Knowing your rights isn’t always universally known, and with flying, it’s something most of us need to Google in order to remember. What makes it more complex is that air passenger rights differ between countries, and which one we belong to when using various airlines from various destinations. This article aims to demystify these often-confusing regulations, focusing on the distinct frameworks for flight compensation in Europe and the United States, and highlighting the critical differences that every traveller should be aware of.
European passenger rights
Passenger protection in Europe is codified in Regulation EC 261/2004. It’s perhaps the world’s clearest framework and is retained in British law as UK261 post-Brexit, meaning they’re both aligned.
These regulations mandate compensation for passengers arriving at their final destination three or more hours late, provided the disruption was within the airline’s control. So, stormy weather delays don’t generally count.
Flight compensation is intuitively tiered by flight distance, though distinctive thresholds exist rather than it being a scale. Ticket price is irrelevant. There are up to €600/£520 for long-haul delays. This “right to compensation” is in addition to the “right to care,” which includes meals, refreshments and accommodation.
Of course, when it comes to claiming this compensation, it can be like pulling teeth. Yes, you may be entitled, but you may also get ignored for quite some time. Flight delay compensation third parties exist for this reason, to handle the persistence for you, and will handle your case.
With or without third parties, these rights have been consistently upheld by the Court of Justice of the European Union – they’re fairly straightforward and generous.
US passenger rights
In the US, there is no federal mandate compensation, no matter how long the flight delay. Passenger recourse is instead governed by the airline’s individual contract of carriage, which is where a lot of the confusion and inconsistency stems from.
Federal regulations only compel compensation in distinct cases, like involuntary denied boarding (14 CFR Part 250) requires payment of up to 400% of the one-way fare (but is capped at $1,550) and it depends on the delay.
Rules also exist for tarmac delays and lost baggage liability though. If you encounter issues with an airline and wish to file a formal complaint, the U.S. Department of Transportation outlines the official complaint process for air travel consumers. They have signaled a shift as they introduced rules last year that require automatic cash refunds for cancelled or significantly altered flights.
Photo by Alexey Starki for Unsplash
The key differences and rights on European flights
The EU/UK system is punitive and compensatory, while the US system is primarily remedial and focused on making the passenger whole on the ticket purchase price after a service failure.
These rights are determined by jurisdiction, not nationality. So, an American citizen on a flight departing from an EU or UK airport (e.g. a non-EU citizen flying from Dublin to Rome) is fully protected by Regulation EC 261. They then hold the same compensation rights as a European national. One the other hand, this is something Europeans need to be cautious of when flying in the US.
Potential for alignment in flight compensation?
While alignment between the US and EU/UK is unlikely, natural alignment may occur as the US begins introducing more legislation. In either case, passengers can expect to wait weeks, if not months, for their compensation to finally come through, with many airlines using stalling tactics as a way for passengers to give up.
In conclusion, understanding your air passenger rights is crucial for any traveller. While Europe and the UK offer robust, clear, and compensatory frameworks for flight disruptions, the US system is more fragmented and relies heavily on individual airline policies, though it is showing signs of evolution. Regardless of your destination, knowing which regulations apply to your flight based on its departure point, rather than your nationality, can significantly impact your ability to seek recourse. Staying informed and, if necessary, seeking assistance from third parties, can help ensure you receive the compensation and care you are entitled to when faced with travel disruptions.
