Flight disruptions are a frustrating part of modern travel. When your flight faces delays or, worse, cancellations, knowing your rights is crucial. Specifically, when it comes to Air Travel Cancellations, many passengers are unaware that they might be entitled to compensation. This guide breaks down your rights to compensation for flight cancellations and significant delays, ensuring you know what you deserve when air travel plans go awry.
Are you eligible for compensation? Regulations stipulate that airlines must compensate passengers for the inconvenience of flight cancellations and flight delays lasting 3 hours or more. However, this is conditional. The disruption must be within the airline’s control and not due to safety-related issues or extraordinary circumstances (like severe weather, political instability, etc.). Furthermore, to be eligible for compensation, the airline must have notified you about the cancellation or delay 14 days or less before your scheduled departure.
The amount of compensation you can claim depends on the duration of the delay upon arrival at your final destination and the size of the airline operating the flight.
Compensation Amounts: What Airlines Owe You
Compensation amounts are tiered based on the length of the delay. Regulations typically differentiate between “large” and “small” airlines. The criteria for classifying airlines as large or small can usually be found in the terms and conditions of your ticket, often referred to as the tariff.
For Large Airlines:
- $400 CAD if you arrive 3 or more hours late, but less than 6 hours late.
- $700 CAD if you arrive 6 or more hours late, but less than 9 hours late.
- $1,000 CAD if you arrive 9 or more hours late.
Alt text: Frustrated passengers wait in a crowded airport terminal, highlighting the inconvenience of flight disruptions.
Even if you opt for a refund instead of rebooking on an alternative flight after a cancellation, large airlines are still obligated to pay you a minimum compensation of $400 CAD. Examples of large airlines include major carriers like Air Canada, WestJet, Sunwing Airlines, Air Transat, Flair Airlines, and Porter Airlines. It’s worth noting that subsidiaries like Jazz and Rouge under Air Canada are also considered large airlines.
For Small Airlines:
- $125 CAD if you arrive 3 or more hours late, but less than 6 hours late.
- $250 CAD if you arrive 6 or more hours late, but less than 9 hours late.
- $500 CAD if you arrive 9 or more hours late.
Similarly to large airlines, if you choose a refund from a small airline due to a cancellation, they must still compensate you with $125 CAD. In the Canadian context, Canadian North and other smaller Canadian carriers are currently classified as small airlines. It is important to remember that all compensation figures mentioned are in Canadian Dollars (CAD).
How to Claim Compensation for Air Travel Cancellations
To initiate a compensation claim for a flight delay or cancellation, you must formally submit a claim to the airline in writing within one year from the date of the incident. Once you’ve filed your claim, the airline is legally bound to respond within 30 days. Their response should either include the compensation payment or a clear explanation detailing why they believe compensation is not warranted in your specific case.
Airlines are required to offer compensation in monetary form, such as cash, cheque, or a direct bank deposit. While airlines may propose alternative forms of compensation like vouchers or rebates, these must meet specific criteria: the alternative compensation must have a higher value than the monetary compensation you are entitled to, and importantly, vouchers or rebates offered cannot have an expiration date. The airline must inform you in writing about the monetary compensation amount you are owed and the value of any alternative compensation they offer. Crucially, you always have the right to choose monetary compensation over any alternative options. If you decide to accept an alternative form, you’ll likely need to confirm in writing that you understand your right to monetary compensation and are choosing the alternative instead.
Alt text: Detail of a hand writing a formal compensation claim letter, emphasizing the written submission requirement for flight cancellation compensation.
What If Your Compensation Claim is Denied?
If you do not receive a response from the airline within 30 days, or if you are dissatisfied with their response and believe you are still entitled to compensation for your air travel cancellation or delay, you have further recourse. You can escalate the matter by submitting a complaint to the relevant regulatory body in your region. These bodies are designed to help resolve disputes between passengers and airlines. They will typically attempt to facilitate a resolution between you and the airline.
International Travel and Further Compensation
It’s also important to be aware that if your travel plans involve international flights, you might have additional rights beyond the standard compensation for delays. International agreements like the Montreal or Warsaw Conventions may provide avenues to claim for consequential damages incurred due to flight delays. These damages could include expenses directly resulting from the delay. Claims under these conventions also need to be submitted to the airline in writing.
Your rights as an air passenger are protected. Understanding the regulations surrounding air travel cancellations and delays empowers you to claim the compensation you are entitled to when disruptions occur. Familiarize yourself with the Air Passenger Protection Regulations in your region to ensure your travel experiences are as smooth and fair as possible.
