International flight rights: delays, cancellations and lost baggage

My flight has been cancelled. What are my rights?  

For international flights, your rights differ depending on where you are, where you’re heading and where the airline is based.

Assuming the airline is at fault, you should be entitled to reimbursement of your airfare and other costs under the Montreal Convention (up to a limit) if you’re flying between two signatory countries (countries that have signed the Convention agreement), such as Australia and New Zealand. However, airlines won’t be liable under the Convention if they can prove they took “all measures that could reasonably be required to avoid the damage [incurred by the cancellation or delay].”

If you’re flying through the EU and the UK, different rules apply.

EU and UK passenger flight rights

The EU’s Denied Boarding Regulation provides clear-cut consumer protection.

You can claim compensation if your airline is responsible for cancelling or delaying your flight; you must be flying from the UK or EU or flying into an EU or UK airport on an airline based in the EU or UK to be covered.

For cancellations, you’re entitled to choose between re-routing to your final destination, a return flight home or a refund.

If you arrive at your final destination with a delay of 3 hours or more, you’ll also be entitled to assistance such as meals and free phone calls. If you're stranded overnight, you should also be able to claim for accommodation. And you may be entitled to compensation proportionate to the distance you’re travelling – up to €600 (around NZ$1,000) for flights further than 3500km.

US passenger flight rights

In the US, if an airline cancels your flight for any reason, or there is a significant schedule change, and you choose not to travel, it must provide you with a refund. However, airlines are not required to give compensation.

If you’re bumped from your flight due to over-booking, the Department of Transportation requires airlines to compensate you in some circumstances. Compensation is based on the length of the delay and whether you were voluntarily or involuntarily bumped. If it’s the latter, you can get up to 400% of your one-way fare, capped at US$1,550 (about NZ$2,400).

I missed my onward connection because of delays to an international flight. Does the airline have to reimburse me for my extra expenses?  

Yes, if the delay was within the airline’s control. Similar to cancellations, if your flight journey is interrupted and you’re out of pocket, the airline must reimburse you under the Montreal Convention (up to around $11,000). If you’re flying through the EU and the UK, you may have additional protections.

If the airline doesn’t pay, you can lodge a claim at the Disputes Tribunal. It’ll cost you $45 to file a claim if you’re asking for less than $2,000 (the fee rises for claims above this).

For delays beyond the airline’s control, such as weather events, check with your travel insurer (if you have one) and the terms and conditions of your ticket to see what you’re covered for.

My baggage has been lost in transit. What are my rights?  

On an international flight, your baggage is covered by the Montreal Convention. The convention sets out the maximum amount an airline has to pay if your baggage is lost, damaged or delayed. The sum is about $2,700 for each passenger.

If your baggage is delayed, the airline only has to cover the cost of essential items. Typically, airlines don’t accept liability for consequential losses.

To claim for damaged baggage, you must write to the airline within 7 days of getting your bags back. For delayed luggage, you must claim within 21 days from the date the baggage should’ve been available to you.

TIP: Stuck in transit? Baggage gone walkabout? Your travel insurance may provide greater coverage than the airlines. For instance, some comprehensive policies cover lost and unrecoverable baggage up to $30,000. See our Travel insurance guide for more information.