Flight delays and cancellations rarely cause only inconvenience. In many cases, they create immediate financial losses for passengers: hotel stays, meals, airport transport, communication expenses, and sometimes even essential purchases such as clothing or hygiene items.

Most travellers are unaware that aviation passenger protection laws in many regions impose a separate and powerful legal obligation on airlines — known as the Duty of Care.

Unlike fixed compensation schemes, Duty of Care rules require airlines to provide real-time assistance and reimburse out-of-pocket passenger expenses, even in situations where the airline is not responsible for the disruption itself.

Understanding how this legal obligation works is crucial, because airlines frequently minimise, delay, or deny these reimbursements using technical arguments and procedural barriers.

What Is Airline Duty of Care?

Duty of Care is a legal obligation requiring airlines to provide passengers with basic assistance and financial protection during flight disruptions, including:

• Accommodation during overnight delays

• Meals and refreshments during waiting time

• Airport and hotel transportation

• Communication access (calls, internet, messaging)

• Rebooking assistance or alternative transport

• Reimbursement of reasonable passenger expenses

This obligation exists separately from fixed flight compensation and applies in many global aviation passenger rights frameworks.

The key legal principle behind Duty of Care is passenger welfare. Aviation law recognises that travellers stranded due to airline disruption require immediate support, regardless of who caused the disruption.

Duty of Care vs Flight Compensation: Two Different Legal Rights

Many passengers assume hotels and meals are part of compensation. Legally, they are not.

This distinction is critical because airlines often reject fixed compensation but still remain legally required to provide Duty of Care assistance.

When Airlines Must Provide Hotels, Meals and Transport

Overnight Delays and Stranded Passengers

If a delay forces passengers to stay overnight, airlines are typically required to provide:

• Hotel accommodation

• Transportation between airport and hotel

• Meals and refreshments during waiting period

This applies whether the delay is caused by:

• Technical faults

• Crew scheduling issues

• Operational disruptions

• Air traffic control congestion

• Severe weather

• Security incidents

• Airport operational failures

Even when weather or airport restrictions qualify as extraordinary circumstances, Duty of Care usually still applies.

Long Airport Waiting Times

Passenger protection regulations define waiting thresholds that trigger airline assistance obligations.

Under EU261 and similar frameworks, airlines must provide care when delays reach:

• 2+ hours for short-haul flights

• 3+ hours for medium-haul flights

• 4+ hours for long-haul flights

Once these thresholds are crossed, airlines must offer:

• Meals or meal vouchers

• Refreshments

• Communication access

• Rebooking support

Failure to provide these services may entitle passengers to reimbursement of self-paid expenses.

Cancelled Flights

When airlines cancel flights, Duty of Care applies immediately. Airlines must:

• Offer rerouting or refund

• Provide accommodation if necessary

• Cover meals and transport while passengers wait

• Assist with new travel arrangements

Cancellation scenarios frequently generate the highest passenger expense claims because disruptions often extend across multiple days.

Missed Connections

Missed connection disruptions can trigger Duty of Care if:

• Flights are booked under one ticket

• Airline operational responsibility caused the missed connection

• Passenger is stranded at transfer airport

In such cases, airlines may be responsible for:

• Hotel accommodation

• Meals

• Transport

• Alternative routing

Global Laws That Create Airline Duty of Care Obligations

EU261 Passenger Rights Regulation

EU261 is one of the strongest passenger protection frameworks globally. It applies to:

• Flights departing from EU airports

• Flights arriving to EU operated by EU airlines

EU261 explicitly requires airlines to provide:

• Hotel accommodation

• Meals and refreshments

• Transport between airport and accommodation

• Communication support

Importantly, EU261 Duty of Care applies even during extraordinary circumstances, including severe weather or airspace closures.

This is one of the most misunderstood aspects of aviation law.

UK261 Passenger Protection

After Brexit, the UK retained almost identical Duty of Care provisions. Airlines operating under UK261 must provide the same passenger assistance obligations as EU261.

Turkish SHY-PASSENGER Regulation

SHY-PASSENGER applies to:

• Flights departing Turkish airports

• Turkish airlines operating routes involving Turkey

The regulation similarly requires airlines to provide:

• Accommodation

• Meals

• Transport

• Passenger assistance

The regulation is particularly strict regarding airline obligations during cancellations and extended delays.

Canadian APPR (Air Passenger Protection Regulations)

APPR divides airline obligations based on airline size and responsibility categories, but still requires carriers to provide passenger care including:

• Meals

• Accommodation

• Transport

• Rebooking assistance

Canadian regulations often generate disputes due to complex responsibility classifications between airline-caused and uncontrollable disruptions.

Montreal Convention (Article 19)

The Montreal Convention operates globally and focuses on passenger financial damages caused by delay.

While it does not define Duty of Care in the same operational way as EU261, it allows passengers to recover reasonable expenses including:

• Accommodation costs

• Transportation expenses

• Essential purchases

• Documented financial losses caused by delay

Montreal claims are especially important in regions where fixed passenger compensation laws do not exist.

Regional Aviation Authorities (GACA, ANAC and Others)

Several national aviation regulators have adopted passenger assistance frameworks that mirror or partially reflect EU261-style Duty of Care protections. These systems often support reimbursement of passenger expenses following flight disruptions, particularly where airline operational responsibility exists.

What Passenger Expenses Airlines May Have to Reimburse

Duty of Care reimbursement may include:

Accommodation Costs

• Hotels during overnight delays

• Airport transit hotels

• Extended stay expenses during multi-day disruptions

Food and Beverage Costs

• Restaurant meals

• Airport food purchases

• Reasonable refreshment expenses

Transportation Costs

• Airport-hotel transfers

• Taxi or shuttle services

• Alternative airport transfers when rebooked

Communication Costs

• Phone calls

• Internet or messaging access

• Emergency communication expenses

Essential Purchases

• Basic clothing during baggage delay

• Toiletries and hygiene products

• Medication and urgent personal items

Real-World Examples of Duty of Care Claims

Example 1 — Weather Delay With Overnight Stay

A long-haul flight is delayed due to severe storms. Airline rejects fixed compensation citing extraordinary circumstances. However, passengers forced to stay overnight may still recover:

• Hotel costs

• Airport transfers

• Meals during waiting period

Airlines frequently attempt to deny these claims despite clear Duty of Care obligations.

Example 2 — Crew Shortage Cancellation

An airline cancels a flight due to crew availability issues. Passengers stranded for two days may claim:

• Multiple hotel nights

• All meal expenses

• Transport costs

• Additional airport transfers

Crew shortages rarely qualify as extraordinary circumstances under most passenger protection laws.

Example 3 — Missed Connection in Transfer Hub

Passengers miss onward flights due to inbound delay caused by airline operational failure. Airlines may be responsible for:

• Accommodation at transfer airport

• Meals

• Rebooking support

• Additional local transportation

Why Airlines Often Refuse Duty of Care Reimbursements

Airlines frequently rely on procedural strategies rather than legal arguments. Common refusal tactics include:

• Claiming passengers did not obtain prior airline approval

• Arguing expenses were not “reasonable”

• Requesting excessive documentation

• Delaying responses until legal deadlines approach

• Mixing Duty of Care claims with compensation refusals

• Misclassifying extraordinary circumstances

These tactics often discourage passengers from pursuing legitimate reimbursement claims.

The Legal Complexity Behind “Reasonable Expenses”

A key legal concept in Duty of Care disputes is proportionality. Courts and regulators typically evaluate:

• Whether passenger spending was necessary

• Whether accommodation costs were proportionate to circumstances

• Whether cheaper alternatives were realistically available

• Whether airline assistance was offered or unavailable

Airlines often challenge expenses by arguing they exceed “reasonable” levels, which makes professional legal claim handling particularly important.

Documentation That Typically Determines Claim Success

Duty of Care claims often succeed or fail based on evidence such as:

• Boarding passes and booking confirmations

• Airline delay or cancellation notifications

• Hotel invoices

• Meal receipts

• Transport receipts

• Timeline of disruption events

Many passenger claims are rejected due to incomplete documentation or incorrect claim classification.

Why Duty of Care Claims Are Increasing Globally

Airline disruptions are rising due to:

• Growing air traffic congestion

• Staffing shortages across aviation sector

• Increased climate-related flight disruptions

• Complex multi-connection travel itineraries

• Expanded global passenger protection frameworks

As a result, Duty of Care reimbursement claims are becoming one of the fastest-growing areas of aviation passenger rights litigation.

Why Passengers Frequently Underestimate Duty of Care Rights

Passengers often assume:

• Only compensation payments matter

• Weather cancels all airline liability

• Small expenses are not claimable

• Airlines will automatically reimburse costs

In reality, Duty of Care often covers real financial losses that exceed fixed compensation amounts, particularly during extended travel disruptions.

The Strategic Importance of Proper Claim Handling

Duty of Care claims often involve multiple legal frameworks operating simultaneously, including:

• Passenger rights regulations

• International aviation liability law

• National consumer protection rules

• Airline contract of carriage obligations

Airlines commonly analyse claims using internal legal teams and automated rejection systems designed to minimise reimbursement payouts.

Successfully enforcing passenger reimbursement rights often requires legal classification of the disruption, regulatory interpretation, and structured evidence presentation.

Final Legal Perspective

Duty of Care is one of the most powerful but misunderstood areas of aviation passenger protection law. It exists to ensure travellers are not left stranded without financial and practical support during flight disruptions.

While fixed compensation attracts public attention, Duty of Care reimbursement often represents the real financial protection passengers rely on when travel plans collapse.

Understanding how these obligations operate — and why airlines frequently challenge them — is essential for passengers navigating the complex legal environment of modern air travel.