International flight rights: delays, cancellations and lost baggage

Brian from Mount Roskill

You’re often entitled to a refund and can claim back other costs if it’s the airline’s fault.
Find out your international flight rights and how to claim, depending on where you’re flying from and to.
International flight rights
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My international 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).
It will apply 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].”
You can claim compensation up to a limit of around $15,800.
If you’re flying through the EU and the UK, different rules apply.
EU and UK passenger flight rights
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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$1,200) for flights further than 3500km.
The EU has a tool that can tell you what your rights are depending on your situation.
US passenger flight rights
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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:
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the length of the delay
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$2,150 (about NZ$3,800).
I missed my onward connection because of delays to an international flight. Does the airline have to reimburse me for my extra expenses?
An airline must reimburse you for extra expenses after an international flight delay if the delay was within the airline’s control.
You’re entitled to claim compensation under the Montreal Convention (up to around $15,800). 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 $61 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?  
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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 $3,800.
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.
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