To find out if the right to assistance applies to your situation, consult the page on the carrier’s obligations.
Canadian Regulations
Under the Air Passenger Protection Regulations, the right to assistance is the obligation to provide alternative travel arrangements or a refund of the ticket to the passenger at no additional cost.
The right to assistance will vary depending on the type of situation that caused the disruption, as well as whether the airline is considered a large or small carrier:
- Large carrier: A carrier that carried a total of two million or more passengers in each of the last two previous calendar years.
- Small carrier: A carrier that is not a large carrier.
Situation beyond the control of the carrier
| Large Carrier | Small carrier | |
| Delay
(at least 3 hours)
And
Cancellation |
To provide a reservation on the next available flight:
_________________________ OTHERWISE, offer the passenger the CHOICE between: Refund of any unused portion of the fare OR To provide a reservation on the next available flight:
|
To provide a reservation on the next available flight:
________________________ OTHERWISE, offer the passenger the CHOICE between: Refund of any unused portion of the fare OR To provide a reservation on the next available flight:
|
| Denied boarding | Application of the same rights as for delay and cancellation | To provide a reservation on the next available flight:
|
*or by a carrier with whom there is a commercial agreement
Delay, cancellation, or denied boarding?
Delay, cancellation, or denied boarding?You may be entitled to compensation of up to $2,400.
Have your case reviewed for free by a lawyer.
Situation within the carrier’s control (safety or not)
| Delay (at least 3 hours), cancellation and denied boarding | |
| Large Carrier | To provide a reservation on the next available flight:
OTHERWISE To provide a reservation on the next available flight:
OTHERWISE To provide a reservation on the next available flight:
|
| Small carrier | To provide a reservation on the next available flight:
|
*or by a carrier with whom there is a commercial agreement
The return to the initial point
If the above alternative arrangements will not meet the passenger’s travel needs, the carrier may:
1. In the event that the passenger is no longer at the point of departure and the journey is no longer necessary due to the disruption:
- Reimburse the ticket;
- Provide, at no additional cost, a flight to that point of departure that meets the passenger’s needs.
2. In other cases
- Refund of unused portions of the ticket.
Additional services
If the passenger did not receive the correct service or the service was repaid, the carrier will be required to reimburse the cost of any additional service purchased in connection with the original fare.
For example, if you pay an additional fee for pre-seat assignment and the flight is cancelled, you will be entitled to a refund of that fee.
Please note that the replacement flight must offer services comparable to those provided for in the original ticket and that the carrier will not charge additional fees in cases where the passenger is travelling in a higher class.
Alternatively, if the replacement flight requires the passenger to travel in a lower class of service, the carrier will be required to refund the applicable portion of the ticket.
Any refund must be made within 30 days of the date it becomes due.
European Regulation
Under Regulation (EC) 261/2004, the right to assistance consists in offering the passenger the choice of receiving a refund or re-routing through an alternative flight:
1. The refund of the ticket for the parts of the journey not made and the parts of the journey already made but no longer necessary compared to the initial plan, within 7 days;
And
A flight back to their original point as soon as possible;
2. Re-routing to their final destination under comparable conditions as soon as possible;
3. Re-routing to their final destination under comparable conditions at a later date.
In addition, if the alternative flight is to an airport other than originally scheduled, the carrier must bear the costs of transportation between the originally scheduled airport and the arrival airport at a nearby destination.
| Disturbances | Situations giving entitlement to assistance |
| Delay | A delay of more than 3 hours |
| Cancellation | Flight cancellation, regardless of when the passenger was notified |
| Denied boarding | Denied boarding of the passenger against their will |
Whether you are the victim of a delay, cancellation or denied boarding, it is essential to be aware of your rights in order to obtain the assistance and compensation to which you are entitled.
If you have any doubts about your eligibility or would like to be accompanied by a lawyer specializing in air law in your efforts, contact us today for an assessment of your situation and an efficient handling of your case.