No one likes dealing with flight delays or cancellations, whether on a business trip or while on vacation. In addition to ruining plans, these situations raise concerns about passenger rights and the possibility of receiving compensation for inconveniences. Know your rights and know where you can complain if you ever find yourself in a delayed or canceled flight situation.
In the European Union (EU), passenger rights are protected by a regulation that applies to Member States, European Economic Area (EEA) countries and Switzerland. These rules cover several situations: flights departing from and arriving at EU airports (regardless of the airline), flights arriving in the EU from another country and operated by EU carriers, and flights departing the EU with destinations outside the EU. , whether or not it is a European airline.
Rights in case of delayed flights
As stated in , when a flight is delayed, passengers are entitled to assistance, refund or rerouting, depending on the length of the delay and the distance covered by the flight. Furthermore, if the delay is longer than three hours, the passenger may be entitled to compensation, except in situations of force majeure. Compensation varies as follows:
- For flights of up to 1,500 kilometers: R$250, as long as the delay is at least three hours;
- For flights over 1,500 kilometers within the EEA: €400, with the same delay period;
- For flights between 1,501 and 3,500 kilometers: €400, after a three-hour delay;
- For flights over 3,500 kilometers outside the EEA: between €300 and €600 depending on the delay.
Rights in case of flight cancellation
In cases of cancellation, passengers will only be entitled to compensation if they are informed less than 14 days in advance. There are several situations in which a flight is considered cancelled: when it is canceled and replaced by another, when the plane returns to the airport of departure, or when the plane arrives at an airport other than that indicated on the ticket, unless otherwise agreed between the company and the passenger. .
If the cancellation is caused by extraordinary circumstances, such as bad weather or strikes, the company is not obliged to pay compensation. However, in other cases, compensatory amounts vary between €125 and €600, depending on the distance covered by the flight.
Since 2021, a flight that is brought forward by more than an hour is also considered canceled. In these situations, companies are obliged to compensate passengers for the inconvenience caused, with the amount of compensation depending on the distance of the flight.
Overbooking and denied boarding
Overbooking, a practice in which companies sell more tickets than there are available seats, also gives the right to compensation. In these cases, transport companies must look for volunteers who agree to give up their seat in exchange for benefits. If there are no volunteers, companies may refuse boarding to some passengers, who will be entitled to assistance (such as food, accommodation or alternative transport) and financial compensation. The values are similar to those for delayed or canceled flights:
- For flights of up to 1,500 kilometers: between €125 and €250;
- For flights over 1,500 kilometers in the EEA: between €200 and €400;
- For flights between 1,501 and 3,500 kilometers: between €200 and €400;
- For flights over 3,500 kilometers outside the EEA: between €300 and €600.
If the passenger is transferred to another flight and arrives at their destination with just a few hours delay, the prices can be reduced by half.
Extraordinary circumstances
Airlines are not always responsible for delays or cancellations. Cases such as bad weather, strikes, political instability or security risks are considered “extraordinary circumstances” and therefore do not involve payment of compensation. However, in these situations, carriers remain obliged to provide assistance to passengers, such as accommodation, meals or telephone calls, and to guarantee refunds or rerouting to another flight.
It is important to remember that technical or maintenance problems are not considered extraordinary circumstances, so passengers can claim their rights in these cases.
How to claim your rights
Passenger rights must be visible at check-in counters, automatic check-in machines and airline websites. If rights are not respected, the first step is to contact the carrier. If the answer is not satisfactory, you must contact the responsible entity in the country where the problem occurred. In Portugal, it is the National Civil Aviation Authority (ANAC) that regulates passenger rights and supervises carriers.
Find out here where you can complain, depending on the company you fly with:
Passengers must keep all proof of expenses generated by the delay or cancellation, including receipts for meals, accommodation and transport. These documents are essential for requesting refunds or compensation and ensuring that your rights are respected.
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