Compensation and/or assistance to passengers in case of denied boarding, cancellation or long delay of flight under REGULATION (EC) No 261/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
Passenger rights include:
- specific rights for disabled persons and persons of reduced mobility;
- the right to information;
- the right to reimbursement or re-routing in the event of cancellation and the right to reimbursement in the event of delays of 5 hours or more
- the right to assistance and, under certain circumstances, the right to compensation in the event of long delay, cancellation or denied boarding;
- responsibility in the event of long delay, death or injury and mishandled baggage;
- the right to complain.
The Montreal Convention sets out airlines' liabilities for passengers and their baggage. It applies to international travel only. But many countries have similar legislation for domestic travel. And it applies for any journey within the EU (including domestic journeys within a single Member State), because its provisions have been replicated in EU legislation - Regulation (EC) 889/2002.
Unfortunately, baggage does not always arrive at its intended destination. Or, if it does, it might turn up damaged or with something missing. When this happens, an airline is liable for the damage under the Montreal Convention. But the Convention puts a maximum limit on the airline's liability of 1,000 Special Drawing Rights (SDRs) per passenger.
In the event of lost, damaged or delayed luggage, you are entitled to compensation limited to +/- 1220€).
The Montreal Convention states that claims should be made to an airline in writing within specified time limits.
The time limits are:
damaged baggage - seven days from the receipt of the bags
delayed baggage - twenty-one days from delivery
lost baggage - no time limit specified in the Convention (we advise making the complaint as soon as possible after the bag has been missing for twenty-one days or after the airline has declared the bag lost if sooner).
Your claim should be addressed to the air carrier or to the operating carrier in case that they are different.
According to EU legislation, air fares and rates shall include the applicable conditions when offered or published in any form. The final price to be paid at all times is to be indicated and shall include the applicable air fare, as well as applicable taxes, and charges, surcharges and fees which are unavoidable and foreseeable at the time of publication. The breakdown between the fare, the taxes, the airport charges and finally the other charges, surcharges and fees shall be specified. Optional price supplements shall be communicated in a clear, transparent and unambiguous way at the start of any booking process and their acceptance by the customer shall be on an "opt-in" basis.
Airlines have a legal obligation to inform you about your rights and how to making a complaint
What should you do if the airline does not fulfil its obligations?
- You should first contact the airline or the airport, if appropriate.
- In case if you are not satisfied with the reaction of these entities, you can receive more information about your rights and about how to complain to the National Enforcement Bodies (NEB), on the web site of the European Commission: http://ec.europa.eu/transport/passengers/air/air_en.htm.
- You may also file a complaint by contacting the National Enforcement Body and by filling in an online complaint form (if available) on their web site. Alternatively a complaint form on the Commission web site may be used and sent to the competent NEB (not to the Commission).
NOTE: Complaints should in principle be filed in the country where the incident took place.
More information at: http://ec.europa.eu/passenger-rights
or via Europe Direct
00 800 6 7 8 9 10 11*
* Certain mobile telephone operators do not allow access to 00 800 numbers or these calls may be billed
In case of issues related to lost, delayed and/or damaged luggage, you may wish to contact the European Consumer Centre (ECC) in your country:
You can also find the contact details of the National Consumer Organizations at: