Air travelers in Europe have significant international air travel rights unknown in the US with respect to airline delays and damaged luggage contents. However, if passengers are not aware of their rights, they may not have enough information to even ask.,
When flying between Europe and the US, passengers have more international air travel rights For delayed flights and compensation for damaged baggage. However, passengers need to know their rights to claim significant compensation.
1. Application of EU delay rules (from US to Europe)
For travelers flying from the US to Europe, the rules are irregular. Those flying on US carriers do not receive any compensation under this rule. However, for passengers on European airlines, these compensation rules apply in full force, even for passengers flying with a US airline codeshare. It depends on the actual aircraft.
In other words, if a passenger is flying on an Air France ticket with an Air France flight number but is traveling on a Delta Airlines aircraft, he or she will not require any compensation. However, if the passenger was flying on an Air France aircraft with a Delta Air Lines ticket and flight number, compensation would be required in accordance with international air travel rights.
These international air travel rights can mean up to 600 euros (about US$680 at the time of publication) in compensation for a transatlantic flight if the delay is three hours or more. Additionally, the airline is required to pay for meals, hotel accommodations, and phone calls.
2. Application of EU delay rules (Europe to USA)
In Europe, everything is straightforward and any delayed flights fall under the same rules. The distinction between code-share flights and operating carriers is eliminated and the lack of compensation from US carriers is eliminated. All airlines are liable for delays and cancellations.
Like the rules on delays from the US to Europe, if the delay is three hours or more, this could mean up to 600 euros in compensation for a transatlantic flight. Additionally, the airline is required to pay for meals, hotel accommodations, and phone calls.
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Here are the underlying compensation rules for travelers in the EU when it comes to international air travel rights.
Its application varies depending on where and when travelers are going, but it is important and consumer-friendly. This is the basic compensation package that applies to all EU rules dealing with delays.
Where reference is made to this Article, passengers shall receive compensation in the amount of:
(a) 250 euros for all flights of 1500 kilometers or less;(b) EUR 400 for all intra-Community flights exceeding 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not covered under (a) or (b).
The basis for determining the distance will be the final destination where denial or cancellation of boarding would delay the passenger’s arrival beyond the scheduled time.
When passengers are offered to re-route to their final destination in accordance with Article 8 on an alternative flight whose arrival time does not exceed the scheduled arrival time of the originally booked flight
(a) up to two hours in respect of all flights of 1500 kilometers or less; Or(b) up to three hours in respect of all intra-Community flights exceeding 1500 kilometers and all other flights between 1500 and 3500 kilometers; Or
(c) up to four hours, in respect of all flights not falling under (a) or (b).
The operating air carrier may reduce the compensation provided for in paragraph 1 by up to 50 percent.
The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank order or bank check or with the passenger’s signed agreement, travel vouchers and/or other services.
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Article 9: Right to customer service
Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments having reasonable regard to waiting time;(b) Hotel accommodation in cases
– where it becomes necessary to stay one or more nights, or
– Where additional stopover beyond the intended destination of the passenger becomes necessary;(c) Transportation between the airport and the place of accommodation (hotel or other).
In addition, passengers will be offered two telephone calls, telex or fax messages or e-mails free of charge.
The fine print also explains what notifications are required and what other compensation measures are in place. See the chapter on travel rights on EU rules for more information.
3. Montreal Convention
The Montreal Convention international air travel rights are even stronger for delays. However, they should be tried in court rather than by aviation authorities. Compensation under these compensation rules can amount to approximately $7,000 When tours are missed and business meetings cannot be held. The best way for general travelers to make these claims is through airhelp.com.
4. Baggage lost, delayed or damaged
Here, EU rules are a double-edged sword. Total compensation is governed by the Montreal Convention, which means lower overall compensation – $3,500 for domestic travel versus approximately $1,700 for international travel. However, all items packed in a checked suitcase are covered, even delicate items like cameras and computers. According to international air travel rights, high-value items cannot be excluded from the claim.
To file a claim against airlines or for questions about the specifics of these EU rules and regulations, contact airhelp.com.
Photo by JESHOOTS.COM on Unsplash
Charlie Leocha is president of Travelers United. He has been in Washington, DC for the past 14 years working with Congress, the Department of Transportation and industry stakeholders on travel issues. He was the first consumer representative on the Aviation Consumer Protection Advisory Committee appointed by the Secretary of Transportation from 2012 to 2018.



