Bumped, Delayed or Cancelled Flight, Lost Luggage? Your Air Passenger Rights (New for 2020)
Recently, new air passenger rights regulations went into effect in Canada, USA and Europe. These cover compensation that the airlines must provide if:
- A flight is delayed or cancelled
- You are bumped from a flight due to overbooking
- Your luggage is lost or damaged
Note that regulations and compensation are not the same in all territories. In fact, in some cases, they are wildly different. Also, remember that all compensation is paid in local currency.
You Must Claim Your Air Passenger Rights
In general, airlines are slow to offer compensation unless you ask. So, as an air passenger, it is up to you to know your rights, make your case, and ask for the form(s) that you’ll have to complete to get your compensation.
You start with the airline. If you’re not happy with their response, you can escalate your case to the air travel authority in your country or region. But, given that many of these regulations are recent, airlines should be aware of their obligations to you.
Airlines Now Take Passenger Rights More Seriously
The travel authorities in North America and Europe have worked with the airlines to standardize procedures, regulations and compensation levels within their countries or territories. Airlines can now be fined if they don’t comply with these regulations.
However, that doesn’t mean it’s easy for you. If you are making a claim, count on significant paperwork. Be sure you complete everything fully, so that your claim isn’t rejected due to missing information. If you have questions, ask. If possible, get copies for yourself of any documents you submit.
The travel authorities also act as arbitrators when relevant disputes arise between passengers and the airlines.
All Compensation is Not Equal – Look for the Best Payout
Depending on the airline and the departure and arrival countries, you may be able to claim compensation under two different jurisdictions. You can only claim once, but one jurisdiction may pay more than the other.
For example, if you’re flying Air France, Paris to Montreal, and you’re delayed for more than three hours in Paris, you can claim under either European or Canadian law. Because it’s a European carrier and it’s leaving from Europe, it qualifies under European law. Since it lands in Canada, it qualifies under Canadian law. Pick the one that offers the most and where the claims process is faster and easier.
No Compensation for Delayed or Cancelled Flights in USA (Unless…)
Unlike Europe or Canada, the American regulations do not impose mandatory compensation for delayed or cancelled flights.
Depending on your status with the airline, you may be able to negotiate some type of compensation for your inconvenience (points?), but under U.S. law they are not obligated to give you anything. They only need to get you to your destination as best they can (totally up to them what that means).
Unless… you’re flying to Canada or Europe. Then you may be able to apply under Canadian or European laws. Canadian law applies to all flights on any airline to, from or within Canada.
European law applies to all flights to, from or within Europe, but it may depend on whether you’re flying on a European-based airline. See the Europe section below for more details.
No Compensation for Delays or Cancellations Due to “Extraordinary Circumstances”
In all territories, “extraordinary circumstances” means anything outside of the airline’s control. For example, you won’t be eligible for compensation if your delay was a result of:
- Inclement weather
- They have to switch airplanes for safety or mechanical reasons beyond their control, and therefore have fewer seats available
- Security risks
- Strikes initiated by airport employees or air traffic control
- Political unrest
Airline watchdogs are concerned that airlines may use one of these reasons as a loophole to avoid paying. However, authorities claim they’re watching to ensure airlines play by the rules.
Volunteer to be Bumped – Time to Make a Deal
In general, in all territories, if a flight is overbooked the airline must first ask for volunteers to miss the flight to avoid bumping anyone.
If you’re not in a hurry, and would rather have the money, volunteering can be a good deal. If you volunteer, it’s up to you to negotiate your compensation on the spot.
That’s where it’s useful to know how much they would have to pay to bump someone. For example, the minimum compensation for being bumped in Canada is $900, maximum is $2,400. So, that should be your starting point in any negotiation.
If you volunteer, consider:
- When they can get you on the next flight to your destination
- Whether it’s a firm ticket or stand-by
- How much they’re offering
- Whether they’ll pay for a meal if it’s more than a few hours
- Whether they’ll pay for a hotel if it’s overnight
You Could Get Bumped Without Compensation
Being bumped from a flight assumes you have checked in on time with a valid ticket and have appropriate travel documents such as a passport and any required visa.
If you are late, or don’t have all of your documents, you could be “refused transport” (not legally the same as being bumped), without compensation.
You may be refused transport for health, safety, or security reasons, or failing to follow airline rules or instructions.
For example, if you show up at the gate roaring drunk, arguing with airline personnel, looking like you might cause further trouble, the airline is within their rights to refuse transport with no compensation (you’ll be lucky if you’re not arrested).
Hang on to All Receipts and Paperwork
Keep your boarding pass, your ticket and your luggage receipt until you’ve reached your final destination outside of the airport.
If you’re making claims of any kind, for example for lost luggage, you’ll want all of this information for the paperwork.
I’ve seen people ditch their boarding passes, sometimes with luggage receipts in the seat pocket in front of them. Don’t do it. Toss them when you get to your hotel or home.
Air Passenger Rights USA
U.S. law does not mandate compensation for any delayed or cancelled flights. You may be able to claim under European or Canadian regulations if you’re flying to or from those territories.
Bumped From Your U.S. Flight
If you are bumped from a flight due to overbooking, the airline must make its best effort to get you on a flight to your destination. Your compensation depends on whether it was a domestic or international flight, and the delay of your arrival compared to your original flight.
Domestic Flight
0 – 1 hour delay – No compensation
1 – 2 hours delay – 200% of your one-way fare to your final destination (max. $675)
2 – 4 hours delay – 400% of your one-way fare to your final destination (max. $1350)
More than 4 hours delay – 400% of your one-way fare to your final destination (max. $1350)
International Flight
0 – 1 hour delay – No compensation
1 – 2 hours delay – 200% of your one-way fare to your final destination (max. $675)
2 – 4 hours delay – 200% of your one-way fare to your final destination (max. $675)
More than 4 hours delay – 400% of your one-way fare to your final destination (max. $1350)
The airline may offer free tickets or dollar-amount vouchers for future flights instead of a check. However, you have the right to insist on a check if you prefer.
U.S. Claims for Lost or Damaged Luggage Can Be Tough
If the airline damages your luggage, they must pay to repair or replace it. However, regulations do not state specific compensation amounts. It remains at the discretion of the airline, so you may have to negotiate.
If your luggage is delayed, the airline must provide replacements of your essential items or compensate you for them. They must also give you any information they have on the location of your bag.
If your luggage is lost, the airline must compensate you for the value of your bag and its contents. However, you will probably be asked to provide proof of your lost belongings and their value.
The maximum compensation for lost luggage is $3,500. The actual amount depends on your ability to negotiate and prove the value of the items.
If the value of your luggage and contents is over $3,500 you may want to consider additional coverage when you check your bags. If your luggage gets delayed, lost or damaged, you can be compensated at a higher value.
Get details on U.S. air passenger rights on the U.S. Department of Transportation site.
Air Passenger Rights Canada
In Canada, the new air passenger rights cover delayed and cancelled flights, getting bumped from your flight and damaged or lost luggage.
Delayed or Cancelled Flights – All Airlines To, From or Within Canada
Under the new Canadian regulations, the compensation for delayed or cancelled flights applies to all airlines flying to, from or within Canada.
So, for example if you’re flying American Airlines and you’re delayed over three hours in Miami on a flight to Toronto, you can claim compensation under Canadian law.
Canada makes a distinction between large airlines and smaller airlines. Details are on the CTA site.
Large Airlines | Small Airlines |
3 – 6 hours delay, claim $400
6 – 9 hours delay, claim $700 9+ hours delay, claim $1,000 |
3 – 6 hours delay, claim $125
6 – 9 hours delay, claim $250 9+ hours delay, claim $500 |
Bumped From a Flight in Canada – Up to $2,400 Compensation
If you are denied boarding on a large airline because they oversold the flight, the airline must book you as soon as possible on their airline, or an airline with which they have an agreement or a competitor’s, in the same class of service or better, to your destination at no additional cost, plus compensate you for lost time.
If you arrive:
- 0 – 6 hours later than your original time, $900
- Between 6 and 9 hours later, $1,800
- Over 9 hours later, $2,400
These terms are the same for small airlines, other than they don’t have to book you on a competitor’s airline.
Airlines must also provide you with reasonable food and drink while you wait. If you have to wait overnight for a flight, the airline must offer you free hotel or comparable accommodation, with free transport to and from the hotel.
Canadian Claims for Lost or Damaged Luggage
For both national and international flights, compensation for damaged or lost luggage is up to $2,100 per traveller.
For damaged luggage, you must file a claim within seven days of receiving the luggage. For lost luggage, your claim must be made within 21 days after the day it was supposed to arrive.
These claims are all negotiable with the airline. For lost luggage, it’s helpful if you have some proof of contents.
Get details on Canadian air passenger rights on the Canadian Transportation Agency site.
Air Passenger Rights Europe
Europe has the most complex compensation rules making some distinctions between European-based airlines and arrival and departure locations, and basing compensation on the distance of the flight.
European Compensation for Delayed or Cancelled Flights
Before looking at the amounts you might receive, you first have to ensure that your flight qualifies under these criteria. You may be eligible for compensation if:
- Your flight is within the EU and is operated either by an EU or a non-EU airline
- Your flight arrives in the EU from outside the EU and is operated by an EU airline
- Your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline
- You have not already received benefits for these problems under the relevant law of a non-EU country
All compensation is for applicable flights delayed 3+ hours:
- Flights under 1,500 km, €250
- Flights 1,500 – 3,500 km, €400
- Flights over 3,500 km, €600
The airline must offer you a choice of cash or credit on future tickets.
Bumped from a European Flight?
In Europe, the compensation for being bumped from a flight is the same as for delayed or cancelled flights.
However, the airline can reduce their compensation by 50% if they can put you on an alternate flight that gets you to your destination within a few hours of your original landing time.
- For flights of 1,500 km or less, within two hours
- For flights 1,500 – 3,500 km, within three hours
- For flights over 3,500 km, within four hours
European Claims for Lost or Damaged Luggage
For damaged luggage, you must file a claim within seven days of receiving the luggage. For lost luggage, your claim must be made within 21 days after the day it was supposed to arrive.
For lost luggage, Europe follows compensation set out in an international agreement known as the Montreal Convention.
Although the maximum amount fluctuates, it is approximately $1,350 per person. However, you will have to negotiate this with the airline, and again, some proof of contents will help your case.
Get details on European air passenger rights on this European Union site.
EU Includes These Countries
EU includes Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Guadeloupe, French Guiana, Martinique, Réunion Island, Mayotte, Saint-Martin (French Antilles), the Azores, Madeira and the Canary Islands.
Travel Resources
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Teppy portable WiFi works around the world. Try it on your next trip.
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Along with the websites and other travel planning tools, we still like to have a guide book handy. We’ve tried them all, and these days we prefer Lonely Planet books.
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Planning a Trip? We Don’t Go Without Travel Insurance
These days there are many things that can happen when you travel, aside from getting bumped from a flight. That’s why we always get insurance for our trips. It covers damage, loss or theft of our belongings, health issues and if necessary, emergency evacuation. Better safe than sorry.
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