EU261 + Montreal Convention
Air passenger rights: the complete guide
When you fly within European territory you have a set of legally protected rights. Cancellation, delay, overbooking, lost baggage, assistance. This guide explains every right, how to invoke it, and what to do if the airline ignores it.
Check your compensationYour rights when you fly
Every passenger flying from the EU (any airline) or arriving in the EU on an EU airline is protected by EU Regulation 261/2004. The Montreal Convention adds protections for baggage and damages.
Rights when your flight is cancelled
If the airline cancels your flight, you are automatically entitled to:
- Cash compensation of €250 to €600 per passenger by distance (unless 14+ days notice or extraordinary circumstance)
- Full ticket refund within 7 days if you decide not to fly
- Or alternative transport to destination as soon as possible (your choice)
- Or alternative transport on a later date convenient for you
- Care: meals, drinks, accommodation if needed, hotel-airport transfer, 2 calls/emails
- Written information about your rights at the airport
Rights when your flight is delayed
The key threshold is 3 hours at destination. Below it, no compensation, only care. Above it, full compensation.
- Delay ≥2 h on short flights (≤1,500 km): care (meals, drinks, calls)
- Delay ≥3 h on medium flights (1,500-3,500 km): care + possible compensation at destination
- Delay ≥4 h on long flights (>3,500 km): care + possible compensation
- Arrival delay ≥3 h at final destination: €250-600 compensation if not extraordinary circumstance
- Delay ≥5 h: right to full ticket refund if you choose not to fly
- Forced overnight stay: hotel + transport at airline expense
Rights when overbooked
If the airline sold more tickets than seats and denied you boarding despite a valid ticket and timely check-in:
- Immediate compensation €250-600 by distance (same as cancellation)
- Choice between full refund or alternative transport
- Full care (meals, accommodation, transport) until next flight
- If they ask for volunteers to give up the seat, negotiate the incentive: on top of legal compensation they may offer voucher, miles or extra cash
- Important: NEVER accept only a voucher if denied boarding without consent — demand cash compensation
Right to free care
Independent of compensation, the airline must care for you from the moment the issue arises. This includes:
Food and drink
Proportional to delay length. Usually delivered via airport voucher.
Accommodation
When overnight stay is required (next-day flight). Airline books and pays for the hotel.
Hotel-airport transport
At airline expense, both ways. Usually arranged via taxi or shuttle.
2 communications
Calls, emails or faxes so you can notify whoever you need to.
Baggage rights
The Montreal Convention protects your baggage. The airline is liable for loss, damage or delay, up to a legal cap.
Lost baggage
If it does not appear within 21 days it is considered definitively lost. You are entitled to compensation for the contents + the case.
Up to ~€1,519 per passenger (1,288 SDR)
Damaged baggage
Same cap as lost. You must file a PIR (Property Irregularity Report) at the desk before leaving the airport.
Up to ~€1,519 per passenger (1,288 SDR)
Delayed baggage
They reimburse essential expenses until it arrives (toiletries, basic clothing, charger). Keep the receipts.
Up to ~€1,519 per passenger (1,288 SDR)
Rights for reduced mobility passengers
Regulation (EC) 1107/2006 guarantees equal access to air transport. Notify the airline at least 48 h ahead when booking:
- Free assistance at the airport from designated points to the aircraft
- Priority boarding and disembarkation
- Wheelchairs and mobility devices carried free of charge and not counted as baggage
- Service animals (guide dogs) admitted in cabin at no extra cost
- If the airline damages your mobility device, compensation for replacement cost without Montreal Convention caps
How to enforce your rights
Knowing your rights is just the start. Here is what to do if the airline ignores them:
Document the incident on the spot
Ask the airline for written confirmation of the delay or cancellation. Photograph the airport board. Keep emails, SMS, receipts. This documentation is the foundation of your claim.
Claim in writing to the airline
By certified mail or official form. Cite EU Regulation 261/2004, flight number, date and passenger details. Legal response window: 30 calendar days in many jurisdictions.
If they reject or ignore, escalate to AESA
In Spain, AESA is the public mediation body, free of charge. Equivalents exist in other EU countries. The airline must comply with the ruling.
As last resort, judicial route
Civil claim. You can do it alone or with specialist platforms like AviFly that cover legal costs and only charge if they win.
Frequently asked questions
Do my rights change if I fly low cost?
No. EU261 applies equally to Ryanair, Vueling, easyJet, Wizz Air and any airline, regardless of the fare paid or ticket type. Low-cost airlines sometimes try to dodge the rule — always demand it.
What if I bought the ticket through an OTA like Booking, eDreams, Kiwi?
Your rights are exercised against the OPERATING AIRLINE (the one actually flying), not the agency. Even with intermediaries, EU261 still protects you.
Can I lose my rights if I signed an agreement with the airline?
No. EU261 rights are non-waivable by law. Any clause saying "you waive compensation" is void. If they make you sign one, sign and keep claiming.
How long do I have to claim after the incident?
In Spain, up to 5 years from the flight date (Supreme Court, 2017). In other EU countries it varies between 1 and 6 years. The sooner you claim, the easier it is to secure proof.
Do I have rights if the issue was caused by pandemic, strike or weather?
It depends. If the airline PROVES extraordinary circumstance, no compensation — but yes care (food, hotel) and refund. Aircraft technical fault, crew shortage or strike by the airline's own staff are NOT extraordinary.
What documents should I always keep?
Ticket + boarding pass + airline emails + airport board screenshots + receipts for extra costs. Photograph everything. The more complete the dossier, the less room the airline has to reject.
Have your rights been violated? Recover what you are owed
Upload your ticket to AviFly. We analyse your case, calculate the exact compensation and claim for you. €0 upfront, 15 % only if we win.