Flight Delay Compensation
Flight delays are a common occurrence, but fortunately there are several regulations in place to protect your passenger rights. In this article, we delve into air passenger rights when faced with flight delays, and we’ll explain if you’re eligible for compensation. We will focus on passenger rights for domestic flights within the United States and shed light on the European Union Regulation 261/2004, which provides extensive protections for EU flights.
Flight delay compensation in the US
When your domestic flight within the United States is delayed, it’s crucial to know that specific regulations are in place to safeguard your rights as a passenger.
While the United States does not have a specific federal law mandating compensation for flight delays, the Department of Transportation (DOT) has established guidelines to ensure that airlines treat passengers fairly. Here are some key rights you should be aware of:
- Timely updates: Airlines are obligated to provide you with timely updates regarding any flight delays, including the cause of the delay and an estimated departure time.
- Compensation: Although compensation is not mandated by federal law, airlines may choose to offer certain benefits, such as vouchers for future travel, hotel accommodations, or meal vouchers, depending on the length of the delay.
- Right to rebook or refund: If your flight is significantly delayed (or even canceled), you have the right to request a rebooking on the next available flight or a refund of your ticket cost.
- Baggage handling: Airlines are responsible for ensuring the safe handling of your checked baggage. In the event of delays, they should make every effort to locate and return your bags to you promptly.
The US Department of Transportation has created a helpful table called “Commitments for Controllable Cancellations” that shows what each airline promises to do for passengers when flights are delayed. For example, this is how American Airlines, Delta, Southwest and United cover delays.
Airlines generally promise to rebook passengers on the next available flight without any extra cost when a flight is delayed. The US Department of Transportation (DOT) defines controllable delays as those caused by issues such as maintenance problems, crew scheduling challenges, fuel or baggage loading issues, and cabin cleaning delays. In these cases, the airline is responsible.
It’s important to note that compensation for controllable delays is subject to each airline’s individual policies. Low-cost airlines may also offer different levels of compensation.
EU flight delay compensation
Passenger rights for EU flights are protected by a law called EU261. This law applies to most flights to or from European Union countries, as well as flights within the EU. The biggest difference with US regulations, is the right to financial compensation.
Passengers flying from the US to Europe on American airlines such as Delta, American Airlines, or Southwest Airlines are not protected by EU261. However, if you fly with a US carrier from Europe to the United Stated and the flight is delayed, EU261 does apply.
Flying with a European carrier to or from Europe? All passengers are protected by EU261, even US citizens.
Here are the key rights you have under EU261 in the event of a flight delay:
- Compensation: If your flight is delayed for more than three hours and the delay is within the airline’s control, you may be eligible for compensation ranging from €250 ($264) to €600 ($635), depending on the length of the flight.
- Right to care: Airlines are obliged to provide you with essential care during the delay, including meals, refreshments, and accommodation if necessary, depending on the length of the delay and distance of the flight.
- Right to rebook or refund: In case of significant delays or cancellations, you have the right to choose between rebooking onto an alternative flight or receiving a full refund of your ticket cost.
If the delay is caused by extraordinary circumstances beyond the airline’s control, such as severe weather conditions or air traffic control strikes, compensation is not applicable. However, the airline is still responsible for offering care and assistance during the delay.
Was your European flight delayed and want to check your right to compensation? We recommend EUclaim, a service that helps passengers claim compensation under EU Regulation 261/2004.
Proposed passenger rights in the United States
The US Department of Transportation (DOT) and Secretary of Transportation Pete Buttigieg have proposed new regulations to improve passenger protections in the United States. These regulations would be similar to those in the European Union, which give passengers more rights in the event of flight delays.
Specific details and implementation dates have not yet been announced, but the goal of the initiative is to establish clear guidelines and compensation structures for domestic flight delays. This would bring the United States in line with the rights that European passengers enjoy.
Stay tuned for more updates on these upcoming changes, which will empower American passengers with enhanced rights and ensure a smoother travel experience.
My domestic flight is delayed, what are my rights?
According to the US Department of Transportation, airlines are required to adhere to the promises that they make in their customer service plan, including commitments to care for customers in the event of controllable delays or cancellations. The Department will hold airlines accountable if they fail to do so.
If your flight is experiencing a long delay, ask airline staff if they will pay for meals or a hotel room or compensate you for your time. While some airlines offer these amenities to passengers, others may not provide amenities to stranded passengers.
My Intra-European flight is delayed, what now?
Even if you have a US nationality, if you are in Europe, your rights are protected by the EU. Was your flight delayed with at least 3 hours? You are entitled to financial compensation. Airlines are obliged to provide you with care during the delay, including meals, refreshments, and accommodation if necessary.
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.
This does not apply if the delay is due to force majeur (e.g., a natural disaster, a war, or a strike).
My flight from Europe to the US is delayed, what are my rights?
Even if you have a US nationality, your rights are protected by EU law EU261. It also doesn’t matter which airline you are flying with, either from Europe or a different part of the world, you might be eligible for compensation up to €600. The exception is force majeur by the airline.
How do I apply for compensation for a flight delay?
If your flight to, from or in Europe is delayed for more than three hours, you could be eligible for compensation. To claim compensation, contact the airline. Most European airlines have a dedicated webpage.
Need help with your claim? We recommend the services of EUclaim.