance to the final destination.

You are entitled to compensation if the following apply:

Tickets were purchased under a single reservation ;
EU air passenger rights apply ;
The delay was not caused by extraordinary circumstances .

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Lost , Damaged , or Delayed Baggage – What Can Consumers Do ?

Checked Baggage : If checked baggage is lost, damaged, or delayed, the airline is liable, and the consumer is entitled to compensation of up to approximately 1,300 EUR. However, if the damage was caused by a defect in the baggage, the consumer is not entitled to compensation.
Hand Baggage : If hand baggage is damaged during the journey, the airline is liable only if the damage was caused by it.

Learn More About Travel Insurance with InfoCons

Travel insurance offers protection for any kind of trip abroad, whether for tourism, study, work, sports competitions, or any other activity. Well-chosen travel insurance provides the peace of mind you need when traveling. This insurance is part of optional insurance and is a financial product used to protect yourself during a trip abroad.

To have sufficient coverage when traveling with expensive items, it is recommended to take out private travel insurance. If you do not wish to do so, you can pay a supplement to obtain a higher compensation right (over 1,300 EUR) from the airline. This must be done in advance or at the latest when you check in.

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Rights of Disabled Persons and Persons with Reduced Mobility During Air Travel

Airlines, their agents, or tour operators cannot refuse to accept a reservation for a flight or to board a disabled person or a person with reduced mobility, provided they have a valid ticket and a confirmed reservation.

Transport can be refused for disability or reduced mobility only in two specific situations:

To comply with safety requirements set by international, EU , or national law, or the authority that issued the operating certificate for the respective airline;
If the size of the aircraft or its doors makes it impossible to board or transport the person with a disability or reduced mobility.

The reasons for the refusal must be immediately communicated to the person concerned and, upon request, provided in writing within five working days. In case of refusal of transport for disability or reduced mobility in the two mentioned situations, the airline, its agent, or tour operator must make all efforts to propose an acceptable alternative.

Rights of Disabled Passengers or Those with Reduced Mobility Denied Boarding

Every disabled passenger or passenger with reduced mobility denied boarding and their accompanying person have the right to choose between the following options:

Reimbursement, within seven days, of the entire ticket cost for the part or parts of the journey not made and for the part or parts already made if the flight becomes pointless concerning the initial travel plan, along with a return flight to the initial point of departure, if necessary, as soon as possible;
Rerouting under comparable transport conditions to the final destination as soon as possible;
Rerouting under comparable transport conditions to the final destination at a later date chosen by the passenger, subject to seat availability.

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How to File a Complaint? InfoCons Consumer Protection Offers Useful Information

If you wish to file a complaint, you must contact the airline in writing within 7 days for lost or damaged baggage or within 21 days of receiving the baggage if it arrived late. If you believe your rights have not been respected in the context of air transport, there are several remedies you can use. However, it is always recommended to contact the airline first.

If you do not receive a response from the airline within two months or if the response does not satisfy you, you can file a complaint within a reasonable time with the relevant national authority in the country where the incident occurred. This authority will provide non-binding legal advice on how to resolve your complaint.

Alternative Dispute Resolution

An additional option is to follow an out-of-court procedure or contact an alternative dispute resolution (ADR) entity. If the ticket was purchased online, you can file the complaint through the online dispute resolution platform (ODR platform). These entities and the platform are only accessible to EU residents.

To claim compensation under EU rules, you can use the European Small Claims Procedure. For flights operated by an EU airline, the claim can be filed either in the country of departure or arrival. This rule also applies to connecting flights under a single reservation, even if operated by different airlines. You can also go to court in the country where the airline is registered. If the airline is not registered in an EU country, you can take the matter to the courts of the EU country of departure, arrival, or where the connecting flight was taken. The deadlines for taking legal action against an airline are governed by the national limitation rules of each EU country.

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The European InfoCons App and Air Passenger Rights

If you encounter any issues in the context of air transport, InfoCons offers all consumers the European InfoCons App. The European InfoCons App is a useful and free tool available in 33 languages , which can be downloaded from the App Store, Google Play, and App Gallery. The app provides users with vital information directly in their native language.

Through the “SOS” button in the European InfoCons App , consumers have access to a detailed list of all useful and emergency numbers in each country. Once this button is accessed, consumers can select the country they are in or plan to travel to and quickly find all the numbers they need in English and the selected country’s language.

The “SOS” section of the European InfoCons App can be used offline, and emergency numbers can be called directly from the app without an internet connection. Through the “SOS” section of the European InfoCons App , national authorities in the country you are in can be contacted in case of observed passenger rights violations or any other irregularities (consumers protection , police, fire, ambulance, etc.).

Author : Andra Nițu

Master’s degree in communication sciences

InfoCons – European Organization for Consumer Protection and Promotion of Programs and Strategies , a full member of the World Organization Consumers International , founding member of the Federation of Consumer Associations , and member of ANEC .