Flight delay Compensation calculator
You can claim upto $700 / passenger for flight delays. Check the amount airlines owes for you.
E.g., 15.11.2019

Air Passenger Rights - EU 261 Rule / US Tarmac Delay Rule

According to the International Civil Aviation Organization (ICAO), there are approx. 60 different national air passenger regulations. We would like to draw your attention to some of the most important pieces of US, EU and international air passenger legislation.

EU Air Passenger Rights (EU 261 Rule)

In accordance with EC Regulation 261/2004 EU air passenger rights, if you faced problems with your flights, i.e., delays of more than 3 hours or cancellations without any notice or denied to board your flight due to oversold tickets or missed the connecting flight due to current flight delay, flight route change or airport delays then you are eligible to claim compensation of up to 600€ from the airlines.

Find out whether you are eligible to make a claim using our flight compensation calculator read more on your rights for delayed or cancelled flights and know how much you can claim.

When Does EU Air Passenger Rights Valid?

Basically, you could be entitled to compensation if your flight was delayed for over 3 hours, or cancelled, or you were denied to board your flight, (see below for further information).

Inside EU To Inside EU YES YES
Inside EU To Outside EU YES YES
Outside EU To Inside EU YES NO
Outside EU To Outside EU NO NO

Claim Flights can currently only support you on EU (European Union) related air passenger right cases. You can check your compensation with us for free using our flight delay compensation calculator

US Tarmac Delay Rule

The US Tarmac Delay Rule (or Airline Passenger Protections rule EAPP #1 of 2010) is a US air passenger rights rule which addresses the problem of passengers being stranded on the ground aboard aircraft, denied boarding, flight delays or missed flight connections.
(See: https://en.wikipedia.org/wiki/Flight_cancellation_and_delay#Laws_regarding_delays )

It states, among other regulations, that airlines are not allowed to wait for more than four hours on international flights or over three hours on domestic flights and also protects air travellers against involuntarily denied boarding. The details of the Tarmac Delay Rule are quite complex, but here you can find all the information you need at http://www.dot.gov/airconsumer/flight-delays .

You might be entitled to claim up to 400% of your one-way fare back. In accordance with the Tarmac Delay Rule, airlines are obliged to report each and every case (14 CFR Part 244) and offer unsolicited compensation. Furthermore, the airline is obliged to offer each passenger who was involuntarily denied boarding with a check or cash on the same day it occurs.
(See: http://www.gpo.gov/fdsys/pkg/CFR-2013-title14-vol4/xml/CFR-2013-title14-vol4-part259.xml )

US Rule 240

In the United States, the Federal Aviation Administration (FAA) governs various aspects of flight. The US Rule 240 is not a federal requirement. Compliance with Rule 240 is entirely at the discretion of each airline.

In the US, there is no fixed federal rule on flight delay compensation or air passenger rights. Rule 240 originates from a time when the airline industry was strongly regulated. The Airline Deregulation Act of 1978 allowed the airline industry to define their settings for Rule 240. Many airlines however did remain compliant with Rule 240.

Some of the new and low cost airlines such as JetBlue do not acknowledge Rule 240 but have come up with their own models of compensating customers. Therefore, if you would like to claim compensation for flight delays or cancellations, it is necessary that you check the conditions of carriage for your contractual agreement with the airline.

The general problem when claiming compensation for flight delays or asserting claims for infringements of other air passenger rights, is the fact that the airline sets their own contractual terms and conditions to which the passenger must abide by.

In general, it is frequently quite difficult for the consumer to make a claim as this often depends on individual circumstances.

Claim Flights cannot make US claims in compliance with Rule 240. Currently, Claim Flights can only help with EU air passenger rights, we cannot help with US air passenger rights.

Worldwide Air Passenger Rights

Montreal Convention 1999 (MC99)

The Montreal Convention establishes airline liability and a modern compensatory regime for the victims of air disasters. Following the 38th Assembly of ICAO member states in 2013, a resolution was adopted which encourages all states that have not yet done so to ratify MC99.

The Convention is designed to unify numerous international airline liability treaties and to provide more transparent legislation regarding the international carriage of passengers, baggage and cargo. It is currently valid in US, EU, 110 UN member states and 30 other countries.

The Warsaw Convention 1929

Warsaw Convention defines "international carriage" and sets the rules for airline liability, limitations and for legal jurisdiction. It also requires that carriers issue baggage checks for checked luggage.

The Convention also limits the liability of the carrier and creates a limitation period of two years within which a claim must be brought (Article 29).

Warsaw Convention amended in 1955 at The Hague, Netherlands, and in 1971 in Guatemala City, Guatemala. As of 2015, the Warsaw Convention had been ratified by 152 states.


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