Flight Delay Compensation US: What Are Your Rights

 

In the United States, about 1 in 4 flights is delayed or arrives late, so chances are you’ve experienced a delay when flying. It can be stressful and annoying to keep checking the airport board to see if anything has changed. But did you know you can claim up to $700 in flight delay compensation for certain delays? 

Whether you’re flying domestically or internationally, your air passenger rights are protected. To help you understand your rights better and how to receive compensation for your troubles, we’ve come up with a complete guide to flight delay compensation in the US and the European flight delay compensation rules. 

 

 

Can You Get Flight Delay Compensation in the US?

Yes, you can get flight delay compensation in the US. According to US regulations, airlines are required to provide you with a refund, rebooking, and assistance in cases of significant delays. 

And while, unfortunately, you can’t claim financial compensation for domestic flights, some flights departing from the US are covered by the European regulation entitling you to compensation of up to $700. Let’s break them down. 

Flight Delay Compensation in the US 

Your passenger rights on domestic flights are protected by US Department of Transportation (DOT) regulations. This law ensures that if you were:

• Flying within the US, or 
• Flying onboard a US-based carrier and landing at an American airport

You are entitled to a full refund, rebooking on a new flight, and assistance at the airport during your wait. The regulations outline that for your flight to qualify, the departure or arrival delay has to be significant enough. This means that: 

• Your domestic flight was delayed by at least 3 hours
• Your international flight was delayed by over 6 hours

To be eligible for a rebooking, a new flight, or other forms of compensation, the reason for the delay of your flight should be controllable by the airline, such as maintenance issues, crew scheduling, or cabin cleaning. Only in May, close to 40,000 domestic flights were delayed due to reasons under the airline's control. 

Overall, in the first half of 2025, 67.24 million US travelers were affected by flight delays nationwide. 

Under the 2024 regulation changes, airlines must automatically refund your ticket in cases of a significant delay—but only if you decide not to travel and reject any other compensation.

 

European Flight Delay Compensation Rules

You’re also protected when you’re flying internationally. In Europe, your rights are protected by Regulation EC261/2004 (EU261), which covers all flights in the ECAA. These include the 27 member countries of the European Union, Switzerland, Iceland, Norway, Serbia, and the “outermost regions” like the Canary Islands, Guadeloupe, and Madeira. 

According to the European flight delay compensation rules, you’re entitled to monetary compensation of up to $700 if:

• Your flight is delayed by more than 3 hours at the time of arrival 
• You have a valid reservation and checked in on time for your flight
• You're flying from the US to Europe with a European airline
• You're flying from Europe to the US, regardless of the airline
• The reason for the delay was controllable by the airline

If the following apply to your flight, you can use our flight delay compensation calculator to check how much compensation you're entitled to.

 

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Key points about flight delay compensation

There is no compensation for delayed flights in the United States. However, under DOT regulations you may be entitled to an automatic refund of the ticket cost in cases of significant delays.

 

 

International Flight Delay Compensation

Several other countries have regulations similar to EU261, including Canada, Turkey, Brazil, and Saudi Arabia. This means you may be eligible for compensation in most places you visit.

British Law (UK261)

The rules in the United Kingdom are mostly the same as those in the European Union. If you fly from a UK-based airport or with a UK-registered airline, you may be eligible for financial compensation of up to $700 if your flight is delayed.

Under UK261 you can claim compensation if your arrival delay is 3+ hours and the disruption was within the airline’s control (not “extraordinary circumstances” like severe weather or air traffic control restrictions).

Compensation for delays (arrival 3+ hours), based on flight distance:

• Under 1,500 km: up to ~$265

• 1,500–3,500 km: up to ~$425

• Over 3,500 km: up to ~$700 

Airlines also have to provide meals, a hotel, and transportation.

Canadian Law (Air Passenger Protection Regulations)

A similar rule applies to flights withhin and between Canada and the United States under the Canadian Air Passenger Protection Regulations. You could receive up to $740 (CAD $1000) in compensation for airline-caused delays.

Here's the expected compensation for delays, depending on whether you're flying with a small carrier or a large carrier (with more than 2 million passengers worldwide in each of the previous two years).

• Delay between 3 and 6 hours – CA $400 / CA $125
• Delay between 6 and 9 h – CA $700 / CA $250
• Delay of more than 9 h – CA $1 000 / CA $500

 

Turkish Law (SHY Regulation) 

Türkiye also has passenger rules that are similar to the EU one. The Turkish SHY Passenger Regulation applies to all scheduled or charter flights departing from a Turkish airport, regardless of the operating carrier's nationality. Again, the flight delay must be at least 3 hours and have to be under the airline's control.

Here's the financial compensation you can expect (depending on the type and distance of the flight).

• Domestic flights within Türkiye: $115.
• International flights: between $265 and $700.

• Meals, refreshments, hotel accommodations, airport-to-hotel transportation, and two free communications (calls or emails).

Also, you are entitled to reroute or refund—you have the option of continuing your journey as soon as possible or receiving a refund for your ticket.

 

Brazilian Law (ANAC 400)

In Brazil, the ANAC 400/2016 Regulation applies to any scheduled flight (domestic or international) that departs from a Brazilian airport, regardless of the airline’s nationality. 

If your flight is delayed, you are only eligible for a refund, rebooking, or material assistance while waiting. Depending on the length of the delay, the airline must provide meals, lodging, and transportation.  

 

Saudi Arabian Law (GACA Regulation)

If your flight departs from Saudi Arabia or arrives there on a Saudi-licensed carrier, the 2023 Air Passenger Protection Regulations apply. For arrival delays, you can get 50 SDR (about $67) for 3–6 hours and 150 SDR (about $201) for more than 6 hours. 

Here is the compensation you could receive, based on actual arrival time:

• Delay between 3 and 6 h: 50 SDR (≈ $68)
• Delay more than 6 h: 150 SDR (≈ $205)

If the delay exceeds two hours, you can cancel and receive a full refund; if it exceeds five hours, you may treat it as a cancellation and seek additional compensation. If there is a tarmac delay, you may disembark after 3 hours on the ground; if you do, you can request that the flight be cancelled. 

 

What Flights Are Covered by the EU Flight Delay Compensation Rules?

It can be confusing which US flights are eligible for compensation under the EU regulation, so we’ve provided some examples in the table below:

 

 

Let’s illustrate with some examples:

• Paris to New York: always eligible for compensation, as you’ve departed from the EU. So your Delta or United flight is protected by EU261. 
• New York to Paris: only if you’re flying with a European airline like Air France or KLM

 

How Much Compensation for a Flight Delay in the US?

Unfortunately, you can’t claim monetary compensation for domestic flights under the DOT regulation. You’re entitled to a refund, which the airline has to provide you with.

But for all flights departing from Europe or operated by a European airline and landing in Europe, you can claim cash compensation. All flights from Europe to the US are eligible for $700 compensation as they’re over 3,500 km long. 

The table below outlines how much you can claim based on the European flight delay compensation rules:

 

The amount of compensation is fixed. So, it doesn’t matter whether you flew with a low-cost airline or what airplane class you were in, you’re entitled to the same compensation. 

You should also remember that compensation for delays is separate from refunds and rebooking options. Just like with domestic flights, you can get a full refund and be rebooked on a new flight if you choose not to fly. But under EU261, you are still entitled to additional cash compensation for the flight delay.

 

How Long Can a Flight Be Delayed Before Compensation?

Your rights under the European flight regulation change depending on the length of the delay. We've broken down your main entitlements below.

 

2-Hour Flight Delay Compensation

If you’re flying within Europe and your flight is delayed by more than 2 hours, you’re entitled to assistance under the Right to Care clause in EU261. And while you won’t be financially compensated for your delay, the airline has to provide food and refreshments while you're waiting at the airport.

If you’re flying from Europe to the US, your right to care kicks in after a 4-hour delay at the airport. This is because, like other compensation, it depends on the distance of your flight. Considering all flights from the EU to America are longer than 3,500 km, the airline has to provide you with assistance later than for shorter flights.

But if you're flying within Europe, you can claim your voucher for food and drinks after a 2-hour delay. 

Sometimes airlines might refuse or forget to provide care. In these cases, we advise passengers to keep their receipts if they’re purchasing any food or drinks, or even accommodation, during their flight delay. If the airline doesn’t provide you with assistance, you can claim reimbursement. 

All you need to do is explain the costs you’ve incurred in the “Additional info” box when filling out your claim with us. We will ask you to attach receipts and claim the costs for you so you don’t have to deal with this on your own. 

Remember: You're still entitled to compensation even if you've accepted food and drink vouchers or accommodation in cases of longer delays.

 

3-Hour Flight Delay Compensation

Under EU261, if your flight is delayed by more than 3 hours at the time of arrival, you’re entitled to financial compensation of up to $700. 

Similarly to domestic flights, the issue for the delay of international flights should be controllable by the airline, such as technical issues. So, it shouldn’t be caused by extraordinary circumstances, like bad weather. 

One key thing to remember is that contrary to DOT’s regulation that covers delays in departure and arrival, EU261 doesn't. For European flights, you’re entitled to compensation if the flight delay exceeded 3 hours upon arrival at the destination airport. 

Sometimes the planes can make up the time in the air, and in those cases you aren’t entitled to compensation. 

 

5-Hour Flight Delay Compensation

Unfortunately, sometimes your flight might be delayed by more than 5 hours. At this point the delay is long enough that you’re eligible for an alternative option—not to fly at all. You can request a full refund or a replacement flight. You’re entitled to this right even if the cause of the delay was extraordinary circumstances.

If you decide to continue your journey, your right to compensation still stands. 

If you've missed your connecting flight, you can still exercise this right. Regardless of which leg of your journey you're on, you can also request a flight to your original departure airport. 

Additionally, the airline must also provide meals and refreshments.  

 

Overnight Flight Delays

In case of overnight flight delays, the airline has to provide you with accommodation and transport to and from the airport. They’re also required to give you food and drink vouchers. 

This applies regardless of the reason for the delay, as airlines must ensure passenger welfare.

 

Can I Claim Compensation for Uncontrollable Delays?

For domestic flights, you can’t claim compensation for issues uncontrollable by the airline, like bad weather, labor strikes, government directives, or political/civil unrest. You still have the right to a refund if the flight is significantly delayed, but you have to refuse all other forms of compensation they might offer. 

Unfortunately, under EU261, if your flight was delayed by extraordinary circumstances, you also aren't eligible for compensation. These issues are outside the carrier's control, so they couldn't prevent them and don't have to pay compensation. 

Below we provide you with an overview of types of flight disruptions. All reasons within the control of the airline are eligible for compensation under the European regulation.

 

Sometimes airlines will give extraordinary circumstances as the reason for the flight delay. If you have proof that this was not the case, you should submit your claim for compensation. Services like SkyRefund are perfect in such cases, as our lawyers have experience in cases just like yours. 

 

How to Get Compensation for a Delayed Flight?

You can file a personal compensation claim on the airline's website, or you can skip the struggle and use SkyRefund’s service, leaving the hard work to a professional legal team. All you need to do is follow the steps below.

 

Step 1: Check your compensation eligibility

• Confirm that the delay exceeds 3 hours at the final destination
• Ensure that the disruption was controllable by the airline
• Verify that the flight is covered under EC 261/2004

 

Step 2: Gather all the necessary documents

To successfully win your claim, you’ll need a couple of documents to prove your right to compensation. Here’s a brief list: 

• Proof of the delay (written confirmation from the airline, emails, airport screenshots, messages)
• Boarding pass or e-ticket confirmation
• Valid passport or ID 
• Booking reference number
• Flight itinerary
• Receipts for additional expenses caused by the delay, if applicable

 

Step 3: Submit your claim for flight delay compensation

• Visit the Claims section on our website 
• Fill in your departure airport and final destination.
• Provide details about your case: airline, flight number, and flight date. 
• Select flight delay as the reason for the disruption
• Provide your full name and email address.
• Submit your claim. 

 

Step 4: Sit back and leave the rest to us

Our legal experts will handle the entire process on your behalf. Keep in mind that there are no exact time limits for receiving compensation, and the time varies from airline to airline, although cases are usually resolved within several weeks. 

 

 

How is Flight Delay Compensation Calculated?

Arrival time is calculated when the aircraft opens at least one of its doors, allowing passengers to disembark. Airlines sometimes argue that “arrival” means touchdown on the runway, but legal precedents confirm that the door-opening moment is the valid reference point.

For domestic flights, the delay has to exceed 3 hours or 6 hours to qualify for compensation under DOT’s regulations.

But under EU261, flight delay compensation is determined by the actual arrival time at your final destination. This means that even if your flight takes off late, it must arrive at least 3 hours after the originally scheduled time for you to be eligible for compensation.

• Less than 3 hours delay → No compensation
• 3+ hours delay → Compensation applies based on flight distance 

Always check the actual arrival delay and gather evidence such as timestamps from airport information boards, flight tracking websites, and any airline communications about delays.

 

Can a Flight Make Up Time in the Air?

Yes, sometimes flights that depart with more than 3-hour delays make up the time in the air. Unfortunately, in those cases they aren’t eligible for compensation. Let’s illustrate:

Eligible for compensation: 

• Your red-eye flight from London to New York was scheduled to land at 8:00 AM, but due to a technical issue, it landed at 12:20 PM. Since you landed with more than a 3-hour delay, you can claim compensation.  

Not eligible for compensation: 

• Your flight from Paris to Los Angeles is set to land at 7:00 PM but takes off 3.5 hours late. However, the airline makes up time in the air, and the plane arrives at 9:45 PM—only 2 hours and 45 minutes late. As the plane made up the time in the air and was less than 3 hours late, you can’t claim compensation under EU261.

 

How Long is the Process of Claiming Flight Delay Compensation?

As no two claims are the same, the claim process can vary depending on the airline and the complexity of your case. Sometimes we’re able to claim your compensation within a few weeks, but other times it can take us a few months to win your case. Here's a general breakdown based on our experience:

 

 

Important: Keep in mind that each case is strictly individual, and the presented response times are averages based on data from thousands of SkyRefund’s cases. 

 

How Can SkyRefund Help?

Claiming compensation without professional help can be difficult, especially when the airline resists paying or delays responses. Airlines often dispute claims, and people tend to give up instead of starting legal proceedings. 

SkyRefund is a legal tech company helping air passengers claim compensation. With over 8 years of experience in aviation law and a 98% success rate, we help thousands each year to successfully claim what they deserve. Some of our success stories include helping a couple claim compensation for their cancelled flight, which they later used for their second honeymoon in Paris. 

Let us help you win your case. Use the form below to submit your compensation claim today!