A plane trip can be the start of a perfect vacation or the trigger for unexpected chaos: endless queues at the counter, extra nights away from home, missed appointments and, to make matters worse, luggage that doesn't appear on the conveyor belt. It is at these times that the most important questions arise: what does the airline have to pay and what rights can you claim in case of delay, cancellation or problems with your baggage.

This guide is designed for passengers in Portugal and those departing from airports in the European Union. The idea is simple: to explain when you are entitled to compensation for delays/cancellations and baggage, what immediate assistance is, how to claim expense refunds, and what the correct steps are to make a claim without getting lost in vague answers.

First of all: compensation is not the same thing as assistance.

In air travel, it's common to mix three different rights. Separating them helps to understand what to claim and when.

• Assistance: Meals, drinks, communications and, if necessary, hotel and transport, while you wait.
• Forwarding or refund: In certain situations, you have the option of being rerouted to your destination or receiving a refund for the ticket.
• Compensation for delay/cancellation: a fixed value, under certain conditions, that exists even without proving concrete damage.

You may be entitled to assistance but not to compensation. And you may be entitled to reimbursement of expenses (for example, a hotel paid for by you) even when there is no fixed compensation.

When does the passenger rights regime apply?

The typical protection of passenger rights generally applies:

• Flights departing from an airport in the European Union, regardless of the airline.
• Flights arriving in the European Union, provided they are operated by an EU carrier.

There are also specific regulations for baggage and damage, especially on international flights, which are based on... Montreal Convention. In practice, this means that the legal response may involve two complementary "blocks":

• European rules for delays/cancellations/Overbooking.
• International baggage rules and certain penalties for delays.

Compensation for flight delays: when it exists and how much it can be.

The rule that most people are unaware of is this: delays in departure don't count; what matters most is delays in arrival at the final destination. And, in many situations, the right to compensation A claim for delay/cancellation and baggage claim arises when the arrival is significantly delayed and the cause is not considered an extraordinary circumstance.

The amount of compensation depends on the flight distance, and it commonly falls into three tiers: 250 euros, 400 euros, or 600 euros per passenger.

One crucial detail: for flights with layovers on the same booking, what counts is the delay in arrival at the final destination (not just the first leg). This is particularly important when you "miss your connection" due to a delay on the first flight.

Flight cancellation: refund, alternative flight and compensation

When canceling, there are usually three immediate questions.

1. You are entitled to be re-routed or to receive a refund for your ticket, depending on the option you choose and the alternatives offered.
2. You are entitled to assistance while you wait: food, communication and, if necessary, accommodation and transport.
3. You may be entitled to compensation (fixed compensation) if the cancellation was not communicated with sufficient advance notice or if the airline does not offer an alternative flight that, in practice, maintains similar schedules.

Even when the airline offers you rerouting, the compensation may be reduced by half in certain situations, depending on how late you are to your final destination.

Extraordinary circumstances: when the company tries to avoid compensation.

Many claims for compensation for delays/cancellations are rejected with a standard phrase: “extraordinary circumstances”. This rejection is not always correct. Simply put, extraordinary circumstances are events beyond the effective control of the carrier and which could not have been avoided even with reasonable measures. Frequent examples include:

• Severe weather conditions.
• Security risks.
• Airspace closure.
• Serious political instability.

But there are situations in which the company may try to invoke "extraordinary" circumstances, and the passenger may still have grounds to contest them, such as technical problems that are part of the normal operating risk, lack of planning, or insufficient fleet management.

The practical point is this: always ask for the specific reason for the delay/cancellation in writing, and keep screenshots of the airport display, emails, SMS messages, and official communications.

Airport assistance: what to ask for at the right time.

Even when there is no right to compensation, there is often a right to assistance. And this is where many people lose money due to a lack of essential knowledge.

In practical terms, when the wait starts to lengthen, the airline must provide free support, depending on the duration and distance of the flight, such as:

• Meals and drinks suitable for the waiting time.
• Two communications (or reasonable contact costs).
• Accommodation and transportation between the airport and hotel when there is an overnight stay.

If the company doesn't provide assistance and you have to pay out of pocket, document everything. Keep invoices and receipts. And keep expenses proportionate to the context, because the discussion usually comes down to reasonableness.

Reimbursable expenses: when you paid for hotel, meals or transportation.

This is where many people give up too soon. Even if the company says "there is no compensation," there may be an obligation to reimburse essential expenses caused by the flight disruption, especially when no assistance was provided.

The rule of thumb is: without invoices, the claim loses its validity. Therefore, keep them safe.

• Hotel bill.
• Meal receipts.
• Transportation between the airport and your accommodation.
• Communication costs, when relevant.

And also keep proof of your flight: boarding pass, reservation, tags, airline messages.

Delayed, damaged, or lost baggage: what changes and what are the deadlines?

The topic of baggage has its own rules and particularly sensitive deadlines. Therefore, if there's one area where it pays to be methodical, it's this one.

Delayed baggage

If you arrive at your destination and your luggage hasn't arrived, the first step isn't to "go home and wait." You should file a report at the airport.

The typical procedure involves filling out a baggage irregularity report (often known as a PIR) while still in the baggage claim area. Keep the report number.

When your baggage is delayed, you can claim for essential expenses (e.g., toiletries and essential clothing), provided they are reasonable and documented with receipts. The airline may ask you to demonstrate the need and context.

There is also a specific deadline for submitting a written complaint for delayed baggage, which is different from the deadline for damage.

Damaged luggage

If your suitcase arrives broken, torn, or with obvious damage, file a report immediately. In this case, the deadline for filing a written claim is usually shorter than for a delay. Document everything with photographs taken at the airport and keep all items, including your baggage claim ticket.

Lost luggage

As a rule, when baggage does not appear for an extended period, it tends to be treated as lost. In these situations, compensation is limited in Special Drawing Rights (SDRs), an international unit that varies with the exchange rate.

One relevant and current fact: the airline's liability limit for baggage (lost, damaged or delayed) can reach 1519 SDR per passenger, according to the rules of the Montreal Convention.

What to do in practice if you have a problem with your baggage.

To turn a baggage problem into a solid claim, it's helpful to follow a simple sequence.

• At the airport, file a Permit to Irregularity (PIR) report before leaving the baggage claim area.
• Take a photograph of the suitcase's condition, labels, and any damage.
• Keep your boarding pass, reservation, and baggage claim tag safe.
• Make a list of what was in the suitcase and, when possible, gather proof of value (invoices, bank statements, warranties).
• If you buy essential goods late, keep receipts and keep a proportional record of expenses.
• Submit a written complaint to the company within the applicable time limits (delay, damage or loss).

Note that, without involvement from the airport, many companies try to deny responsibility or raise doubts about when the damage occurred.

Travel agencies and package tours: who to ask for what?

When a trip is purchased as a package (flight + hotel, for example), two different realities come into play.

On the one hand, the airline remains responsible for the passenger's rights during transport. On the other hand, the tour operator may have additional responsibilities, especially when the failure compromises the trip as a whole.

If you booked your trip through a tour operator and feel you're being passed from one person to another, it may be helpful to understand the support framework for this sector and how typical conflicts are handled: Lawyers for Travel Agencies and Tour Operators.

How to complain effectively: the path that yields the best results.

There are people who "complain" and there are people who complain methodically. Method makes a difference because it reduces the margin for automatic responses.

A well-made complaint should include:

• Passenger identification and contact details.
• Flight number, date, origin and destination.
• Estimated time and actual time of arrival (if the topic is delays).
• A description of what happened, with facts and without exaggeration.
• What are you requesting: fixed compensation, ticket refund, expense reimbursement, or baggage compensation.
• Proof: reservation, boarding pass, airline communications, invoices, and PIR (when there is baggage).

Complaint to ANAC and alternative channels: when the company does not respond

When the airline ignores the issue or gives a generic response, many passengers are left stranded. But there are additional steps to take.

In Portugal, filing a complaint with ANAC (National Civil Aviation Authority) is a relevant avenue for passenger rights matters, usually after first filing a complaint with the airline and awaiting a response.

There are also out-of-court options that can be useful in consumer disputes, especially when you want to avoid court costs and time, and when the company is open to a settlement. To understand these options and how they work, you can see: Online shopping: return, exchange and refund deadlines.

When does it make sense to take the matter to court?

Not all complaints warrant legal action. However, there are cases where the company's persistence, the extent of the damage, or the urgency justify such action.

In practical terms, it tends to make sense when:

• The company is unjustifiably refusing to pay compensation.
• There are high, documented expenses that are not reimbursed.
• There is significant additional harm, which has been proven.
• The case involves baggage of significant value, and the company is attempting to reduce its liability without basis.

If you want to understand what a process entails and how evidence and requests are organized, it may be helpful to read: How to Sue a Company: A Legal Guide.

Common mistakes that cause you to lose money

A large portion of losses occur due to avoidable details. Some of the most frequent errors in air travel, compensation for delays/cancellations, and baggage are:

• Not asking for assistance at the airport and then having no way to prove that the airline failed.
• Not keeping receipts for essential expenses.
• Do not fill out the PIR form at the airport if your baggage is delayed or damaged.
• Accepting vouchers without reading the terms and conditions can affect refunds.
• Mixing up claims and confusing fixed compensation with compensation for proven damages.

Conclusion

The world of air travel may seem bureaucratic, but your rights are more concrete than many companies make them out to be. In the case of delays and cancellations, you may be entitled to fixed compensation, airport assistance, and reimbursement of expenses. Regarding baggage, there are short deadlines for reporting and filing claims, and significant limits on liability.

If the company doesn't resolve the issue, don't give up after the first automated email. A well-structured complaint, with evidence and a clear request, dramatically increases the likelihood of receiving payment. And when the amount is significant or the response is unfair, pursuing legal action can be the difference between absorbing the loss and recovering what is rightfully yours.

If you need support to assess your case, calculate what you can claim, and take your claim to the end, speak to a Solicitor.