Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (2024)

Business

Many Canadians are unaware that they can collect compensation right now if they're delayed on a flight for three hours or more, departing from Europe.

Even when the Canadian rules kick in, passengers might get more money for a delayed flight under EU rules

Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (1)

Sophia Harris · CBC News

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Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (2)

Canadians are eagerly waiting for Dec. 15, when —under Canada's new air passenger regulations — airlines must start doling out compensation for delayed and cancelled flights.

But, unbeknownst to many Canadians, passengers can actually get compensation right nowif they're delayed on a flight departing from Europe, courtesy of European Union regulations.

Isabel Freire of Toronto recently filed a claim for her ex-husband and two children after they were delayed for about three hours on a WestJet flight from London to Toronto. Last month, WestJet paid the three family members more than $2,500 total in compensation.

"I was pretty happy," said Freire. "Do your due diligence in terms of being aware of your rights," she advises.

Those EU rights will still be relevant when the Canadian rules for delayed flights take effect next month. That's because the EU regulations may cover a broader range of flight delays and, in some cases, net Canadians more cash.

Which rules pay more?

The first phase of Canada's air passenger regulations took effect on July 15. Covering all flights to, from or within Canada, the rules provide for up to $2,400 in compensation for passengers bumped from overbooked flights.

On Dec. 15, more regulations will be added, including rules that large airlines — such asAir Canada, WestJet and Air Transat —must pay between $400 and $1,000 for applicable flights when passengers are delayed by three hours or more in reaching their final destination.The mandated amount for smaller airlines, such as Swoop, will range from $125 to$500.

Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (3)

For years, EU regulations have set out compensation rules which cover delays on flightswithin, to and from Europe. However, the rules exclude non-EU airlines travelling to the continent.That meanspassengers are covered when flying from Europe to Canada on a Canadian airline, but not from Canada to Europe. However,passengers are covered in both directions when flying onEuropean airlines such as KLM or British Airways.

Under the EU rules, passengers can collect between €250 and €600 ($366 and $880)whenthey'redelayed by three hours or more in reaching their final destination.Typically, the longer the flight, the bigger the payout.

Passengers can choose which regulations— Canadian or European—they want to apply to their case and that may require some research.

In some cases, the EU rules are more lucrative compared to the Canadian rules and vice versa. For example, a passengerdelayed by five hours when flying from London to Toronto would collect $400 under the new Canadian rules or $880 under EU regulations. But if the passengerwasdelayed for morethan nine hours, the Canadianrules would net the highest payout: $1,000.

What aboutmechanical problems?

In some cases,passengers may have a better chance of scoring compensation under the EU rules. The Canadian regulations state that airlines don't have to pay compensation for flights that are delayed due to uncontrollable factors such as bad weather, or mechanical problems discoveredoutside of routine maintenance checks.

Air passenger rights expertChristian Nielsen said mechanical issues are a common reason for delays, so thatrulewill exclude manydelayed flightsfrom being applicable for compensation.

"It's a huge caveat,"said Nielsen, chief legal officer with AirHelp,a Berlin-based company that pursues compensation claims for passengers and charges a fee if it's successful.

Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (4)

Nielsen said EU compensation rules also exclude flight delays caused by uncontrollable factors, however, they require airlines to pay up for delays caused by most mechanical issues.

"[Canadians] are better protected under EU law."

  • 'This is really upsetting': Inconvenienced airline passengers struggle to get compensation under new rules

But in order for Canadians to take advantage of thoseregulations, they need to know that they exist.

"Your ability to file a claim requires that you know you have rights," said Nielsen.

He said his company has served thousands of Canadian customers and they'reoften surprised when they receive compensation under EU rules.

"Some of them believe it's too good to be true."

Right to know

Freire of Toronto said her ex-husband had no idea that he and their two childrenwere entitled to compensation after their flight from London to Toronto was delayed. Because she was aware, she filed a claim and WestJet paid out €600 per passenger.

Freire said WestJet should have informed passengers on the delayed flight of their rights.

"Companies have to be transparent and they have to respect their customers."

Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (5)

According to the EU rules, airlines must post information about EU passengers rights both online and at check-in, and delayed passengers must receive a written notice detailing their rights to compensation.

WestJet told CBC News that it complies with the EU rules and, in the case of the delayed London to Toronto flight in question, information flyers were distributed at the check-in area.

  • New rules lay out rights of Canadian airline passengers. Here's the list

Freire said her ex-husband checked in online and received no information about compensation. But she did say that when she filed her claim, collecting the cash was easy.

"It's like they were expecting us."

Air Canada told CBC News that it complies with all EU rules for notifying passengers. Air Transat also said it follows the rules, but didn't indicate if it provides delayed passengers with written information about their rights.

ABOUT THE AUTHOR

Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (6)

Sophia Harris

Business reporter

Based in Toronto, Sophia Harris covers consumer and business for CBC News web, radio and TV. She previously worked as a CBC videojournalist in the Maritimes where she won an Atlantic Journalism Award for her work. Contact: sophia.harris@cbc.ca

Corrections and clarifications|Submit a news tip|

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  • 'This is really upsetting': Inconvenienced airline passengers struggle to get compensation under new rules
  • New rules lay out rights of Canadian airline passengers. Here's the list
  • Air Canada, WestJet, Air Transat, Porter hit with $45K in fines for violating new passenger protections
Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News (2024)

FAQs

Little-known EU passenger rights can mean big cash for Canadians on delayed flights | CBC News? ›

Under the EU rules, passengers can collect between €250 and €600 ($366 and $880) when they're delayed by three hours or more in reaching their final destination. Typically, the longer the flight, the bigger the payout.

What are the rights of passengers being delayed in the EU? ›

If your flight is delayed for two hours or more at departure, the airline must offer you care (meals and refreshments and, if necessary accommodation). If this delay means that, you arrive at your final destination with a delay of more than 3 hours you may also be entitled to financial compensation.

Can I claim EU compensation for a delayed flight? ›

Certain EU/UK-regulated flights are eligible for compensation at a set rate under the UK/EU flight delay compensation scheme. To qualify, your flight needs to check all the following boxes: You arrived at your destination more than three hours later than scheduled.

What are a passenger rights if flight is delayed? ›

According to the DOT, if your flight is “significantly” delayed, you may be entitled to a refund. Unfortunately, the agency does not define how long a significant delay is. Instead, it allows customers to file complaints to determine refund eligibility on a case-by-case basis.

What are my rights if my flight is delayed Air Canada? ›

If you're a passenger whose flight was cancelled or delayed because of a situation within our control, and you arrive at your original destination with a delay of three hours or more, you'll be entitled to receive compensation for delays and cancellations from Air Canada (unless you are informed of the cancellation or ...

Can I claim a flight refund and compensation? ›

Passengers can receive both a refund of an airline ticket and compensation for the cancellation, provided that their flight qualifies for compensation. To qualify, the airline must have let you know about the flight cancellation less than 14 days before it was due to depart.

What are my rights in EU if my flight is Cancelled? ›

According to EC 261/2004, the airline must give you at least 14 days' notice of a cancelled flight. If your flight is cancelled later than this, you're entitled to an alternative flight with the same airline. If this isn't provided, you qualify for a full refund. However, in either case, you can claim compensation.

Can I claim compensation for a delayed international flight? ›

Unless the delay is due to extraordinary circ*mstances (like adverse weather, security risks, political instability, etc), you will be entitled to compensation if your flight arrives at your destination three or more hours later than scheduled. The longer your flight, the more compensation you will be entitled to.

What happens if an airline refuses to pay compensation? ›

If the ADR body or CAA cannot help with your claim, or you wish to pursue a different course of action, you could take your airline to court.

What is the statute of limitations for EU flight delay compensation? ›

If you suffered from a flight delay in Europe, there are time limits you need to be aware of. Under EU Regulation 261/2004, you can make a claim if your flight was delayed for 3 hours or more. But that's not all – you also have to file your claim within 3 years of the date of departure.

How to get money from airlines for delays? ›

To receive compensation, you must file a claim with the airline for the delay, and the delay must have been caused by a factor within the airline's control (so a weather delay wouldn't count).

How long can a delayed flight be to compensate you? ›

Delayed flights: you may be able to claim compensation if your flight arrived 3 hours or more late. Canceled flights: you may be eligible for compensation if your flight was canceled less than 14 days before it was due to depart.

Can you sue an airline for delaying your flight? ›

Generally, yes you can sue an airline in small claims court. The U.S. Department of Transportation (“DOT”), which is a federal agency that regulates airlines operating in the U.S, even publishes a Consumer's Guide to Small Claims Court.

How much is Air Canada 3 hour compensation? ›

In the case of large airlines like Air Canada — including its subsidiaries Jazz and Rouge — the delay compensation is as follows: $296 ($400 Canadian dollars) for arrival delays between three and six hours. $519 ($700 Canadian dollars) for arrival delays between six and nine hours.

Can you claim compensation for a delayed flight? ›

This depends on what caused the delay – if it wasn't the airline's fault, don't expect to receive any compensation. Disruptions caused by things like extreme weather, airport or air traffic control employee strikes or other 'extraordinary circ*mstances' are not eligible for compensation.

How late does a flight have to be to get compensation Canada? ›

Airlines must provide compensation for the inconvenience of flight cancellations and flight delays of 3 hours or more and if the disruption is within their control and not related to safety, and if the airline notified you of the disruption 14 days or less in advance.

What are EU passenger rights Regulation 261? ›

The EU regulation 261/2004 is concerned with the following: It is intended for passengers who suffer delayed or cancelled flights, overbooking or denied boarding. Depending on the circ*mstances, and subject to certain conditions, it may give rise to a claim for compensation of between €250 and €600 per person.

What is the EU law for delayed baggage compensation? ›

You can receive up to €1,620 for lost, delayed, and damaged baggage. Your baggage rights are covered under the Montreal Convention. If your wheelchair or other mobility equipment are lost or damaged while being handled at the airport or transported on an aircraft, you are entitled to compensation.

How long can a flight be delayed before compensation international? ›

Claiming Compensation for Flight Delays and Cancellations

Delayed flights: you may be able to claim compensation if your flight arrived 3 hours or more late. Canceled flights: you may be eligible for compensation if your flight was canceled less than 14 days before it was due to depart.

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