Frequently asked questions

Flight delay compensation

My flight was delayed, what are my rights?

While there is no federal law in the USA requiring airlines to compensate passengers for domestic flight delays, the US Department of Transportation (DOT) does have some regulations in place to protect passengers’ rights. If your flight is delayed due to a reason within the airline’s control, such as mechanical problems or overbooking, the airline is required to rebook you on another flight or provide you with a full refund. While airlines are not required to compensate passengers for domestic flight delays, some airlines may offer compensation in the form of vouchers or frequent flyer miles as a goodwill gesture. You can always ask the airline if they are willing to compensate you for the delay.

My flight is delayed, am I entitled to a refund?

Passengers are entitled to a refund if an airline significantly delays a flight and the passenger chooses not to travel.

The US Department of Transportation has not specifically defined what constitutes a “significant delay.” Whether a passenger is entitled to a refund depends on many factors, such as the length of the delay, the length of the flight, and the passenger’s individual circumstances. Passengers who purchase non-refundable tickets are not entitled to a refund unless the airline makes a promise to provide a refund or makes a significant schedule change.

My flight is delayed, am I entitled to compensation?

No, by federal law, compensation on domestic flights is not compulsary. Some airlines do give compensation out of good will. Traveling to or from Europe? Learn more on how to receive up to €600 (~$650).

What is a tarmac delay?

A tarmac delay is a delay that occurs when an airplane is on the ground and passengers are not allowed to deplane. This can happen either before takeoff or after landing. Tarmac delays can be caused by a variety of factors, including:

  • Air traffic control delays
  • Weather conditions
  • Mechanical problems with the aircraft
  • Security concerns
  • Overbooking
What are my rights when a tarmac delay occurs?

If you are on a flight that experiences a tarmac delay, the airline is required to provide you with certain amenities, including food, water, working toilets, and medical attention if needed. In the United States, airlines are also prohibited from keeping passengers on the tarmac for more than three hours for domestic flights or four hours for international flights. If a delay is expected to exceed these limits, the airline must give passengers the opportunity to deplane.

What is considered a significant delay?

The US Department of Transportation has never defined what constitutes a “significant” delay or change, leaving it to airlines to voluntarily self-regulate. In some cases, this results in airlines having extensive rolling delays of a flight rather than canceling it.

My flight from Europe to the US is delayed, what are my rights?

Even if you have a US nationality, your rights in Europe are protected by EU law EU261. It also doesn’t matter which airline you are flying with, either from Europe or the United States, if your flight is delayed with more than 3 hours, you might be eligible for compensation up to €600 (~$650). The exception is force majeur by the airline.

My flight to Europe is delayed, am I entitled to compensation?

If you are flying with a US carrier to Europe, your passenger rights are not protected by EU261 and compensation isn’t applicable. Flying with a EU airline? If your flight is delayed by at least 3 hours, you are entitled to financial compensation. The ammount varries, depending on the distance of the flight.

Flight cancellation compensation

My flight was cancelled, what are my rights?

If your domestic flight is cancelled, according to the US Department of Transportation, you have the right to:

  • A full refund of your ticket price
  • A rebooking on the next available flight to your final destination, at no additional cost
  • Assistance with accommodation and meals if your rebooked flight departs the next day or later
My flight is canceled, am I entitled to a refund?

Yes, the airline should provide you with a refund if you decline the offer to a rebooking.

My flight is canceled, am I entitled to compensation?

No, by federal law, compensation on cancelled, domestic flights is not compulsary. Some airlines do give compensation out of good will. Traveling to or from Europe? You might be eligible for cash compensation. Learn more on how to receive up to ~$650 (€600).

My flight to Europe is cancelled, am I entitled to compensation?

If you are flying with a US carrier to Europe, your passenger rights are not protected by EU261 and compensation isn’t applicable. Flying with a EU airline? If your flight is delayed by at least 3 hours, you are protected by consumer law of EU and entitled to financial compensation. The ammount varries, depending on the distance of the flight.

My flight from Europe to the US is cancelled, can I get compensation?

If your flight from Europe to the US is cancelled, you might be eligible for compensation up to €600 (~$650). The exception is force majeur by the airline.

How does the distance of my flight impact my compensation?

Under EU Regulation 261/2004 (EU261), passengers are entitled to compensation for cancelled flights, ranging from $270 to €$650 per passenger, depending on the flight distance.

  • For flights up to 932 miles, the compensation is €250 (~$270).
  • For flights between 932 miles and 2,175 miles, the compensation is €400 (~$435).
  • For flights over 2,175 miles, the compensation is €600 (~$650).

Compensation in Europe

Does EU261 also apply to Americans?

The rights of European travelers are protected by the EU, specificaly Regulation EU261. EU261 also applies to Americans when they are flying on a European carrier departing from the United States, or on any carrier departing from an EU airport. It does not matter what nationality the passenger is, or where they purchased their ticket. EU261 also applies to Americans when flying within Europe, for example from Spain to Italy.

My flight to Europe is cancelled, what about compensation?

Flying to Europe, but was your flight cancelled? You can only apply for compensation if you were flying with an European carrier and the reason for the cancellation isn’t force majeur by the airline.

My flight to Europe is delayed, what about compensation?

Flying to Europe, but your flight was delayed? You can only apply for compensation if you were flying with an European carrier and the reason for the delay isn’t force majeur by the airline. The delay has to be at least 3 hours.

My flight from Europe to the US is cancelled, am I eligible for compensation?

If you were to fly from Europe to the US, but your flight was cancelled, you are eligible for cash compensation of up to €600 (~$650). The exception is if the cancellation was because of force majeur.

My flight from Europe to the US is delayed, am I eligible for compensation?

If you were to fly from Europe to the US, but your flight was delayed by at least 3 hours, you are eligible for cash compensation of up to €600 (~$650). The exception is if the delay was because of force majeur.

What is force majeur?

In this context, force majeure is an uncontrollable circumstance that causes a flight delay or cancellation. The airline is not at fault if a flight is cancelled or delayed due to a storm, an unstable political situation, or a ground personnel strike.

How do I apply for compensation if my flight is delayed or canceled?

The airline is your first point of contact for any compensation claims. You can usually contact the airline by phone, email, or through their website. EUclaim can be a second point of contact for passengers who have been denied compensation by the airline, or who have had a negative experience in trying to claim compensation on their own. EUclaim is a claims management company that specializes in helping passengers obtain compensation for delayed, canceled, or overbooked flights.

Current regulation

Who is responsible for federal laws regarding air passenger rights?

The US Department of Transportation (DOT) is responsible for federal laws regarding air passenger rights. The DOT enforces these laws through its Office of Aviation Consumer Protection, which investigates complaints from passengers and takes action against airlines that violate the law.

How do I file a complaint with the DOT if I believe that my rights as a passenger have been violated?

To file a complaint with the DOT, you can visit their website or call them at 1-800-FLY-RIGHTS. You will need to provide the DOT with your flight information and a description of what happened.

Am I entitled to a refund?

Under the current rules in the United States, you are entitled to a refund in case of:

  • Cancelled flight
  • Schedule change/significant delay
  • Class of service change
  • Airline declares baggage lost

In the following situations, consumers are not entitled to refunds except under very limited circumstances:

  • Non-refundable ticket
  • Personal issue
  • Unsatisfactory serivce
  • Incidental expensas
Am I entitled to compensation?

In the context of flight cancellations and delays, a refund is the return of the fare that was paid for the flight, while compensation is an additional payment that is made to the passenger for the inconvenience and disruption caused by the cancellation or delay.

In the United Stated, no cash compensation is mandatory if an airline cancels or delays a flight.

Proposed regulation

What will change for the rights of air passengers?

In may of 2023, the US Department of Transportations put forward a new regulatory framework to better proect the rights of air passengers. The proposed rules would address compensation to passengers in the event of a controllable airline cancellation or significant delay, such as a meal or meal voucher, overnight accommodations, ground transportation to and from a hotel, and rebooking for controllable delays or cancellations. Timely customer service during and after periods of widespread flight disruptions would also be addressed.

Why is The Department of Transportation working on new legislation?

Passengers lack protection in case of a delay or cancellation. Secretary Pete Buttigieg wants to close the gap between European and American passenger protections.

The proposed rule changes demonstrate a striking similarity to the regulations in the EU. Under Regulation (EC) No 261/2004, European air passengers are entitled to compensation and assistance in the event of flight delays, cancellations, or denied boarding due to overbooking.

When will the new compensation rules take effect?

At the time of writing, the proposed rule changes are still only a proposal. There is no indication as to when the proposal will be formally filed, nor is there any indication as to when the proposal will be in effect.

About airpassengerrights.com

Who is behind airpassengerrights.com?

Airpassengerrights.com is powered by Lennoc B.V. Lennoc specializes in collecting and analyzing flight information, data and reports for businesses.

What is the mission of airpassengerrights.com?

At airpassengerrights.com, we are committed to advocating for the rights of air passengers, fostering transparency within the aviation industry, and informing individuals about securing the compensation they rightfully deserve. As an independent organization, we are committed to providing clear, accurate, and up-to-date information, ensuring that every traveler is well-versed in their entitlements.

Is airpassengerrights.com affiliated with any government agencies or regulatory bodies?

airpassengerrights.com is an independent organization and is not affiliated with any government agencies or regulatory bodies. The website provides information about air passenger rights in the United States, but it is not an official source of information from the government. If you have any questions about your rights as an air passenger, you should contact the appropriate government agency or regulatory body.