Key Difference: The European Union mandates airlines pay €250-€600 (approx. $270-$650) in cash compensation for delays of 3+ hours, while the United States offers automatic refunds only for cancellations or “substantial changes” with no mandatory cash compensation for delays. However, a new U.S. Senate proposal introduced in December 2025 seeks to align U.S. rules with EU standards, requiring $300-$600 compensation for 3+ to 6+ hour delays caused by airlines.
The Fundamental Difference: Compensation vs. Refunds
The most critical distinction between U.S. and EU flight delay regulations is that the EU guarantees cash compensation for passenger inconvenience, while the U.S. focuses on refunds for unused services. This difference reflects two completely different philosophical approaches to passenger rights:
| Aspect | United States (DOT) | European Union (EU 261/2004) |
|---|---|---|
| Type of Relief | Automatic refund of unused ticket or rebooking | Cash compensation for inconvenience + refund if passenger chooses |
| What Triggers Payment | Cancellation or “substantial change” to itinerary (NOT delay alone) | Delay of 3+ hours at final destination (NOT cancellation alone) |
| Compensation Amount | Zero for pure delays; refund if cancelled/substantially changed | €250-€600 per passenger, calculated by flight distance |
| Payment Method | Cash refund (as of October 2024 rule) | Cash or check (NOT vouchers) within specified time |
| Care/Assistance | Required only for cancellations (as of 2024); does NOT include meals for weather delays | Required from 2+ hours delay: meals, hotel, communications |
| Airline Fault Requirement | No compensation for weather delays; refund if airline-caused | Compensation only if airline-caused (weather = no compensation) |
| Passenger Control | Passenger must actively decline rebooking and refuse vouchers to get refund | Passenger can claim both compensation AND choose rebooking or refund |
US Flight Delay Compensation Rules (2025)
Current DOT Regulations (October 2024 Rule)
Important Clarification: The U.S. does NOT have mandatory cash compensation for delayed flights. Instead, the Department of Transportation requires airlines to provide automatic refunds if a flight is cancelled or substantially changed. Here’s what qualifies:
Automatic Refund Triggers (No Cash Compensation for Pure Delays)
- Domestic Flight Cancellation: Flight is cancelled for any reason
- Domestic Flight Delay Over 3 Hours: If the airline changes the flight to a significantly later time, it may qualify as a “substantial change” requiring a refund
- International Flight Cancellation: Flight is cancelled for any reason
- International Flight Delay Over 6 Hours: If airline substantially reschedules departure
- Change in Departure/Arrival Airport: E.g., JFK to Newark (counts as substantial change)
- Added Connections: Non-stop flight changed to connecting flight (counts as substantial change)
- Downgraded Service: First Class to Economy (counts as substantial change)
- Baggage Delay: If checked baggage not delivered within 12 hours of arrival
Refund Requirements Under Current DOT Rules:
| Scenario | Refund Obligation | Timeline |
|---|---|---|
| Cancellation (any reason) | Automatic full refund to original payment method | Within 7 days |
| Substantial change to itinerary | Automatic full refund if passenger declines rebooking | Within 7 days |
| Paid extras not used (seats, Wi-Fi, etc.) | Refund of paid extras if service not provided | Within 7 days |
| Baggage delayed 12+ hours | Compensation for reasonable expenses | Varies (case-by-case) |
| Pure delay (no cancellation) | NO COMPENSATION under DOT regulations | N/A |
U.S. Care and Assistance Requirements (2024)
Even without cash compensation, airlines must provide care and assistance for cancellations:
- Meals and Refreshments: For cancellations causing overnight delay
- Hotel Accommodation: When overnight stay is necessary
- Ground Transportation: Between airport and hotel
- Communications: Phone calls to notify others (timing varies by airline)
Note: These care requirements do NOT apply to weather-related delays/cancellations under current U.S. law, though the proposed legislation would change this.
The Proposed U.S. “Flight Delay and Cancellation Compensation Act” (December 2025)
A new Senate bill introduced in December 2025 would fundamentally change U.S. passenger rights by bringing them closer to EU standards. This proposal is NOT law yet and must pass Congress and be implemented by the DOT (likely 2026-2027 at earliest).
Proposed U.S. Cash Compensation (If Bill Passes):
| Delay Duration | Proposed Compensation | Status |
|---|---|---|
| 3+ hours (airline fault) | $300 minimum | Proposed, NOT law yet |
| 6+ hours (airline fault) | $600 minimum | Proposed, NOT law yet |
| Additional care (any airline-caused delay) | Meals, hotel, communications | Proposed, NOT law yet |
| Weather delays | Would require care assistance (currently exempt) | Proposed, NOT law yet |
⚠️ Important: U.S. Proposed Bill Status (January 2026)
As of January 2026, the “Flight Delay and Cancellation Compensation Act” remains a proposal. It is NOT a law and may not be enacted. The Trump administration has already scrapped a previous Obama-era compensation proposal in September 2025. Do NOT expect cash compensation for U.S. domestic flight delays until this bill is actually passed and implemented by the DOT.
EU Flight Delay Compensation Rules (2025-2026)
EU Regulation 261/2004 – Current Rules in Force
The European Union’s approach to flight delays is fundamentally different from the U.S.: airlines must pay cash compensation to compensate passengers for inconvenience and lost time when delays are airline-caused. This has been law for over 20 years and applies universally across EU/EEA countries.
Current EU Compensation Amounts (Valid Through 2025):
| Flight Distance | Minimum Delay for Compensation | Compensation Amount | Valid Until |
|---|---|---|---|
| Up to 1,500 km (short-haul) | 3+ hours at final destination | €250 (~$270) | Current (pending reform) |
| 1,500-3,500 km (medium-haul) | 3+ hours at final destination | €400 (~$430) | Current (pending reform) |
| Over 3,500 km (long-haul) | 3+ hours at final destination | €600 (~$650) | Current (pending reform) |
Critical: EU Reform Coming in 2026-2027
In June 2025, EU member states agreed on proposed reforms to EU 261 that would increase the delay threshold and reduce compensation amounts. While these changes haven’t become law yet, they’re likely to pass and be implemented by 2026-2027:
Proposed EU Compensation Changes (2026-2027):
| Flight Distance | NEW Delay Threshold | NEW Compensation Amount | Impact |
|---|---|---|---|
| Up to 3,500 km (short/medium-haul) | 4+ hours (was 3+) | €300 (was €250-€400) | Less compensation for shorter delays |
| Over 3,500 km (long-haul) | 6+ hours (was 3+) | €500 (was €600) | Higher threshold, lower payout |
EU Care and Assistance Requirements
In addition to cash compensation, EU airlines must provide care and assistance starting from shorter delay periods than the U.S.:
EU Care and Assistance Triggers (Regardless of Cause):
| Flight Distance | Minimum Delay for Care | What Airline Must Provide |
|---|---|---|
| Up to 1,500 km | 2+ hours | Meals, refreshments, hotel (if overnight), transport, 2 phone calls |
| 1,500-3,500 km | 3+ hours | Meals, refreshments, hotel (if overnight), transport, 2 phone calls |
| Over 3,500 km | 4+ hours | Meals, refreshments, hotel (if overnight), transport, 2 phone calls |
EU “Extraordinary Circumstances” Defense
Airlines in the EU can avoid paying compensation if they prove the delay was caused by “extraordinary circumstances” beyond their control and they took all reasonable steps to prevent the delay. This includes:
- Weather conditions incompatible with safe flight operations
- Air traffic control restrictions
- Security risks or security checks
- Unexpected technical defects discovered during maintenance
- Strikes by airline staff (in some cases)
Important: The EU Court of Justice interprets “extraordinary circumstances” strictly. Airlines cannot avoid compensation by claiming mechanical problems that resulted from inadequate maintenance or using faulty parts.
EU Passenger Choice: Compensation OR Rebooking OR Refund
EU passengers have flexibility that U.S. passengers don’t have. For delayed flights, you can:
- Accept cash compensation AND take rebooking on next flight
- Reject the flight and get full refund of ticket price
- Be rebooked on another airline at no cost if airline flight is fully booked
Quick Comparison: When You’re Entitled to Payment
| WHO Gets Paid and HOW MUCH | ||
|---|---|---|
| Scenario | US (Current) | EU (Current) |
| Flight delayed 4 hours (airline fault) | No cash compensation; refund only if you decline flight | €250-€600 depending on distance + meals/hotel/communications |
| Flight delayed 8 hours (weather) | No cash compensation; no care requirements | No cash compensation BUT airlines must provide meals/hotel/communications |
| Flight cancelled (airline fault) | Full refund + meals/hotel for overnight delay | €250-€600 cash compensation + meals/hotel + option for refund |
| Flight rescheduled 2 days later | Refund if you decline rebooking | €250-€600 cash compensation PLUS rebooking or refund |
| No-show or passenger error | No compensation; no refund | No compensation; no refund |
How to Claim Flight Delay Compensation
US Claim Process (For Refunds)
- Check if your flight qualifies: Was it cancelled or substantially changed? If it’s just delayed, you need to decline rebooking to get a refund.
- Contact airline customer service within 30 days with your booking confirmation, boarding pass, and proof of paid extras
- Request specific refund: “I was involuntarily rebooked/my flight was cancelled. I want a full refund to my original payment method.”
- Follow up in writing if verbal request isn’t honored. Email the airline with documentation
- If airline refuses: File complaint with DOT at transportation.gov or file chargeback with credit card company
- Timeline: Airlines must issue refund within 7 days
EU Claim Process (For Compensation)
- Gather documentation: Booking confirmation, boarding pass, ticket price, proof of arrival time at final destination
- Calculate compensation: Based on flight distance (€250-€600) and delay at final destination (3+ hours)
- Contact airline directly: Most EU airlines have online compensation claim forms on their websites
- Submit written claim: Email with all documents to airline’s customer service
- Timeline: EU airlines typically respond within 30-60 days; they’re required to pay within 2-3 months
- If airline refuses: Use third-party claim services (FlightRight, AirHelp, etc.) or escalate to national aviation authority
Real-World Examples: How Payment Works
Example 1: 4-Hour Delay on London to New York Flight (Mechanical Issue)
Airline: British Airways
Flight: London (LHR) to New York (JFK)
Distance: 5,500 km (long-haul)
Delay: 4 hours at final destination (mechanical repair)
Your ticket price: £600 ($750 USD)
U.S. Rule (If departing from US airport): You arrive 4 hours late, but the flight operated as scheduled (just delayed). Under current DOT regulations, you receive NO compensation. You only get a refund if you actively decline the rebooking and refuse vouchers.
EU Rule (If departing from EU airport): You get €600 in cash compensation (flight is over 3,500 km) PLUS meals, hotel (if overnight), and communications PLUS you can still choose rebooking or get a refund for the ticket. Total value: €600 compensation + accommodations + possible refund = potentially €1,200+ total value.
Example 2: 3.5-Hour Delay on Paris to Berlin Flight (Weather)
Flight: Paris (CDG) to Berlin (BER)
Distance: 880 km (short-haul)
Delay: 3.5 hours at final destination (thunderstorm)
Your ticket price: €100
U.S. Rule: Weather delays receive no compensation (weather is “extraordinary”). No care requirements. You get nothing under DOT regulations.
EU Rule (Current): Even though it’s weather (extraordinary circumstance), airlines MUST provide meals, refreshments, and communications from 2+ hour delay. You don’t get €250 cash compensation (weather defense), but you get meals and hotel valued at €50-150. Starting 2026-2027 under proposed reform, you’d still get nothing (threshold increasing to 4 hours).
Key Takeaways for International Travelers
Quick Reference: Where Am I Flying?
- Domestic U.S. flight delayed: No cash compensation; no care unless cancelled; only get refund if you decline rebooking
- U.S. to EU or EU to U.S. on EU airline: EU 261 applies if departing from EU airport; EU compensation rules (€250-€600)
- U.S. to EU or EU to U.S. on U.S. airline: U.S. rules apply (no compensation, refund only for cancellation)
- Within EU on any airline: Full EU 261 protection (€250-€600 compensation + care)
- Departing from UK airport: UK has kept EU 261 rules (€220-£520 in GBP equivalent)
The Future: Will U.S. Catch Up to EU?
The December 2025 Senate proposal demonstrates growing momentum to align U.S. passenger rights with EU standards. Key differences in the proposed bill:
| Proposed U.S. Changes (If Bill Passes) | ||
|---|---|---|
| Current U.S. Rule | Proposed U.S. Rule | Would Match EU? |
| No compensation for delays | $300-$600 for 3-6+ hour delays | Approximately |
| Care only for cancellations | Care (meals/hotel) for any significant delay | Similar to EU |
| Weather delays = no care | Care required even for weather delays | Better than EU |
| Distance-independent | Same amount regardless of distance | No (EU uses distance-based tiering) |
Bottom Line for Travelers (January 2026)
U.S. travelers have significantly fewer rights than EU travelers. If you’re flying internationally, your rights depend entirely on which airport you depart from and which airline operates the flight. Until the U.S. Congress passes compensation legislation (which faces political uncertainty), American passengers should expect NO cash compensation for flight delays, only refunds for cancellations. The proposed bill represents progress, but it’s not law yet.