Flight delays, flight cancellations, lost luggage, tarmac delays and getting booted off an overbooked flight are just a few of our least favorite things about traveling. And, unfortunately, they have become all too common occurrences thanks, in large part, to the COVID-19 pandemic.
These occurrences can thwart even the best-laid travel plans and often leave travelers feeling resentful and powerless. Thankfully, a client’s travel advisor can help with rebooking and other travel-related changes.
But what if travelers could also seamlessly receive compensation the next time their flight was canceled or delayed?
While U.S. airlines are not legally required to provide compensation for such inconveniences, a European law does require that travelers experiencing qualifying challenges receive payment. And flight compensation company, AirHelp , makes receiving this compensation — of up to $700 — easy for U.S. travelers who qualify. (If AirHelp is successful, the company takes 35% of the compensation.)
Here, Rosa Garcia, legal tactician at AirHelp, explains what sort of travel issues do and do not qualify under the law, and how AirHelp can help disgruntled travelers collect compensation.
What are common misconceptions American travelers have regarding their rights to compensation on flights?
Many Americans don’t realize that they are protected by European laws in the case of disruptions on international flights. Instead, they believe that because U.S. national law does not offer much protection for avoidable travel disruptions, they are unable to seek compensation or support.
Many Americans don’t realize that they are protected by European laws in the case of disruptions on international flights.
What would need to happen for an American traveler to receive compensation?
Under European law EC 261, travelers are eligible for up to $700 per person in compensation from the airlines for avoidable flight disruptions including: delays over three hours, cancellations or denied boarding due to overbooking.
Because it’s a European law, only flights that departed from the EU or are on an EU carrier are covered. In these instances, travelers can claim compensation for up to three years after the incident. It’s important to note that disruptions caused by extraordinary circumstances out of the airline’s control (such as weather conditions or political unrest) are not covered.
Are there any other specifics that travelers need to know?
For delays for flights eligible under EC 261, all travelers could be entitled to up to $700 if they arrived at their destination more than three hours later than planned.
What about flight cancellations?
In instances of a cancellation, travelers can claim up to $700 if a flight was canceled within 14 days of departure; if a replacement flight’s new arrival time was significantly different to the original flight; and if the reason for the cancellation was within the airline’s control.
What can travelers do if they are bumped from an overbooked flight?
In instances of overbooking, travelers are eligible for compensation if they did not volunteer to give up their seat and if the reason they were denied boarding was beyond their control. If they were late or lost their boarding pass, for example, they aren’t eligible for the $700.
Why should travelers avoid vouchers when they are offered?
If travelers are denied boarding, they should not volunteer their seat in exchange for perks or a voucher. If they do, they could be giving up their right to any additional compensation. Of course, if the airline makes a compelling enough offer, they may prefer to take it. The final decision is up to the traveler, but weigh the pros and cons against the compensation you could be eligible to claim.
Rosa Garcia of AirHelp
Credit: 2022 AirHelpWhat about instances when travelers are stuck on the tarmac for hours? Is there any legal recourse in the U.S.?
According to U.S. law, any tarmac delay of two hours or more requires special attention. For delays of two hours, passengers must be provided food, water operational lavatories and medical care (if needed). With a tarmac delay of three hours (or four hours for international flights), passengers must be given the option to deplane.
With a tarmac delay of three hours (or four hours for international flights), passengers must be given the option to deplane.
Globally, there are not many laws protecting passengers on tarmac delays, but when on U.S. soil, make sure to exercise your rights and ask for the reason for the delay. Seeking compensation for a tarmac delay can be tricky since the airline's guidelines and procedures are dependent on the specific reasoning for the tarmac delay and are determined on a case-by-case basis; however, travelers should always be given water and food.
What are the proper steps in the case of delayed or lost luggage?
The laws regarding lost or delayed luggage on domestic U.S. flights and European flights differ, so travelers should keep this in mind.
In the U.S., travelers can claim up to $3,500 for luggage issues and if their luggage doesn’t arrive to their destination when they do, they should hold onto their boarding pass and luggage receipt, let the airline know as soon as possible, fill out a Property Irregularity Report, request a bag fee rebate, keep receipts (if they have to replace any necessary items) and file a claim with the airline.
Most airlines require that claims be made no later than 45 days from the date of the flight, even if the bags have not arrived yet. Again, this varies from one carrier to the next, so check the airline’s policy online.
For European flights, the process is similar — but in the EU, claims must be filed within 21 days.
Is it difficult for a traveler to file their own claim? Or for a travel agent to file a claim on behalf of the traveler?
While it’s fully within your rights to claim compensation, it could take a long time for airlines to respond to your claims. And that’s the reason AirHelp was launched — to help travelers exercise their rights to compensation under EC 261. Through our app and website, we help travelers file claims seamlessly so they can get the compensation they are entitled to receive.
How long does it typically take to file a claim, get a response and receive compensation?
AirHelp strives to make the process as smooth as possible on behalf of passengers, and once the payment has been received by the airline, it is sent to the customer very quickly.
The time to receive a response from the airline, however, varies depending on their capacity to handle claims in a timely manner. Some airlines reply within weeks, others we will need to pursue for months. On some occasions, the case may be brought to court, which will have a large influence on the time it takes to receive compensation.
What are some other benefits of filing a claim with a company such as AirHelp?
AirHelp takes the paperwork away from you and handles the entire claim process on your behalf so that you don’t have to worry about any step of the process. AirHelp is a global company with local knowledge in each country where it operates, so we can support consumers beyond borders, no matter where you are located. And AirHelp has a lot of information and data that is not widely accessible and that supports us in filing claims.
Our years of experience in handling these claims, plus the support of expert lawyers specializing in defending people’s air travel rights, means we’re more likely to achieve a successful result.
Also, a number of claims will require legal action. We’re prepared to take airlines to court to demand what the passenger is rightfully entitled to. Very few individuals have access to lawyers of their own, and it could get really costly.
We’re prepared to take airlines to court to demand what the passenger is rightfully entitled to. Very few individuals have access to lawyers of their own, and it could get really costly.
Anything else travel agents need to know about this service, and how it can make them a better advisor to their clients?
We’re very passionate about what we do and combined with our international expansion and tech skills, we've been able to scale the company very quickly.
We are also working on a number of new products and keep developing the best possible service, such as by introducing AirHelp+, our subscription service.
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