Claim EU and USA Flight Delay Compensation

Don’t miss out on delayed flight compensation as high as $650.

Are you delayed or stranded at the airport? Nothing could make up for the time you’ve wasted, the stress and inconvenience caused by a flight delay.

However, there is a small consolation: you have extensive rights as an air passenger under DOT and EU regulations. What's more, you could be eligible for compensation of up to $650 (€600) under  EU Regulation 261/2004. Of course, your rights will be protected by the EU legislation only if you fly from or to the old continent. More good news: EC261 gives you the right to claim for flight delay, cancellation or denied boarding 3 years back!

Read our guide to learn about:

• your rights and what the airline owes you for US flights under DOT rules, and
• your reimbursement and compensation eligibility under EU/UK law.

 

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US flight delay compensation: DOT Regulations

US law doesn’t require airlines to pay monetary compensation for delayed or canceled flights.

However, the Department of Transportation (DOT) obligates air carriers to assist passengers during significant delays or cancellations. This includes the airline’s obligation to rebook passengers on replacement flights, potentially utilizing their partner airlines.

Additionally, airlines may compensate their passengers with meal/travel vouchers, hotel accommodation and complimentary ground transportation between the airport and the hotel.

These form a vital component of each airline's customer service plan, and ensure that passenger rights are protected in case of travel disruptions.

According to DOT data, the 10 biggest US airlines (which account for about 96% of domestic US traffic) offer the following services to mitigate passenger inconveniences in case of a controllable delay or cancellation (circumstances within the airline’s control).

 

Your basic air passenger rights according to DOT

 

 

Additional rights for US flights

Airlines offer extra services in case of:

 

Overnight delay

• Complimentary hotel accommodation in case you are stranded at the airport overnight as a result of a long delay - offered by all airlines above with the exception of Frontier

• Complimentary transportation between the airport and the hotel - offered by all airlines with the exception of Frontier

 

A delay over 3h (when you have to wait 3 or more hours at the airport after your scheduled departure)

• Credit/ travel voucher - offered only by Alaska, JetBlue and Southwest

 

Frequent flier miles - offered only by Alaska

 

When are you entitled to these forms of compensation for US flights?

These services are offered by US airlines in case of ‘controllable flight delays’, meaning delays caused by the air carrier. These include, for example:

• maintenance or fueling issues
• technical faults with the aircraft
• crew issues
• baggage loading problems

 

Uncontrollable conditions where airlines cannot be held accountable include:

• bad weather
• Air Traffic Control decisions,
• security threats, etc. 

 

US flights: Your right to refund

In case of a significant delay passengers may choose not to fly and must get a ticket refund no matter the cause of the delay (controllable or uncontrollable), even for non-refundable tickets. This is the case if the passenger chooses not to accept the replacement flight offered by the air carrier. Unfortunately, DOT does not define ‘significant delay’ and this is determined case by case.

 

EU flight delays: When are you entitled to flight delay compensation?

As EC261 covers all air passengers traveling from or to the EU, you may be entitled to up to $650/ €600 in compensation for your delay or cancellation if your flight:

• was within the EU/UK with any airline
• departed from the EU/UK with any airline
• arrived in the EU/UK with an EU/UK airline.

 

Where is EU261 applied?

EC261 covers all passengers, including US travelers,  and applies to the EU, Norway, Switzerland, Iceland, and all countries from the ‘outermost regions’, e.g. the Azores and Canary islands, for instance.

However, if you flew, for example, New York to Paris on Qantas, you should contact the airline. Your compensation in this case will depend on the air carrier and the countries of departure/ arrival.

 

EU flight delay 2+ hours: Your right to care

 

If your flight was delayed for 2+ hours, under EU law the air carrier must provide:

• meals and drinks
• 2 free phone calls/ emails
• accommodation if you’re delayed overnight, plus the cost of the journey from the airport to the hotel and back.

 

Depending on the flight distance your right to care kicks in after:

• 2 hours for flights less than 1500 km
• 3 hours for flights between 1500 and 3500 km
• 4 hours for flights over 3500 km.

 

You can verify the length of your flight with a free online flight distance calculator, such as Web Flyer.

Air carriers sometimes offer passengers vouchers that can be used at the airport. If you do not receive any, simply keep your receipts and claim the expenses from the airline later. Note that airlines are required to cover only ‘reasonable’ expenses, so they will not reimburse alcohol or luxurious hotels.

 

EU flight delay 3+ hours: Claim your compensation

Under EU law you are entitled to receive compensation if:

• your flight is delayed by more than 3 hours (calculated at arrival time), and
• the delay is the airline’s fault (e.g. a technical issue, not enough bookings, etc.).

 Airlines however are not required to pay compensation if the delay was caused by ‘extraordinary circumstances’, such as bad weather or a security threat, for example.

Extraordinary circumstances include, but are not limited to:

• Bad weather; 
• Bird strikes;
• ATC restrictions (e.g. runway closure);
• Political and civil unrest.

 

 

Technical problems are not extraordinary circumstances - the airline is responsible for keeping its aircrafts well-maintained. So, you can rightfully claim compensation if your flight is delayed because of a mechanical issue.

Check your compensation

 

How much can you claim for your flight delay?

The compensation amount depends on the flight distance. Check the amount you can expect if you’ve experienced a long delay in the table below:

EU flight delay 5+ hours: Get both refund and compensation

Under EC261, in case your flight is delayed by 5 hours or more, you can choose to either take the flight or not.

 

If you do not take the flight

The airline is legally required to provide:

• a full refund of your ticket fare, including all other flights (e.g. onward or return flights if you are delayed mid-journey) under the same booking with the same airline
• a flight back to your original point of departure in case you are delayed mid-way and decide not to fly because of the long delay.

 

The legal time-frame for receiving the refund is within 7 days of the flight date.

Keep in mind that the refund does not affect your right to compensation. As you have experienced a long delay, under EU law you are legally entitled to compensation for your troubles on top of the reimbursement.

 

If you take the flight

You may claim up to $650 depending on the flight distance if the delay was the airline’s fault.

Delayed Flight Compensation

Connecting flights: Your EU right to flight delay compensation

If you missed your connection, you may be eligible for compensation if:

• both flights were booked as a single booking
• you departed from the EU OR your flight and was operated by an EU airline
• you arrived at your final destination 3+ hours late
•  the delay was the airline’s fault

 

 

Compensation is paid to the passenger

If a flight is delayed on a business trip, the passenger is the one who experiences the inconvenience, so under EU rules, the passenger is entitled to compensation (even if the employer paid for the ticket).

 

Additionally:

• Up and downgrading

If the airline offers an alternative flight and an upgrade, you will not have to pay extra. However, if you get downgraded, you may get 30-75% reimbursement of the original ticket fare.

• Flight cancellation

Check your rights and claim EC261 compensation if your flight is canceled.

• Denied boarding

 EC261 lets you also claim financial compensation for denied boarding.

 

Compensation is paid in cash

Under EU law, compensation is paid in cash, check or bank transfer. So, you don’t have to accept vouchers offered by the airline, unless you choose to, as they will revoke your right to compensation in cash.

 

How to get your compensation?

Use our free tool to verify your eligibility and file your claim.  Keep all documents issued by the airline and be ready to provide them. Our expert team will take care of the rest.

 

You do not qualify under EC261? Check your travel Insurance

Check your rights under the Montreal Convention signed by 140 countries globally, including the USA. Also, check your travel insurance as it can offer broader coverage and provide more options and security in cases where airline compensations do not fully cover the inconveniences or additional expenses incurred as a result of flight delays or cancellations