Air Passenger Rights Introduction: Compensation and Beyond

Millions of air passengers travel each year, but a large number do not realize that there are air
passenger rights to protect them while in transit. Air Help can explain your rights, and help you
claim the compensation you’re entitled to. Info for coronavirus cancellations:
Cancellations caused by coronavirus don’t qualify for compensation, but we’ve summarized our
advice on your rights and refunds here.

What Are Air Passenger Rights?

Many airline passengers expect delayed flight compensation when they’re kept waiting in the
airport for hours. But “contrary to popular belief, for domestic itineraries airlines are not required
to compensate passengers whose flights are delayed or canceled,” the Department of
Transportation states.2 The good news is that many airlines have their own delayed-flight
policies. If a flight is cancelled or delayed because of a reason within the airline’s control, the
airline may issue meal or hotel vouchers to passengers stuck in the airport. But don’t count on
every airline, especially budget carriers, to do this.

Things are a little better in the European Union, which has granted certain air passenger
rights for E.U.-based flights and airlines. If your flight’s departure is delayed, airlines should
offer you free refreshments, food, hotel accommodation and transportation (for overnight delays)
and two phone calls or emails. If your E.U. flight’s arrival is delayed more than three hours,
passengers are entitled to compensation, unless the delay was due to “extraordinary
circumstances,” meaning things like weather and security risks.

Air passenger rights involve specific laws that support travelers and advocate for protection and
compensation when people face flight disruptions.
The situation varies from country to country. In the USA there are some regulations related to
situations such as overbooked flights and tarmac delays. However, passengers often find more
protection under the regulations in the countries they travel to. Europe’s EC 261 laws, in
particular, are comprehensive and entitle passengers to compensation in a range of situations.
The problem is that many people are not aware that the law is on their side or even that
passenger rights exist. In fact, 85% of air passengers do not know their rights.

Playing an Active Role in Air Passenger Rights

At Air Help, we are committed to serving the travel community and air passengers at large with
crucial, up-to-date information regarding travelers’ rights. It is our mission to help novice and
expert travelers alike understand decisive details. What’s more, we seek to simplify specific legal
statues that are on your side, so that you know what the laws do and how you can effectively
approach a wide variety of flight disruptions beyond your control. We help people that
experience flight delays, flight cancellations, denied boarding, baggage problems, and missed
connections.
A. LONG FLIGHT DELAYS
1. In case of flight delay of more than 2 to 4 hours (in proportion to flight distance), the
airline shall serve refreshments / meals to
passengers (according to time of day) and
offer communication facilities & hotel
accommodation for the night when necessary
(e.g. transit passengers / outstation passengers
who do not have own accommodation).
[Article D 12.2.5 & D14 of ANO-001-ATCP-
2.0]
 2. When the delay is more than 5 hours and the passenger decides to discontinue his
journey with the airline, the airline shall offer full refund of the unutilized ticket.
[Article D 13.4 & D14 of ANO-001-ATCP-2.0]
3. The airline liability for damage caused by delay in international carriage by air of
passenger is limited to Special Drawing Rights (SDR) 4,150/=. Nevertheless, the
airline shall not be liable for damage if it proves that it took all measures that could
reasonably be required to avoid the damage or that it was impossible for it to take
such measures. [Article 19 & 22 (1) of the Montreal Convention, 1999 / Rule 19 & 22
(1) of the Fourth Schedule of Carriage by Air Act, 2012].

B. FLIGHT CANCELLATION
1. Whenever a passenger’s flight is
cancelled, the operating airline
shall give the passenger a choice
of either alternative transport to
his final destination / re-routing
or full refund of unutilized ticket.
[ Article D13 of ANO-001-
ATCP-2.0 ]
2. The airline shall offer hotel accommodation for the night when necessary (e.g. transit
passengers / outstation passengers who do not have own accommodation). [ Article D
13 of ANO-001-ATCP-2.0 ]
3. The airline shall offer hotel accommodation for the night when necessary (e.g. transit
passengers / outstation passengers who do not have own accommodation). [ Article D
13 of ANO-001-ATCP-2.0 ]

C. DENIED BOARDING
1. If a passenger reports at the airline
check-in counter before the check-in
deadline and fulfils all the
requirements but is denied boarding
(due to overbooking), the airline shall
 give the passenger a choice of either alternative transport to his final destination / re-
routing or full refund of unutilized ticket. [ Article D12.3 of ANO-001-ATCP-2.0 ]
2. In addition to above, if the passenger is not a volunteer, the airline shall pay
compensation to passenger equivalent to 50% of the face value of ticket excluding
taxes. The compensation may be halved if the passenger is not delayed for more than
04 hours with alternative transport arrangement. [ Article D12.3 of ANO-001-ATCP-
2.0 ]
3. The airline shall offer hotel accommodation for the night when necessary (e.g. transit
passengers / outstation passengers who do not have own accommodation). [ Article
D12.3 of ANO-001-ATCP-2.0 ]

D. BAGGAGE LOSS / DAMAGE / DELAY

1. The airline liability for loss / damage
/ delay in international carriage of
baggage is limited to Special
Drawing Rights (SDR) 1,000/=.
[ Article 19 & 22 (2) of The
Montreal Convention, 1999 / Rule 19
& 22 (2) of The Fourth Schedule of
Carriage by Air Act, 2012 ]
2. A Property Irregularity Report (PIR) is to be lodged by each passenger to the airline
for the missing / delayed / damaged baggage, immediately on arrival (before exiting
terminal building), along with provision of copy of baggage tag number as evidence /
inspection of damaged bag or its contents by airline.
3. Submission of receipts of claimed baggage contents (which are allowed in checked
baggage by airline) would strengthen the lost baggage compensation claim of the
passenger.

E. DEATH OR INJURY OF PASSENGERS

1. The carrier is liable for damage sustained in case of death or bodily injury of a
passenger upon condition only that the accident which caused the death or injury took
 place on board the aircraft or in the course of any of the operations of embarking or
disembarking. [Article 17(1) of the
Montreal Convention, 1999 / Rule
17 (1) of the Fourth Schedule of
Carriage by Air Act, 2012].
2. The carrier is liable for damage
sustained in case of death or bodily
injury of a passenger upon
condition only that the accident
which caused the death or injury took place on board the aircraft or in the course of
any of the operations of embarking or disembarking. [Article 17(1) of the Montreal
Convention, 1999 / Rule 17 (1) of the Fourth Schedule of Carriage by Air Act, 2012].

What are my passenger rights when my flight is stuck on the runway?

The Department of Transportation has strict rules about runway delays. A domestic flight may
not remain on the tarmac for more than three hours unless there’s a safety- or security-related
reason that prevents the plane from letting passengers off, or if air traffic control says that taxiing
to the gate would disrupt airport operations.1 Also, a snack and water must be provided after a
two-hour delay, bathrooms must be operable and medical attention must be provided if
necessary. An airline may be fined for a lengthy tarmac delay, but it’s not required to
compensate passengers.

These rules apply to U.S. airlines only. In 2015, an Etihad Airways flight made headlines for
leaving passengers stranded on a foggy runway for 12 hours in Abu Dhabi. By the time the plane
arrived in San Francisco, passengers had spent a grueling 28 hours on board.

What are my passenger rights when I’m bumped from a flight?

When a flight is oversold, the DOT says airlines must first ask for volunteers to get bumped,
usually in exchange for a flight voucher, a seat on a later flight and (maybe) meal or hotel
vouchers. If you’re bumped involuntarily, the airline must give you a written statement
explaining your rights, and in general, must offer you compensation if the substitute
transportation gets you to your final destination more than an hour late. Compensation ranges
from two to four times your original one-way ticket fare, up to $1,300. If you paid for optional
services, such as seat selection, those fees should be refunded too. The airline may offer you a
flight voucher in place of a check, which you’re free to accept or reject.
What if being bumped is going to cost you more than the airline’s offering? Maybe you’re
missing an important business meeting, or the embarkation of your cruise ship. In that case, the
DOT says, you can try to negotiate a higher settlement with the airline by filing a complaint, or
even take the airline to court. Just don’t cash the check you were given until the matter’s settled.

What are my passenger rights when my luggage gets lost or damaged?

Airlines are getting better at tracking and handling baggage all the time, but bags still get
misplaced, crushed, shredded, rifled through and destroyed. According to the DOT, “airlines are
liable for provable consequential damages up to the amount of their liability limit”: up to $3,500
for each passenger for domestic flights.5 This includes the value of any essential items purchased
during the delay, such as clothing and toiletries.6 Of course, proving the value of that lost
luggage, and getting an airline to pay up, can be a challenge. You’ll need to notify the airline
immediately of the loss, and furnish receipts or other proof of the value of the contents. The best
tip we’ve heard: Snap a few quick photos of the contents of your luggage as you pack.

Why do I need travel insurance if airlines will compensate me for travel problems?
Here’s the best way we can put it: When you’re facing a travel hiccup, you have to hope the
airline will compensate you appropriately. You can rely on travel insurance to compensate you,
as long as you understand what your policy covers. For example:
1. Travel delay benefit can reimburse you for meals, accommodations and lost prepaid
expenses if your flight is delayed more than six hours. Remember, airlines aren’t required
to give you any delayed flight compensation.
2. Baggage delay benefit can reimburse you for essential items purchased because your bags
were delayed at least 24 hours.
3. Baggage loss/damage benefit can reimburse to replace possessions that get damaged or
lost.
4. Missed connection benefit can help you continue your trip if you miss a connecting flight
or cruise departure through no fault of your own.
 5. 24-hour customer assistance can help you rebook travel arrangements or deal with a trip
interruption, free of charge.

As you shop for travel insurance plans from Allianz Global Assistance, read coverage details
carefully and call our experts if you have any questions: 1-866-884-3556. Travel happy!
Richmond-based travel writer Muriel Barrett has a terrible sense of direction, and has spent
many happy hours getting lost in Barcelona, Venice and Jerusalem. Her favorite travel memories
all involve wildlife: watching sea turtles nest in Costa Rica, kayaking with seals in Vancouver
and meeting a pink tarantula in Martinique.