1. Comprehensive Air and Baggage Passenger Rights
At JusTravel, we are dedicated to ensuring that you, as an air traveler, are well-informed about your rights. Whether you encounter flight disruptions or baggage issues, we strive to help you secure the compensation and support you deserve. Here's a detailed breakdown of your rights and how we can assist you in claiming what you're entitled to.
1.1 Air Passenger Rights
1.1.1 What Are Air Passenger Rights?
Air passenger rights consist of laws designed to protect travelers when they face flight disruptions. These regulations vary by country but often include compensation for delays, cancellations, denied boarding, and baggage issues.
1.1.2 Key Regulations
European regulations through EC 261/2004: A comprehensive EU regulation that mandates compensation for flight delays, cancellations, and denied boarding.
US Regulations: Address issues like overbooking, tarmac delays, and Baggage problems.
International regulations through the Montreal Convention: International treaty covering damages for delayed, canceled flights, and baggage issues.
Brazil’s ANAC 400: Protects passengers flying in Brazil, offering compensation and care during disruptions.
1.2 Your Rights Under EC 261/2004
1.2.1 Scope of Coverage
EC 261 applies to:
Flights departing from an EU airport.
Flights arriving at an EU airport on an EU carrier.
1.2.2 Compensation
You may be entitled to compensation up to €600 depending on the flight distance and delay duration. Compensation applies to:
Flight delays of 3 hours or more.
Flight cancellations with less than 14 days' notice.
Denied boarding due to overbooking.
1.2.3 Extraordinary Circumstances
Airlines are not required to pay compensation for disruptions caused by extraordinary circumstances, such as severe weather, political instability, or security risks. However, they must take reasonable measures to prevent delays.
1.2.4 Additional Rights
Right to Care: Meals, refreshments, accommodation, and communication access during delays.
Right to Reimbursement or Re-routing: Full or partial ticket refund and a return flight to the departure point if the delay exceeds five hours.
1.3 US Air Passenger Rights
1.3.1 Denied Boarding
If you are denied boarding due to overbooking, you could receive up to $1,350 in compensation.
1.3.2 Tarmac Delays
US regulations mandate that passengers on delayed tarmac flights must be provided with essential services such as water, food, and access to restrooms.
1.3.3 Baggage Issues
Passengers on US domestic flights can claim compensation for delayed, damaged, or lost baggage up to $3,800.
1.4 International Rights: The Montreal Convention
1.4.1 Scope of Coverage
The Montreal Convention applies to international flights between member countries, covering:
Flight delays.
Flight cancellations.
boarding denials.
Baggage damage, delays, and losses.
1.4.2 Compensation
Passengers can claim for damages, including costs incurred due to flight disruptions and baggage issues. There are strict time limits for filing claims:
- 7 days for damaged baggage.
- 21 days for delayed baggage.
- 2 years for lost baggage.
1.5 Brazil’s ANAC 400
1.5.1 Scope of Coverage
ANAC 400 covers flights:
Within Brazil.
Departing from or arriving at a Brazilian airport.
Issued in Brazil.
1.5.2 Compensation
- Up to $1,800 for flight delays and cancellations.
- Up to $690 for denied boarding.
1.5.3 Right to Care
Passengers must be provided with:
- Access to communication after 1 hour of delay.
- Meals after 2 hours of delay.
- Accommodation and transportation after 4 hours of delay.
1.6 Your Rights for Baggage Issues
1.6.1 Delayed Baggage
You can claim compensation for essential items purchased while waiting for delayed baggage.
1.6.2 Damaged Baggage
Report any damage to the airline immediately to receive compensation for repairs or replacement.
1.6.3 Lost Baggage
If your baggage is lost, you can claim compensation for the value of your belongings.
1.7 How to Exercise Your Rights
1.7.1 Document Everything
Keep your boarding pass and any receipts for expenses incurred due to disruptions.
Request written explanations from the airline for delays or cancellations.
1.7.2 Contact JusTravel
Use our online tools to check your eligibility for compensation.
our team of experts will assist you in filing claims and negotiating with airlines.
1.7.3 Time Limits for Claims
Be aware of the time limits for filing claims:
EC 261: Varies by country, typically 1 to 6 years.
US Regulations: Generally 2 years.
Montreal Convention: 2 years for baggage issues.
ANAC 400: 5 years for domestic flights, 2 years for international flights.