When an airline must pay you for a delay

Whether an airline owes you money for a delay depends on the reason for the delay and where you flew from. In the United States, airlines are not required by federal law to pay passengers for delays — only for cancellations or overbooking. The European Union has much stricter rules: if your flight was delayed more than three hours due to the airline's fault, you can receive between €250 and €600 depending on flight distance.

The key word is fault. An airline does not owe compensation for delays caused by weather, air traffic control decisions, security threats, or mechanical problems that could not have been prevented. But delays caused by crew scheduling failures, maintenance that should have been caught earlier, or technical issues the airline could have avoided may may have access to for compensation under EU rules.

If you flew within, to, or from Europe on any airline, EU Regulation 261/2004 applies to you. If you flew entirely within the United States, you have fewer legal protections, though some airlines offer their own delay policies.

Key Takeaways

  • U.S. airlines are not required by federal law to compensate for delays, only for cancellations and overbooking.
  • European airlines and flights to or from Europe must pay €250 to €600 for delays over three hours caused by the airline, not by weather or air traffic control.
  • You must prove the delay was the airline's responsibility, not an external factor beyond their control.
  • Some airlines offer their own delay policies or vouchers even when not legally required, so check your airline's website or ticket terms.
  • Compensation claims in Europe can be filed directly with the airline or through a third-party claims service, though services charge a fee.

U.S. airline delay rules and what you can actually recover

The U.S. Department of Transportation does not require airlines to pay cash for delays. The only federal compensation rules cover cancellations, overbooking, and baggage damage. For a delay alone, you have no legal right to money from the airline under federal law.

What you may receive instead is a rebooking on the next available flight, a refund if you choose not to fly, or a travel voucher. Some airlines voluntarily offer meal vouchers, hotel rooms, or ground transportation if a delay is long enough — typically six hours or more — but this is their choice, not a legal requirement. Check your airline's contract of carriage (the fine print on their website) to see what they promise for delays.

If a delay was caused by the airline's own error — such as a crew member not showing up or a maintenance issue the airline knew about — you may have grounds for a complaint to the Department of Transportation, but this does not result in automatic payment. You can also pursue a small claims court case if the delay caused you direct financial loss, such as a missed connection you had to rebook at your own cost.

European compensation rules for delayed flights

If your flight departed from an EU airport, arrived at an EU airport, or was operated by an EU airline, EU Regulation 261/2004 applies. Under this rule, you are owed compensation if your flight arrived more than three hours late and the delay was caused by something the airline could have controlled.

The compensation amounts are fixed by distance:

  • €250 for flights up to 1,500 kilometers
  • €400 for flights between 1,500 and 3,500 kilometers
  • €600 for flights over 3,500 kilometers

The airline does not owe compensation if the delay was caused by extraordinary circumstances — weather, air traffic control strikes, security risks, or bird strikes. But they must prove this was the reason. If the airline cannot show documentation that the delay was truly beyond their control, you may still be owed compensation.

How to determine if the airline is at fault

The airline bears the burden of proving the delay was not their fault. You do not have to prove they were negligent; they have to prove they were not. This is a major difference from U.S. law, where you would need to show the airline caused the problem.

Common reasons airlines claim are not their fault: thunderstorms, snow, fog, air traffic control delays, and strikes by air traffic controllers or airport staff. Common reasons that are the airline's fault: mechanical failures the airline should have caught during routine maintenance, crew scheduling problems, overbooking, and technical issues with booking systems.

If the airline cancelled your flight and rebooked you on a later flight, and that later flight also arrived more than three hours late, you may still be owed compensation for the original delay. The three-hour window starts from when you actually arrived, not when you were supposed to arrive.

How to file a compensation claim in Europe

You can file a claim directly with the airline by sending a letter or email to their customer service department. Include your booking reference, flight number, scheduled and actual arrival times, and a copy of your boarding pass. The airline has between four and eight weeks to respond, depending on the country.

If the airline refuses or does not respond, you can file a complaint with your national aviation authority. In the UK, this is the Civil Aviation Authority. In Germany, it is the Luftfahrt-Bundesamt. Each EU country has its own enforcement body, and they can order the airline to pay.

You can also use a third-party claims service, which will file the claim on your behalf. These services typically charge 25 to 30 percent of the compensation you receive if successful. They handle the paperwork and follow-up, but you will receive less money than if you filed yourself.

What to do if your airline denies your claim

If the airline says the delay was caused by extraordinary circumstances, ask them for proof. They should provide weather reports, air traffic control statements, or maintenance logs. If they cannot produce this documentation, their denial may not hold up if you escalate to your national authority.

Keep copies of everything: your booking confirmation, boarding pass, any communications with the airline, and notes about when you arrived. If you had to pay for a hotel, meal, or rebooking out of pocket, keep those receipts too. These do not directly increase your compensation amount under EU rules, but they support your case if you pursue it further.

If you are in the EU and the airline refuses to pay after you file with your national authority, you can take the case to small claims court. The process varies by country, but most EU countries have streamlined small claims procedures for amounts under €2,000.

Airlines with their own delay policies

Some airlines offer compensation for delays even when not legally required. Southwest Airlines, for example, does not charge change fees and will rebook you free on the next flight if you are delayed. JetBlue offers travel vouchers for delays over three hours. These policies are not required by law in the U.S., but they are part of the airline's contract of carriage.

Check your airline's website under "Customer Service" or "Contract of Carriage" to see what they promise. Some airlines only offer vouchers, which you can use only for future flights. Others offer cash refunds or travel credits. The terms change, so it is worth checking before you file a complaint.

If an airline offers you a voucher and you would prefer cash, ask. Some airlines will negotiate, especially if you have status in their frequent flyer program or if the delay was clearly their fault.

Frequently Asked Questions

Can I get compensation for a delay if I missed a connecting flight?

If both flights were booked on the same ticket, the airline is responsible for getting you to your final destination. If the delay on the first flight caused you to miss the connection, the airline must rebook you at no cost. Under EU rules, you may also be owed compensation if you arrived at your final destination more than three hours late, even if the delay happened on a connecting flight.

What if the airline gave me a voucher instead of cash?

In the EU, airlines must offer cash compensation, not just vouchers. If they offer only a voucher, you can refuse it and pursue the cash compensation through your national authority. In the U.S., airlines can offer vouchers instead of cash, and you can accept or decline. If you decline, you may be able to request a refund instead, but the airline is not required to give you cash.

Do I have to accept a hotel or meal voucher to keep my compensation claim?

No. Under EU rules, the airline must provide meals and accommodation if you are delayed overnight, but accepting these does not waive your right to compensation. In the U.S., accepting a voucher or meal typically does not affect your right to pursue other claims, but read what you sign. If you sign a document saying you accept the voucher as full settlement, you may lose the right to claim more later.

How long do I have to file a compensation claim?

In the EU, you generally have between two and six years depending on the country. In the U.S., there is no federal important date, but individual states have different limits for small claims court, typically between one and four years. File as soon as possible after the delay to avoid losing evidence or having the airline claim they cannot find records.

Can I claim compensation if I booked through a travel agent or third-party website?

Yes. The airline is responsible for compensation, not the booking agent. File your claim directly with the airline using your booking reference. If you booked through a third-party site like Expedia or Kayak, you can still claim from the airline; the booking site is not involved in compensation decisions.