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  2. Consumer Rights
  3. What Are My Consumer Rights?
  4. Travel and Passenger Rights
  5. Air Passenger Rights

Air Passenger Rights

What are my passenger rights when travelling by plane?

Is your flight delayed, cancelled, or overbooked? Has your baggage been damaged, did it get lost, or did it go missing? In the EU, there are many rules protecting air passengers in any of these cases. These rules have been laid down in the European Regulation 261/2004 and the Montreal Convention. To find out everything you need to know about your air passenger rights when travelling by plane in Europe, click on the relevant link(s) below.


Flight Delay

Is your flight delayed? 

Find out your rights

Flight Cancellation

Did your flight get cancelled?

Find out your rights

Denied Boarding

Were you denied to board your flight?

Find out your rights

Baggage

Are you dealing with lost, missing, or damaged baggage?

Find out your rights

Air travel legislation

    Within the EU, there are regulations that offer you protection and possibly a right to compensation when your flight suffers a delay or when your luggage goes missing. These rules are found in European Regulation 261/2004 and in the Montreal Convention.

  • The Flight Compensation Regulation (EC No 261/2004) is a regulation in EU law establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long flight delays. 

    The Air Passenger Rights rules that have been laid down in the European Regulation 261/2004 apply to: 

    Flights within the EU, operated either by an EU or a non-EU airline.

    • Flights that arrived in the EU from outside the EU, operated by an EU airline.
    • Flights that departed from the EU to a non-EU country, operated by an EU or a non-EU airline.

    The outbound and return flights are always considered as two separate flights — even if they were booked as part of one reservation.

    In some cases, the airline operating the flight (also known as the operating air carrier) may not be the one from which you bought your ticket. If problems occur, only the operating air carrier can be held responsible.

    If an airline hires an aircraft including crew from another airline (under a wet lease), the airline that hires the aircraft carries operational responsibility for the flight. Under EU rules (specifically, Regulation 261/2004), it is regarded as the operating airline. Read more here. 

    #flight-compensation-regulation

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  • The Montreal Convention was concluded on May 28, 1999 to protect passengers, baggage, and goods on international flights. Since then, 136 countries have joined.

    Based on the current exchange rate, airlines are liable for the loss, damage, or destruction of baggage up to the amount of €1,800 per passenger. This compensation should cover emergency replacement purchases (such as clothing and toiletries) as well as baggage repair or replacement. A successful claim, however, requires you to prove that the airline is responsible for any baggage-related issues. Furthermore, you should be able to submit invoices for all relevant emergency purchases.
    When to report damaged, delayed, or lost baggage?

    Whether your baggage is damaged, delayed, or lost, it is recommended that you report it immediately. In any case, you should adhere to the following time frames:

    • Damaged baggage: make a claim against the airline within 7 days.
    • Delayed baggage: report the issue within 21 days.
    • Lost baggage: make a claim within 2 years.

    If your baggage was lost or damaged, it is not always possible to replace everything using the compensation described above. Moreover, money cannot replace personal or sentimental belongings. Delayed baggage, on the other hand, can ruin a trip — especially if you have packed essentials in your checked-in bags. It is all the more reason to assert your rights in such cases.

    Read more about the Montreal Convention here. 

    #montreal-convention

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Where can I get assistance and advice?

The European Consumer Centres Network provides free legal advice and support on cross-border purchasing issues. It can also help consumers deal with disputes relating to travelling in the EU, Norway, and Iceland. If you have tried to resolve a dispute with a business to no avail, click here to contact your local ECC and submit an enquiry.

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