Know your rights
Flight delays
When a flight is delayed for more than three hours, you may be entitled to financial compensation of up to €600, in accordance with EU Regulation (EC) No 261/2004. This regulation applies to flights operated by airlines in the European Union or from an airport in the EU. The aim is to ensure that passengers are treated fairly and are properly compensated for significant disruption to their journeys.
Criteria for Financial Compensation
The compensation awarded varies according to the length of the delay and the distance traveled by the flight, according to the following parameters:
| Flight Category | Delay < 3 hours | Delay 3-4 hours | Delay > 4 hours |
|---|---|---|---|
| Flights up to 1,500 km | Without compensation | 250€ | 250€ |
| Internal flights within the EU > 1,500 km | Without compensation | 400€ | 400€ |
| Non-EU flights 1,500 – 3,500 km | Without compensation | 400€ | 400€ |
| Non-internal EU flights > 3,500 km | Without compensation | 300€ | 600€ |
- Delays of more than three hours: Right to compensation, except in extraordinary circumstances beyond the airline’s control.
- Flight distance: The amount of compensation is proportional to the length of the flight, and can cover short, medium or long journeys.
This regulation reflects the European Union’s commitment to protecting the rights of air passengers and ensuring that they are fairly compensated for the inconvenience they suffer. If you have experienced a flight delay, check your eligibility and ensure your rights.
International Applicability of Regulation (EC) No. 261/2004
It is essential to understand that the scope of Regulation (EC) No. 261/2004 is not restricted to flights operated within the European Union. This regulation extends, in certain circumstances, to flights outside the EU, depending on factors such as the airline responsible and the route taken.
To make it easier to understand, here is a clear summary of the situations in which the regulation applies:
| Flights | EU airline | Non-EU airline |
|---|---|---|
| From inside the EU to inside the EU | Covered | Covered |
| From inside the EU to outside the EU | Covered | Covered |
| From outside the EU to inside the EU | Covered | Not covered |
| From outside the EU to outside the EU | Not covered | Not covered |
Eligibility for Compensation on Flights Outside the European Union
In specific situations, flights departing from outside the European Union and which do not have a destination in the EU may be eligible for compensation, provided they are operated by the same airline and under the same booking code. This criterion is especially relevant for connecting journeys and complex itineraries.
If you have any questions about your eligibility for compensation, we encourage you to contact us at info@paxdefender.com. We will be happy to clarify your questions and verify your rights, based on the particularities of your case.
Passenger Assistance Rights
When a flight delay reaches or exceeds two hours, the airline is legally obliged to provide adequate assistance to the passengers affected. This assistance must include:
- Provision of meals and drinks, compatible with the waiting time;
- Two free communications, such as phone calls, sending emails or faxes;
- Accommodation and transportation if you need to stay overnight due to the delay.
Refunds and Accommodation Options
If the delay is longer than five hours, passengers have the right to choose between:
- Full refund of the ticket:
- For the parts of the flight not taken.
- For parts that have already been completed, if they have lost their original purpose.
- You can choose to be rebooked on another flight with the same airline or, in some situations, with another operator.
How to Proceed in the Event of a Delay
If your flight is significantly delayed, it is essential to take steps to protect your rights and ensure that you receive the support you are entitled to. Follow these steps to deal with the situation effectively:
- Collect All Relevant Documentation
Make sure you keep all documents related to the trip, including tickets, boarding passes, receipts for additional expenses and any communication with the airline. - Ask the airline for clarification
Ask the carrier about the reason for the delay and your rights. Also ask for a written statement confirming the cause of the delay, as this may be needed to file a complaint. - Seek Our Specialized Support
Our team is ready to help you assess your situation, verify eligibility for compensation and conduct the entire claims process quickly and efficiently. Trust us to turn the inconvenience of the delay into a fair solution.
Flight Cancellations
If your flight has been canceled, especially with less than 14 days’ notice before departure, you may be entitled to financial compensation of up to €600. This amount depends on the distance of the flight and the inconvenience caused by the change of itinerary. In addition, you retain the right to opt for a full refund of the ticket or re-accommodation on another flight. In this guide, we explain how you can claim your rights and secure the compensation to which you are entitled.
Criteria for Compensation in Cases of Flight Cancellation
Not all cancellations automatically confer the right to compensation. There are specific situations in which compensation is not applicable, such as:
| Prior Notice | Flight Change Requirements |
|---|---|
| 14 days or more | No specific flight change requirements. |
| 7 – 13 days | Alternative flight that departs up to 2 hours earlier and arrives up to 4 hours later than the original time. |
| Less than 7 days | Alternative flight that departs up to 1 hour earlier and arrives up to 2 hours later than the original time. |
When compensation is eligible
The amount of compensation for a canceled flight is calculated based on the distance covered by the planned route. To give you a better understanding, here are some examples to illustrate how this compensation is applied according to the length of the flight itinerary:
| Flight Category | Cancellation < 2 hours | Cancellation 2-3 hours | Cancellation 3-4 hours | Cancellation > 4 hours | Flights did not take place |
|---|---|---|---|---|---|
| Flights up to 1,500km | 125€ | 250€ | 250€ | 250€ | 250€ |
| Internal flights within the EU > 1,500km | 200€ | 200€ | 400€ | 400€ | 400€ |
| Non-EU flights 1,500km – 3,500km | 200€ | 200€ | 400€ | 400€ | 400€ |
| Non-EU flights > 3,500km | 300€ | 300€ | 300€ | 600€ | 600€ |
Passenger Rights in the Event of Cancellation
Even in situations where compensation is not applicable, passengers still have rights that must be respected by the airline, including:
- Full Refund: You can choose to receive the full amount paid for the ticket if you do not wish to continue with the trip.
- Reallocation on Another Flight: Alternatively, you have the right to be reallocated on an alternative flight, under similar conditions to the original booking.
- Passenger Assistance: In situations of prolonged waiting, the airline is obliged to provide meals, refreshments, free communications and, if necessary, accommodation and transportation.
How to Proceed in the Event of Cancellation
To ensure that their rights are fully respected:
- Gather All Documentation: Keep tickets, booking confirmations, boarding passes and any correspondence with the airline.
- Contact the airline: Find out the reasons for the cancellation and ask for your rights.
- Consult us for Support: Our specialized team can help you assess your eligibility for compensation and conduct the claims process effectively.
Being informed about your rights in the event of flight cancellations is essential to ensure that you receive adequate assistance and compensation. Although some situations may be exempt from compensation, airlines are still obliged to comply with a set of rules for the benefit of passengers. You can count on us to ensure that your rights are respected and that any inconvenience is resolved fairly and swiftly.
Connection Losses
Missing an airline connection that causes significant delays to your final destination may entitle you to financial compensation, in a similar way to delays on direct flights. It is essential to understand how the accumulated delay impacts your rights and to be aware of the procedures required to claim both financial compensation and additional assistance.
Criteria for Evaluating Compensation in Cases of Loss of Connection
Eligibility for compensation in situations of loss of connection is determined by several factors, including:
- Length of Final Delay: The total delay time until arrival at the final destination is a key criterion. If the delay is longer than three hours, you may qualify for compensation, depending on the circumstances.
- Connection Operated by the Same Booking: All legs of the journey must be included under the same booking code for the missed connection to be considered in the claim.
- Airline liability: Only situations in which the delay or missed connection is attributable to the airline are eligible for compensation, excluding cases of extraordinary circumstances such as extreme weather conditions or third-party strikes.
Airline Liability in Cases of Missed Connections
Whenever a missed connection occurs due to a problematic flight, the responsibility for compensation generally lies with the airline that operated the initial flight. This principle applies regardless of where the problem arose along the itinerary. It should be noted that this responsibility covers all subsequent flights included in the same booking, even if they are operated by other airlines.
Distance Calculation and Compensation Determination
The amount of financial compensation is calculated on the basis of the total distance of the trip, taking into account all the flights on the same booking that were affected by the incident. Here are the basic criteria:
- Combined Distance: To determine the amount of compensation, the length of all the sections affected by the initial interruption, from the point of departure to the final destination, is counted.
This method ensures that passengers are fairly compensated for the full impact of the missed connection, covering the entire compromised route.
How to proceed in the event of a lost connection
If you have experienced a loss of connection that has resulted in substantial delays, follow these guidelines to safeguard your rights:
- Keep All Documentation: Make sure you keep tickets, boarding passes and any receipts for additional expenses incurred with you.
- Contact the Airline: Immediately inform the airline of the problem and request the assistance to which you are entitled.
- Trust Us With Your Claim: Our team is available to help you submit your claim, calculate the potential amount of compensation and monitor the entire process.
Understanding your rights in the event of a missed connection is crucial to ensuring that you receive the assistance and compensation you are legally entitled to. Airlines are obliged to respect clear regulations in these cases, and good preparation, combined with adequate knowledge, allows you to deal more effectively with the challenges associated with this type of unforeseen event. We are at your side to turn difficulties into solutions, ensuring that your rights are respected and that you receive fair compensation.
Overbooking
Overbooking, a common practice in commercial aviation, occurs when airlines sell more tickets than there are seats available on the flight. Although it is a widely used strategy to maximize flight occupancy, it can result in situations where passengers are prevented from boarding against their will. European Regulation (EC) No. 261 protects affected passengers by guaranteeing them the right to significant compensation.
When Can You Claim Compensation?
Compensation for overbooking applies exclusively when the passenger is prevented from boarding against their will. If they choose to voluntarily accept an offer from the airline – such as rebooking on another flight or economic benefits – in exchange for their seat, they are no longer eligible to receive the standard compensation stipulated in the regulation.
Situations in which it is not possible to claim compensation
There are specific exceptions that exclude the right to compensation in cases of overbooking:
- Failure to Comply with Check-In Rules: If you do not show up at the check-in counter within the time limit set by the airline or if you do not have the necessary documentation to travel.
- Inappropriate Behavior: If the passenger displays conduct that could be considered a risk to the safety or well-being of other passengers and crew.
Compensation Amounts Determined by Flight Distance
The financial compensation awarded varies according to the distance of the flight and the delay caused by the overbooking, as stipulated in the regulation. The standard amounts are as follows:
- 250€: For flights of up to 1,500 km.
- 400€: For intra-Community flights over 1,500 km and all other flights between 1,500 km and 3,500 km.
- 600€: For flights over 3,500 km.
How to Proceed in the Event of Overbooking
If you have been denied boarding due to overbooking, follow these steps to guarantee your rights:
- Request documentation: Ask the airline for a written statement confirming the reason for the denied boarding.
- Gather Evidence: Keep your boarding pass, flight ticket and any other relevant documents.
- Contact Us for Support: Our team of experts is available to help you file your complaint and ensure that you are properly compensated for the inconvenience caused.
Overbooking can be a frustrating experience, but the passengers affected are protected by clear regulations that guarantee rights and compensation. Knowing how to act in these situations and knowing your rights is essential to minimizing inconvenience. Count on us to turn this experience into an effective and fair solution.