Flight Delay Compensation & Refunds for US & Non-EU Passengers

Flight delays are frustrating, but you may be entitled to compensation or a refund. EU law (EC 261) offers up to €600, while US regulations ensure refunds for major disruptions. Know your rights—claim what’s yours hassle-free!

Understand Your Rights Under US, EU, and International Regulations

Flight delays and disruptions don’t have to leave you stranded without options. Airlines are required to compensate passengers for delays, significant schedule changes, and other disruptions caused by factors within their control, such as planning, scheduling, or maintenance issues.

• In the US, Department of Transportation (DOT) rules mandate compensation for specific scenarios, such as involuntary flight bumps, damaged baggage, or lost luggage.
• In Europe, passengers flying from or into Europe on European airlines are protected under EC Regulation 261/2004, which offers up to €600 (around $700) EU Flight Delay Compensation.
• Globally, airlines are held accountable for luggage delays, flight cancellations, and even personal injuries during international travel under the Montreal Convention (MC99).

These regulations—DOT, EU261, and the MC99—protect passenger rights and ensure fair treatment during travel disruptions.

US Flight Delay Compensation

Flight delay compensation in the United States operates differently from the robust protections offered under the EU’s EC261. While the Federal Aviation Administration (FAA) does not mandate compensation for delayed flights, U.S. airlines are bound by specific rules and customer service policies to assist passengers during disruptions. Here’s what you need to know:

DOT Flight Delay Rights

In the U.S., airlines must fulfill all the commitments in their customer service plans, including providing assistance to customers during controllable delays or cancellations.

Starting in April 2024, as mandated by the U.S. Department of Transportation, airlines are required to refund passengers for canceled or delayed flights when they are responsible for a flight disruption.

Consumers are entitled to a refund of the ticket price and/or associated fees in cases such as significant delays, canceled flights, involuntary downgrades, optional service fees, baggage fees, and fully refundable tickets.

If your flight faces a significant delay, ask airline staff if they will cover meals, a hotel room, or compensate you for your waiting time. While some airlines offer these amenities, others may not provide support to stranded passengers.

US Airlines: Delayed Flight Services and Amenities

The following airlines have committed to providing these services and amenities: Alaska, Allegiant, American, Delta, Frontier, Hawaiian, JetBlue, Southwest, Spirit, and United.

Note: These rules apply to all domestic and international flights purchased from or operated by U.S. airlines. Below is a brief overview of the events for which you may be eligible for a refund from the airline.

US Airline Delay Refund Rules

• Significant Delay: Refunds are available if the airline causes a major schedule change or delay, and the passenger opts not to travel. The DOT evaluates eligibility case by case.
• Canceled Flights: Passengers can receive a full refund if the airline cancels the flight and they choose not to travel.
• Involuntary Downgrades: Refunds are owed for the fare difference when downgraded to a lower class of service.
• Optional Service Fees: Refunds apply for unused services, like baggage fees or seat upgrades, due to flight disruptions or cancellations.
• Baggage Fees: Refunds are provided if baggage is declared lost, typically between 5 and 14 days after the flight.
• Fully Refundable Tickets: Refunds are guaranteed if a fully refundable ticket goes unused, regardless of the reason.

EU Flight Delay Compensation

EU Regulation 261/2004 applies to all passengers, regardless of nationality, offering rights for EU flight delays:

Right to Care:

• Delays of 2+ hours: Free meals, refreshments, and accommodation (for overnight delays).
• Delays of 5+ hours: Refund applicable if you choose not to travel.

Compensation Eligibility:

• If your flight is delayed for more than 3 hours on arrival, departed from an EU airport, or arrived at an EU airport on an EU-regulated airline, you could request compensation under EU law.
• Airlines are exempt from compensation for delays caused by factors beyond their control, such as extreme weather, security risks, or emergencies.

Are US or non-EU passengers eligible for compensation under EU law?

While the passengers’ nationality may not always matter (e.g., EU261 applies to non-EU airlines for flights departing from the EU), the airline must adhere to the specific rules governing the flight’s route. In all cases, eligibility is determined by a combination of the flight’s route, jurisdictional coverage, and the regulation applicable to the airline operating the flight.

VAT Exemption for Non-EU Residents

Passengers residing outside the EU are exempt from VAT on EU flight claim services.

• Eligible Countries: USA, Canada, India, Japan, Brazil, China, and other non-EU nations.
• Benefit: ClaimFlights handles your case with no additional VAT, ensuring you only pay the net fee.

Note: This exemption may not apply to UK citizens.

Montreal Convention (MC99)

The Montreal Convention modernized passenger protections initially established by the Warsaw Convention, offering clearer rules for delays, baggage issues, and other disruptions. It ensures fair compensation for passengers while streamlining airline operations.

1. Luggage Issues:
   Up to 1,000 SDRs (approximately $1,314 USD) for lost, delayed, or damaged baggage.
2. Flight Delays and Cancellations:
   Delays: Compensation of up to 4,150 SDRs (around $5,452 USD).
   Cancellations: Compensation can reach 6,420 SDRs (nearly $10,914 USD) depending on circumstances.
3. Passenger Injury or Death:
   Airlines may be liable for up to 100,000 SDRs (approximately $131,383 USD) for serious injury or death during a flight.

As of today, MC99 is widely adopted, with over 130 countries being parties, including major aviation hubs. All claims must be submitted within two years of the incident. The International Monetary Fund (IMF) created SDRs as an international reserve currency based on a basket of major global currencies.

CAA Delayed Flight Compensation

The UK Civil Aviation Authority (CAA) enforces passenger rights for flight delays under UK261, a regulation adapted from EU261 after Brexit. Compensation eligibility depends on the delay duration, flight distance, and the cause of the delay.

UK261 Flight Delay Compensation Rules

UK261 is the UK’s version of the EU261 regulation, retained after Brexit with minor adjustments. It outlines passenger rights when flights are delayed, canceled, or overbooked.

UK law entitles you to delayed flight compensation for many flights to, from, or within the UK. The details provided here apply only to flights governed by UK regulations.

To qualify, your flight must meet one of the following criteria:

• Departing from a UK airport on any airline.
• Arriving at a UK airport on an EU or UK airline.
• Arriving at an EU airport on a UK airline.

Compensation Amounts by Flight Distance

Flight Distance	Amount Of Compensation
Short-haul (under 1,500km)	£220
Medium-haul (1,500km – 3,500km)	£350
Long-haul (over 3,500km, 4+ hour delay)	£520
Long-haul (over 3,500km, < 4-hour delay)	£260

When Can You Get Compensation for Delayed Flights?

Understanding your rights is key to securing compensation for flight delays. Here’s an overview of major regulations and their criteria:

EU261 (European Union)

• Eligibility: Flights delayed by 3 hours or more departing from or arriving in the EU on EU carriers.
• Conditions:

1. The delay must be within the airline’s control (e.g., operational or technical issues).
2. No compensation for delays caused by extraordinary circumstances, such as severe weather or security risks.

UK261 (United Kingdom)

• Similar to EU261, this applies to flights departing from or arriving in the UK on UK or EU carriers.
• Compensation is due if the delay exceeds 3 hours, is within the airline’s control, and is not due to extraordinary circumstances (e.g., bad weather).

DOT (U.S. Department of Transportation)

• Compensation is limited to delays caused by overbooking resulting in denied boarding. Airlines may offer meal vouchers, rebooking, or accommodations for extended delays.

MC99 (Montreal Convention 1999)

• Compensation is for provable damages (e.g., lost wages, missed connections) resulting from delays.
• Applicable to international flights involving countries that are signatories to the convention.

Key Takeaway

If your flight is delayed and you’re flying within the EU or on an EU carrier, EU261 provides the most robust compensation rights. Passengers in the UK are similarly protected under UK261, while DOT and MC99 offer limited or situational compensation options.

How Much Compensation for a Delayed Flight

The amount of compensation for a delayed flight depends on the governing regulation, flight distance, delay duration, and the cause of the delay. Here’s a breakdown of the key regulations and their compensation rules:

EU261 Flight Delay Compensation

DOT (U.S. Department of Transportation)

• No compensation for delays: For delays caused by reasons other than overbooking, such as weather or operational issues, U.S. airlines are not legally required to provide compensation. However, they may offer amenities like meals, hotel accommodations, or rebooking options, especially during long delays.
• Tarmac Delay: Compensation of up to 400% of one-way fare for extended delays. Airlines must provide food and water after 2 hours of tarmac delay.

Note: For delays unrelated to overbooking, U.S. airlines are not legally required to provide compensation. However, they may offer amenities like meal vouchers, hotel stays, or rebooking.

How to Get Compensation for a Delayed Flight?

Dealing with a flight delay can be frustrating, but following these steps can help you secure the compensation you’re entitled to:

1. Inquire About the Reason

• Ask the airline why your flight is delayed and request a written statement from their customer service team.
• Knowing the reason is crucial, as it determines your eligibility for compensation under regulations like EU261.

2. Gather Relevant Documents

• Boarding Pass and Flight Details: Keep your boarding pass, flight number, and departure/arrival details handy.
• Proof of Delay: Note the exact arrival time and take screenshots of the airline’s flight status.
• Correspondence: Retain any communication with the airline about the delay.

3. Check Eligibility for Compensation

• Regulation: Under EU261, you may be eligible for compensation if your flight was delayed by 3+ hours and the delay was caused by factors within the airline’s control (e.g., technical issues, staffing problems).
• Tools: Use an online flight compensation calculator to check your eligibility and estimate the amount you may receive.

4. Contact the Airline

• Reach Out: Contact the airline’s customer service team directly.
• Request Compensation: Provide flight details, explain how the delay affected your travel, and request compensation under the relevant regulation.
• Get Confirmation: Ensure you receive a written response from the airline detailing their stance on compensation.

5. Seek Legal Assistance

• Hire Experts: If the airline denies your claim, consult legal experts.
• No Win, No Fee Services: Companies like ClaimFlights can assist with filing claims under EU261 on a “no win, no fee” basis, ensuring you only pay if your claim is successful.

EU Flight Delay Compensation Time Limit

If you’ve experienced a flight delay under European law, it’s crucial to understand the time limits for filing a compensation claim under EU Regulation 261/2004. Here’s what you need to know:

• Three-Year Deadline: Generally, you must file your claim within three years of the flight’s departure date. Claims older than three years are no longer valid, meaning you could lose your right to compensation.
• Variations in Interpretation: In some cases, courts have interpreted the time limit differently, suggesting a two-year limit from the day of arrival or when you were informed about your rights, depending on the circumstances.

Tip: File your claim as soon as possible, whether it’s within the three-year period or earlier, to avoid missing out on the compensation you deserve for your delayed flight.

Your Questions Answered: Airline Delay Compensation

Is the Airline delay compensation per person or per booking?

Flight delay compensation is per person, not per booking. For instance, if four passengers are on the same ticket and are entitled to €600 each under EU law, the total compensation would be €2,400 for the group.

How do I demand compensation for a delayed flight?

To claim compensation:

1. Contact the Airline: Write to the airline using a Flight Compensation Sample Letter detailing your delay and requesting compensation.
2. Use a Compensation Service: Alternatively, hire a flight delay compensation service. These services handle paperwork and negotiations but charge a fee or percentage of your compensation.

Do airlines have to compensate for delays?

Yes, in many cases, airlines are required to compensate passengers for delays, but it depends on:

1. Location and Regulation: For example, in the EU, passengers are entitled to compensation under EU261 if the delay exceeds 3 hours and is within the airline’s control.
2. Cause of Delay: Airlines are exempt from compensating for delays caused by extraordinary circumstances, such as severe weather, security risks, or air traffic control issues.

Are airlines required to refund passengers for canceled or delayed flights?

New regulations from the D.O.T., effective April 2024, allow passengers to claim refunds in several scenarios involving flight cancellations and significant delays.

If a flight is canceled or delayed by more than 3 hours for domestic routes or more than 6 hours for international routes, passengers who decline the airline’s offer of alternative transportation or travel credits are eligible for a full refund.

This refund includes the ticket price and any taxes or fees associated with the flight. In addition to fare refunds, passengers will also be entitled to claim a refund for any fees paid for extra services such as Wi-Fi access, seat selection, or in-flight entertainment if the airline fails to deliver these services as promised.

This policy aims to improve passenger rights by ensuring that travelers are compensated for disruptions and unmet service expectations, ultimately encouraging better service reliability across the airline industry.

Can I claim compensation for delays due to bad weather?

No, airlines are not required to compensate for delays caused by extraordinary circumstances, such as bad weather, security risks, or air traffic control issues. However, they are obligated to provide assistance (meals, refreshments, or accommodations) during extended delays.

How long do I have to claim compensation?

1. EU: Typically, you have up to three years to file a claim, but this may vary by country.
2. US: In the U.S., claim deadlines may differ based on airline policies.

Filing your claim as soon as possible ensures you don’t miss the deadline.