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Flight Delay Compensation

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Delayed Flight Compensation: Your Rights and Recourse

A flight delayed by a few hours can cause you to miss a connection or an important event. As soon as a delay exceeds 3 hours upon arrival, you may be entitled to compensation in Canada, from $400 to $1,000 depending on the length of the delay and the size of the carrier.

The airline must also offer you, after two hours of waiting, a pick-up that includes snacks, means of communication (calls, emails) and accommodation if an overnight wait is required. These rights to assistance are essential and must be automatically offered by the company as soon as the conditions are met.

If the reasons for the delay are within the company’s control (operational or commercial issues), you can also get compensation. On the other hand, exceptional circumstances (weather conditions, medical emergencies, etc.) may exempt the carrier from this obligation.

Useful information

An air passenger bill of rights has been in force in Europe since 2005 and in the United States since 2009. In Canada, such a comprehensive agreement does not yet exist. This means that airlines have more flexibility in enforcing their own policies, although they are still required to comply with the Air Passenger Protection Regulations, which have been in force since 2008.

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Get your compensation for your delay...

Most airlines often seek to minimize their responsibilities by offering travel credits or invoking exceptional circumstances to avoid paying compensation.

To ensure that you get the compensation you are legally entitled to, without wasting time, money or energy, trust Volannule.com.

Your rights in the event of a flight delay in Canada

A delayed flight is never trivial: it can miss a connection, a business meeting or a vacation that has been prepared for months. But Canadian law protects travellers in these cases and requires airlines.

Compensation based on the length of the delay

If the delay in arrival is more than 3 hours, you may be entitled to compensation. The amount depends on the type of carrier and the length of the delay:

  1. $400 for a 3-6 hour delay (major carriers)
  2. $700 for a delay of 6 to 9 hours
  3. $1,000 for a delay of more than 9 hours

Small carriers (regional or low-cost) offer slightly lower sums, but the principle is the same: the longer the delay, the higher the compensation. These amounts are intended to compensate for the loss of time, inconvenience and unforeseen costs caused by the delay.

Pick-up from 2 hours of waiting

As soon as the wait exceeds 2 hours, the airline must provide you with minimum assistance:

  1. Snacks and drinks;
  2. Contacts (calls or emails) to notify your loved ones or professional contacts;
  3. Accommodation and airport/hotel transfer if an overnight stay is required.

These rights to assistance are not linked to the amount of compensation: they must be automatically offered as soon as the waiting threshold is exceeded, without the passenger having to claim them.

When the company is at fault

Compensation is due if the delay is due to an airline issue, such as:

  1. Operational difficulties (maintenance delays, crew planning, etc.);
  2. Commercial or organizational reasons;
  3. Avoidable technical failures.

In these situations, the company must compensate the passengers, but also reorganize the trip as soon as possible, either by transferring them to the next flight, or by offering them an alternative itinerary or a full refund.

Exceptions: when compensation does not come into play

Certain situations exempt the company from any compensation, especially when they are beyond its control. It’s:

  1. Bad weather making flying dangerous;
  2. Medical emergencies on board;
  3. Safety hazards or limitations of air traffic control;
  4. Third-party strikes, such as airport agents or air traffic controllers.

Even in these situations, the company is still obliged to assist you (food, communication, accommodation) and to get you to your destination as soon as possible.

How to assert your rights

To be compensated, keep proof of your delay:

  1. Keep your boarding passes and all emails.
  2. Take the actual time of arrival and ask the ground staff to confirm the reason for the delay
  3. File your claim with the airline. The latter has 30 days to respond.

If the company does not meet its obligations, you can file a complaint with the Canadian Transportation Agency (CTA), which is the regulator and can require the carrier to compensate passengers.