As an air passenger, you have clearly defined rights to care and financial compensation when your flight is disrupted. The key to successfully asserting your claim is knowing the rules and following the correct steps.
I. Entitlement to Care and Financial Compensation (Flight Delays and Cancellations)
These rules primarily apply to flights departing from a specific jurisdiction (e.g., the EU) or flights arriving in that jurisdiction (if operated by a carrier registered there, referencing globally recognized standards like EC 261/2004).
1. Right to Care (Catering and Accommodation)
In the event of a long delay or cancellation, the operating carrier must provide care before any compensation claim can arise.
| Delay Duration | Flight Distance | Right to Care Entitlement |
| 2 hours or more | Short flights (up to 1,500 km) | Meals and refreshments, two phone calls/emails. |
| 3 hours or more | Medium flights (1,500 – 3,500 km) | Meals and refreshments, two phone calls/emails. |
| 4 hours or more | Long flights (over 3,500 km) | Meals and refreshments, two phone calls/emails. |
| If the new departure time is the next day | Any length | Hotel accommodation and transportation between the airport and the hotel. |
2. Right to Financial Compensation (Fixed Sum)
Fixed financial compensation is unrelated to the passenger’s actual expenditure but to the time lost. This applies if your flight is delayed by 3 hours or more at the final destination, or if your flight is cancelled less than 14 days before departure.
| Flight Category (Distance) | Delay at Destination (3+ hours) | Cancellation (Notified < 14 days prior) |
| Up to 1,500 km | $250 €$ | $250 €$ |
| 1,500 – 3,500 km (within the same region/jurisdiction) | $400 €$ | $400 €$ |
| Over 3,500 km (outside the region/jurisdiction) | $600 €$ | $600 €$ |
Key Exception: Extraordinary Circumstances
The carrier is not obliged to pay compensation if the delay or cancellation was caused by extraordinary circumstances that could not have been avoided, even if all reasonable measures had been taken. These typically include:
- Severe weather conditions (snowstorms, heavy fog).
- Air traffic control or airport staff strikes (but generally not strikes by the carrier’s own staff).
- Security risks or political instability.
Important: Aircraft technical failure is generally not considered an extraordinary circumstance under most regulations, meaning you are usually entitled to compensation.
II. Baggage Issues: Delay, Damage, and Loss
Rights regarding baggage are governed by separate international conventions (e.g., Montreal Convention). Your claim is limited to a maximum established amount.
1. Damaged Baggage
If your baggage is damaged upon arrival, you must:
- Immediately report the damage at the Lost & Found/Baggage Claim desk at the airport and obtain a P.I.R. Report (Property Irregularity Report).
- Submit a written complaint to the carrier within 7 days of receiving the baggage.
- Compensation Claim: The carrier is liable for damages up to approximately 1,600 USD / 1,700 EUR (this amount varies based on the current international convention).
2. Delayed Baggage
If your baggage does not arrive with you, follow this procedure:
- P.I.R. Report: Obtain this immediately at the airport.
- Interim Expenses: The carrier is obligated to reimburse reasonable and necessary costs for purchasing essential items (toiletries, underwear) that you need while waiting for your bag. Keep all receipts!
- Loss: Baggage is officially considered lost if it has not been delivered within 21 days.
- Compensation Claim: Similar to damage, the carrier’s liability is limited to the maximum established amount (approximately 1,600 USD / 1,700 EUR).
III. How to File an Effective Claim
- Documentation is Key: Keep all your documents: tickets, boarding passes, purchase receipts (for delayed baggage), and any communication with the carrier.
- P.I.R. Report: For baggage issues, the P.I.R. Report is essential to initiate any claim. Without it, your position will be significantly weaker.
- Time Limits: Adhere strictly to deadlines. For flight compensation, you typically have 2 to 6 years to file a claim (depending on national legislation), but for baggage, the deadlines are very short (7 or 21 days).
- Direct Communication: Always file your claim in writing and directly with the operating carrier (i.e., the one that actually performed the flight).
