Air Passenger Rights — Your Legal Guide to Flight Delays, Cancellations & Lost Luggage
Know your rights as an air passenger. This comprehensive guide covers EU and US regulations, compensation for delays and cancellations, lost luggage claims, and denied boarding protections.
EU Passenger Rights (Regulation EC 261/2004)
The European Union's Regulation EC 261/2004 is the world's strongest passenger protection framework. It covers all flights departing from an EU/EEA airport (any airline) and flights arriving in the EU on EU-based carriers.
When Are You Entitled to Compensation?
You can claim financial compensation when your flight is cancelled, you arrive at your destination more than 3 hours late, or you are denied boarding involuntarily — provided the disruption was within the airline's control (not "extraordinary circumstances" like severe weather, air traffic control strikes, or security threats).
Compensation Amounts
| Flight Distance | Compensation | Example Routes |
|---|---|---|
| Up to 1,500 km | €250 | London-Paris, Berlin-Rome |
| 1,500-3,500 km | €400 | London-Istanbul, Paris-Cairo |
| Over 3,500 km | €600 | Frankfurt-New York, Amsterdam-Tokyo |
Right to Care
Regardless of compensation eligibility, airlines must provide "right to care" during delays:
- 2+ hour delay: Meals and refreshments, plus 2 phone calls or emails
- Overnight delay: Hotel accommodation and transport between airport and hotel
- 5+ hour delay: Full ticket refund if you choose not to travel
How to Claim
- Contact the airline directly — most have online claim forms
- Keep all boarding passes, booking confirmations, and delay evidence
- If the airline refuses, contact your country's National Enforcement Body (NEB)
- You can also use Alternative Dispute Resolution (ADR) schemes
- As a last resort, take the case to a small claims court
US Passenger Rights (DOT Regulations)
The US Department of Transportation (DOT) enforces passenger protections that differ significantly from EU rules. While less comprehensive, they provide important safeguards.
Tarmac Delay Rules
Airlines operating in the US cannot keep passengers on a plane sitting on the tarmac for more than:
- 3 hours for domestic flights
- 4 hours for international flights
After 2 hours, airlines must provide food, water, and working lavatories. Violations can result in fines of up to $27,500 per passenger.
Cancellation and Delay Refunds (2024 Rule)
The DOT's 2024 rule requires airlines to provide automatic cash refunds when:
- A flight is cancelled (regardless of reason)
- There is a "significant change" — defined as 3+ hours for domestic or 6+ hours for international flights
- Refunds must be issued within 7 business days (credit card) or 20 calendar days (other payment)
Involuntary Denied Boarding
| Arrival Delay | Domestic | International |
|---|---|---|
| 1-2 hours late | 200% of one-way fare (max $775) | 200% of one-way fare (max $775) |
| 2+ hours (domestic) / 4+ hours (intl) | 400% of one-way fare (max $1,550) | 400% of one-way fare (max $1,550) |
Baggage Liability
- Domestic flights: Airlines are liable for up to $3,800 per passenger for lost, damaged, or delayed baggage
- International flights: Up to approximately $1,780 (1,288 SDR) under the Montreal Convention
Lost & Damaged Luggage — Montreal Convention
The Montreal Convention (1999) governs international airline liability for lost, damaged, or delayed baggage on international flights between signatory countries (virtually all major aviation nations).
Key Rules
- Maximum liability: approximately €1,300 (1,288 Special Drawing Rights) per passenger
- Damaged baggage: Report within 7 days of receiving your bag
- Delayed baggage: File a written claim within 21 days of receiving the delayed bag
- Lost baggage: If not found within 21 days, it's officially "lost" and you can claim full compensation
- Legal deadline: You have 2 years to take legal action from the date of arrival or the date the flight should have arrived
How to File a Claim
- Report immediately at the airline's baggage desk before leaving the airport
- Obtain a Property Irregularity Report (PIR) — this is your official record
- Keep receipts for any essential items you need to purchase while waiting
- Submit a formal written claim to the airline with your PIR reference, receipts, and inventory of contents
- If the airline refuses reasonable compensation, contact your national aviation authority or a consumer rights organization
Denied Boarding & Overbooking
Airlines routinely sell more tickets than available seats, anticipating no-shows. When everyone turns up, some passengers will be "bumped." Here's what happens:
Voluntary Bumping
Airlines must first ask for volunteers. Volunteers typically receive:
- Travel vouchers or cash compensation (negotiate — don't accept the first offer)
- Rebooking on the next available flight
- Meals, hotel, and transport if applicable
Involuntary Denied Boarding
If not enough volunteers step forward, the airline selects passengers to bump. In this case, you are legally entitled to:
- EU: €250-€600 compensation (same as cancellation, based on distance) plus a choice of refund or rebooking
- US: 200-400% of your one-way fare (max $1,550), paid immediately by cash or check
- Both: Meals, refreshments, and hotel if the next flight is the following day
Frequently Asked Questions
Under EU Regulation 261/2004, compensation ranges from €250 for flights under 1,500 km to €600 for flights over 3,500 km, provided the delay exceeds 3 hours and is within the airline's control (not extraordinary circumstances like weather).
EU261 applies to all flights departing from an EU airport regardless of airline, and to flights arriving in the EU on EU-based carriers. Non-EU airlines flying into the EU from outside are not covered by this regulation.
Report it immediately at the airline's baggage desk before leaving the airport. File a Property Irregularity Report (PIR). Under the Montreal Convention, you can claim up to approximately €1,300. Submit a written claim to the airline within 21 days for delayed baggage.
Yes. Both EU and US regulations require airlines to offer a full refund for cancelled flights if you choose not to be rebooked. In the EU, this applies even to non-refundable tickets under EC 261/2004.
In both the EU and US, airlines must first ask for volunteers before involuntarily denying boarding. If you're involuntarily bumped, you're entitled to compensation: €250-600 in the EU, or 200-400% of your one-way fare (up to $1,550) in the US.
In the US, airlines cannot keep passengers on the tarmac for more than 3 hours for domestic flights or 4 hours for international flights without allowing them to deplane. Airlines must provide food, water, and working lavatories within 2 hours.
In the EU, yes. Airlines must provide meals, refreshments, hotel accommodation (if overnight), and transport between the airport and hotel during long delays. Thresholds: 2+ hours for short flights, 3+ hours for medium, 4+ hours for long-haul.
Time limits vary by country. In most EU countries, you have 2-6 years to file a claim (e.g., 6 years in the UK, 3 years in Germany, 2 years in Spain). For lost luggage under the Montreal Convention, you must file within 2 years.