Flight delayed? Are you entitled to compensation?

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Is your flight delayed or cancelled? You may be entitled to compensation from the airline. Knowledge is power. Don’t let this event ruin your morale knowing that you may be entitled to compensation. You could get up to CA$1000 per passenger!

First, you need to determine what laws and charters apply to your trip.

For example, domestic Canadian flights are subject to Canadian Air Passenger Protection Regulations. But a flight from Montreal to Paris is also subject to Eurozone rights.

I was even surprised to find that air passenger rights (Eurozone) also applied as soon as a stopover was planned there.
So, a Montreal – Baku flight with a stopover in Frankfurt can be compensated under Canadian regulations or air passenger rights (Eurozone) even if the origin and destination are not in the Eurozone.

So each airport used for the journey can add to the compensation choices. So one can choose the best compensation to claim.

There are specific features (length of delay, total distance of the journey, large or small carrier, whether accommodations have already been offered).

Canadian Air Passenger Protection Regulations

The Air Passenger Protection Regulations (SOR/2019-150) apply to both small and large carriers. (An airline is considered a large carrier if it has carried two million or more passengers in the previous two years.)

Typically, refunds are issued using the original method of payment to the person who purchased the ticket.

Compensation for flight delay or cancellation

Delay in arrivalLarge carrierSmall carrier
3h or more400$CA125$CA
6h or more700$CA250$CA
9h ou plus1000$CA500$CA

Compensation for denied boarding

Denied boarding occurs when a passenger cannot occupy a seat on a flight because the number of seats that can be occupied is less than the number of passengers who have checked in at the required time, have a confirmed reservation and valid travel documents, and are present at the boarding gate at the scheduled time for their boarding. In short, “Overbooking”.

Delay in arrivalPlanned compensation
Less than 6 hours900$CA
6h or more1400$CA
9h ou plus2800$CA

The Air Passenger Protection website “Know Your Rights” is a goldmine on this subject.

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Air Passenger Rights (EURO Zone)

EU rules on air passenger rights apply:

  • whether your flight is within the EU and operated by an airline established in the EU or outside the EU;
  • if your flight arrives in the EU from a non-EU country and is operated by an EU airline;
  • if your flight departs from an airport in the EU to a country outside the EU and is operated by an airline established in the EU or outside the EU;
  • if you have not already received benefits (compensation, re-routing or assistance from the airline), in accordance with the applicable legislation of a non-EU country, for problems related to a flight during the trip concerned.

Compensation for delay in arrival

Distance of the journeyAmount
Up to 1,500 km250€
More than 1,500 km within the EU and all other flights between 1,500 and 3,500 km400€
More than 3,500 km600€

If the airline offers you re-routing and you reach your final destination with a delay of 2, 3 or 4 hours, the compensation may be reduced by 50%.

More details here: Air passenger rights – Your Europe (europa.eu)

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Peruvian Charter

Under the Peruvian Air Passenger Rights Charter, you should be entitled to compensation for delays or cancellations.

Between 2 and 4 hours late

A snack and a means of communication must be provided to you on site

Between 4 and 6 hours late

A snack, a means of communication and a meal (according to the schedule) must be provided to you on site

More than 6 hours late

You must be provided with a snack, a means of communication, a meal (depending on the schedule), a minimum compensation equivalent to 25% of the journey involved, a place to sleep and rest as well as round-trip transportation between the airport and the airport.

More details here: Derechos de los Pasajeros en el transporte aéreo (indecopi.gob.pe)

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There are others depending on the countries and areas traveled but these are the ones I know.

Although it can be tedious, time-consuming and painful to assert your rights, it is important to do so. Airlines owe you and without the various claims for compensation, they will not change the way they operate to the detriment of travelers.