Right to care

To find out whether the right to coverage applies to your situation, consult the page on the carrier’s obligations.

Canadian Regulations

Under the Air Passenger Protection Regulations, there are basic standards of treatment applicable during a delay, regardless of the situation at hand.

Standards of treatment during tarmac delay

When there is a delay after the aircraft doors have closed, the company must provide:

• Access to washrooms;
• Adequate ventilation, air conditioning or heating;
• The ability to communicate with outsiders;
• Access to food and drink in reasonable quantities;
• The ability to exit the aircraft after 3 hours, if possible.*

*If an imminent take-off is likely, i.e. within 3 hours and 45 minutes of closing the gates, the carrier is not required to allow the passenger to disembark.

Standards of treatment in the event of a delay, cancellation or denied boarding

In addition, passengers are entitled to care when the flight is disrupted due to a situation that is within the carrier’s control, even if it is caused by a safety concern. The standards relating to the right to care vary according to two categories:

• Flight delay or cancellation
• Denied boarding

	Use cases	Right to care
Flight delay or cancellation	If the delay or cancellation was communicated less than 12 hours before the original departure time AND two hours have elapsed since the originally scheduled departure time	Access to food and drink in reasonable quantities Access to a means of communication A hotel room or accommodation and transportation to and from the airport**
Denied boarding	If there is a denial of boarding due to overbooking, against their will*	Provide food and drink before boarding an alternative flight Access to communication A hotel room or accommodation and transportation to and from the airport **

* Overbooking: When the number of seats that can be occupied is less than the number of passengers who have checked in.

** Only if the carrier determines that the passenger will have to wait overnight for the delayed flight or alternative flight as a result of a cancellation or denied boarding.

Exception: If the application of the treatment standards results in a longer delay, the carrier may decide to limit the application of the above-mentioned standards.

European Regulation

Under Regulation (EC) 261/2004, the passenger is offered free of charge:

– Refreshments and dining opportunities;

– Accommodation in cases where a stay of at least one night of waiting time or more is added to the planned one;

– Transportation from the airport to the accommodation;

– Two telephone calls or two telexes or two faxes or two e-mail messages.

Use cases

Disturbances	Situations giving entitlement to coverage
Delay	Two hours or more for flights of 1500km or less Three hours or more for flights from 1500km to 3500km Four hours or more for other flights
Cancellation	Flight cancellation, regardless of when the passenger was notified
Denied boarding	Denied boarding of the passenger against their will

If you want to check if you are eligible for compensation or dispute a decision of the airline , contact us without delay to obtain legal assistance adapted to your situation.