Air travel, while making our journeys easier, can sometimes be a source of inconvenience: delays, cancellations, baggage problems or, more rarely, incidents resulting in personal injury. Fortunately, passengers are not helpless. A set of international and European rules govern airline liability and define passengers' rights. This article provides an overview of these protections to help you better understand your possible remedies.
The main principles of air passenger protection
Air passenger protection is based on two main pillars which define the obligations of carriers and the rights of passengers at international and European level.
The importance of international conventions (Montreal)
The 1999 Montreal Convention (successor to the Warsaw Convention) establishes a uniform legal framework for air carrier liability for damage caused to passengers, baggage and cargo during international carriage.. In particular, it introduces specific liability regimes for delays, loss of or damage to baggage, and personal injury sustained on board or during embarkation and disembarkation operations.. For Understanding the details of the Montreal Conventionincluding its compensation ceilings and conditions of application, is essential for assessing your rights.. It also applies to specific liability for goods transported by air.
The key role of European regulations (EC 261/2004)
Within the European Union (and for flights to or from the EU operated by European airlines), Regulation (EC) No 261/2004 supplements the Montreal Convention. It offers enhanced protection to passengers in the event of denied boarding (overbooking), cancellation or long delay of flights. This regulation not only requires airlines to provide assistance (refreshments, meals, accommodation if necessary, means of communication), but also gives passengers the right to flat-rate compensation under certain conditions, irrespective of the material loss they have actually suffered.
Delays, cancellations, overbooking: what are your rights to compensation and assistance?
Flight disruptions are frequent and particularly frustrating. European Regulation 261/2004 offers specific remedies.
Summary of lump-sum compensation conditions
If your flight is cancelled without sufficient notice (less than 14 days before departure) or if you are denied boarding against your will (overbooking), you may be entitled to flat-rate compensation. The amount depends on the distance of the flight:
- 250 for flights of up to 1,500 km.
- 400 for intra-Community flights over 1,500 km and for all other flights between 1,500 and 3,500 km.
- 600 for all other flights over 3,500 km.
European case law (the CJEU's Sturgeon ruling) has extended this right to compensation to include long delays on arrival: a delay of 3 hours or more at the final destination gives the right to the same compensation as a cancellation, unless the airline proves that the delay is due to extraordinary circumstances (extreme weather conditions, security risks, unforeseeable external strikes, etc.).
Companies' obligation to provide assistance
Whether or not you are entitled to lump-sum compensation, the airline has an obligation to provide assistance if a flight is significantly delayed (by more than 2, 3 or 4 hours, depending on the distance), cancelled or denied boarding. This assistance includes:
- Plenty of refreshments and meals, given the waiting time.
- Two free telephone calls, telexes, faxes or e-mails.
- Accommodation and transport from the airport to the hotel if you are waiting one or more nights.
In the event of cancellation or denied boarding, the airline must also offer you the choice between reimbursement of your ticket (within 7 days) or re-routing to your final destination under comparable conditions and as quickly as possible.
Baggage problems: what to do in the event of loss, damage or delay?
The management of checked baggage is mainly governed by the Montreal Convention..
Reminder of essential procedures and deadlines
If you have a problem with your baggage on arrival (damage, delay or loss), you need to act quickly:
- Immediately report the problem to the airline's baggage claims counter or its representative at the airport, and fill in a PIR (Property Irregularity Report) form. This is not the official claim, but it is essential proof.
- Then submit a formal written claim to the airline within the strict time limits laid down in the Montreal Convention: 7 days from receipt in the case of damage, and 21 days from the date on which the baggage should have been delivered in the case of delay (this time limit also applies to permanent loss, which is considered to be a prolonged delay). Failure to comply with these time limits may result in the loss of your rights.
Overview of limits of liability
The carrier's liability for checked baggage is capped by the Montreal Convention at 1,288 Special Drawing Rights (SDR) per passenger (approximately €1,600, which varies according to exchange rates).. This ceiling covers loss, damage or delay. To obtain higher compensation, you would have to prove gross negligence on the part of the airline or have made a special declaration of interest in delivery at check-in (for an additional fee). In the case of cabin baggage, the airline is only liable if it can be shown to be at fault..
Bodily injury in flight: the carrier's liability regime
Although rare, in-flight accidents or incidents can cause bodily harm to passengers.
Automatic liability (quasi no-fault)
The Montreal Convention establishes a so-called "objective" or quasi no-fault liability regime for bodily injury occurring on board the aircraft or during boarding/disembarkation operations.. Up to 128,821 SDRs per passenger (approximately €160,000), the airline cannot be exempted from liability unless it can prove fault on the part of the victim.. It is therefore automatically obliged to compensate the loss suffered within this limit.
Damages eligible for compensation
Above the limit of 128,821 SDRs, the company remains liable without limit, but it can try to exonerate itself by proving that it committed no fault or negligence, or that the damage resulted from the fault of a third party.. The losses that can be compensated cover all areas of loss recognised under French law (health expenses, cosmetic loss, suffering, loss of amenity, professional impact, etc.), including the moral and economic losses suffered by beneficiaries in the event of death..
When and how to take action against an airline?
If an amicable approach with the company is unsuccessful, legal action may be considered, but specific time limits and jurisdictional rules apply.
The limitation periods to be aware of
The time limit for bringing a liability claim against an airline, whether for a delay, cancellation, baggage problem or personal injury, is set by the Montreal Convention at 2 years.. This period runs from the date of arrival at the destination, or from the scheduled date of arrival, or from the date on which transport stops.. It is essential to know the deadlines for taking action beyond which the action is inadmissible.
The competent courts
The Montreal Convention offers the claimant a choice as to the competent court. The action can be brought :
- Before the court of the carrier's domicile.
- Before the court of the principal place of business.
- In the court for the place where he has an establishment through which the contract was concluded.
- Before the court at the place of destination.
For personal injury claims, an additional option is available: the court of the State where the passenger has his or her principal and permanent residence at the time of the accident, if certain conditions relating to the company's activities in that State are met.. Navigating between these options and determining the most appropriate jurisdiction can be complex.
Disputes with airlines can be complex because of the tangle of international and European rules, and the strict deadlines that have to be met. If you're having trouble asserting your rights, don't hesitate to Call on a lawyer who is an expert in aviation litigation to assess your situation and defend your interests.
Frequently asked questions
What compensation is available for a flight cancelled less than 14 days before departure?
Depending on the distance of the flight, you may be entitled to flat-rate compensation of €250, €400 or €600 under EC Regulation 261/2004, except in extraordinary circumstances.
How long does it take to claim lost baggage?
You must report the loss on arrival and make a written claim within 21 days of the date on which the baggage should have been delivered, in accordance with the Montreal Convention.
My flight is more than 3 hours late. Am I entitled to compensation?
Yes, if the delay to actual arrival is 3 hours or more and is not due to extraordinary circumstances, you may be entitled to the same flat-rate compensation as in the case of cancellation.
What is the limit of compensation for bodily injury?
The Montreal Convention provides for quasi-automatic liability up to 128,821 SDRs (around €160,000), and beyond that on proof of fault on the part of the company.
How long does it take to take legal action against an airline?
Liability claims must be brought within 2 years of arrival at destination, or of the expected date of arrival, or of the cessation of carriage. Sources and related content
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