The delay threshold depends on where you flew and how far

The amount of time your flight can be delayed before compensation kicks in is not the same everywhere. In the United States, there is no federal rule that requires airlines to pay you for delays — no matter how long. The European Union, Canada, and some other countries have set specific thresholds, typically between two and three hours depending on flight distance.

If you flew within, to, or from the EU, you are protected by EU Regulation 261/2004. This rule says airlines must compensate passengers for delays of three hours or more at the final destination, unless the delay was caused by extraordinary circumstances (severe weather, air traffic control strikes, security risks). The compensation amount ranges from €250 to €600 depending on flight distance.

If you flew in the United States, your airline is required by the Department of Transportation to get you to your destination or refund your ticket, but they do not have to pay you extra money for the delay itself. Some airlines offer vouchers or rebooking on other flights as a courtesy, but this is their choice, not a legal requirement.

Key Takeaways

  • EU passengers are may have access to to compensation for delays of three hours or more at final destination, unless the airline can prove extraordinary circumstances.
  • US airlines have no federal obligation to compensate passengers for delays, though they must rebook you or refund your ticket.
  • Canada requires compensation for delays of three hours or more on flights under 6,000 kilometres, and six hours or more on longer flights.
  • The compensation amount in the EU ranges from €250 to €600 based on flight distance and is paid by the airline, not an insurance company.
  • You must claim compensation within the time limit set by your country's rules — typically between two and six years depending on where you live.

EU rules: three hours is the threshold

Under EU 261/2004, a delay counts from the moment the aircraft doors close at your final destination, not when you land. If you arrive three hours late or more, the airline owes you compensation unless they can prove the delay was caused by something outside their control — bad weather, air traffic control problems, security threats, or bird strikes.

The compensation is a fixed amount based on distance: €250 for flights up to 1,500 kilometres, €400 for flights between 1,500 and 3,500 kilometres, and €600 for flights over 3,500 kilometres. This applies to all passengers on the flight, including children, and the airline pays it directly — you do not need travel insurance to claim it.

The airline must also provide meals, refreshments, two phone calls or emails, and accommodation if you are delayed overnight. If they fail to offer these, you can claim the cost yourself and ask the airline to reimburse you.

US rules: no compensation requirement for delays

The Department of Transportation does not require US airlines to pay compensation for flight delays. The airline's legal obligation is to either get you to your destination or refund your ticket price. They do not have to pay you money for your time, missed connections, hotel stays, or meals.

Some airlines have their own policies that offer vouchers, meal credits, or hotel reimbursement for delays over a certain length — often four to six hours — but these are voluntary. Check your airline's website or your ticket terms to see what they offer. These policies can change, and the airline is not legally bound to follow them if they choose not to.

If your flight was cancelled or significantly delayed due to the airline's own fault (maintenance, crew scheduling, overbooking), you may have grounds for a lawsuit, but this requires proving the airline was negligent. This is different from EU compensation, which does not require you to prove fault.

Canada: two thresholds based on flight length

Canada's Air Passenger Protection Regulations set two delay thresholds. For flights under 6,000 kilometres, the airline must compensate you if you arrive three hours or more late. For flights of 6,000 kilometres or more, the threshold is six hours.

The compensation amounts are: CAD $400 for flights under 2,000 kilometres, CAD $700 for flights between 2,000 and 3,500 kilometres, and CAD $1,000 for flights over 3,500 kilometres. Like the EU rule, the airline does not have to pay if the delay was caused by extraordinary circumstances.

Canadian airlines must also provide meals, accommodation, and communication services during the delay, similar to EU requirements. You can claim these costs if the airline does not provide them.

What counts as an extraordinary circumstance

Airlines often claim that a delay was caused by something beyond their control to avoid paying compensation. Legitimate extraordinary circumstances include severe weather, air traffic control strikes or restrictions, security threats, and mechanical faults that could not have been prevented by proper maintenance.

What does not count as extraordinary: crew scheduling problems, mechanical faults that resulted from poor maintenance, overbooking, or the airline running out of fuel. The airline must prove the circumstance was truly unforeseeable and that they took all reasonable steps to prevent or minimise the delay.

If an airline claims extraordinary circumstances, ask them for written proof — a weather report, air traffic control notice, or maintenance log. Many airlines deny compensation without evidence, hoping passengers will not push back. Providing documentation strengthens your claim if you decide to pursue it.

How to claim compensation

In the EU, you can file a claim directly with the airline within two to three years (depending on your country). Send a written request with your booking reference, flight details, and proof of the delay. Many airlines have online claim forms on their websites.

If the airline refuses or does not respond within a reasonable time, you can file a complaint with your national aviation authority or use an alternative dispute resolution service. Some countries have free ombudsman services for flight disputes.

In the US, you can file a complaint with the Department of Transportation, but this does not result in compensation — it creates a record that may pressure the airline to respond. You would need to pursue a lawsuit in small claims or civil court to recover money.

In Canada, you can file a complaint with the Canadian Transportation Agency, which can order the airline to pay compensation if it finds in your favour.

Time limits for filing a claim

The important date to claim compensation varies by location. In the EU, you typically have two to six years depending on your country — check your national rules. In Canada, you have two years from the date of the flight. In the US, there is no specific important date set by federal law, but your state's statute of limitations for contract disputes usually applies, which is typically three to six years.

Do not wait. Airlines sometimes dispute claims that are filed long after the flight, arguing that you have no proof or that you accepted the delay by not complaining at the time. File as soon as you have the information you need, ideally within a few months of the flight.

Frequently Asked Questions

Does my airline have to tell me about compensation rules?

No. Airlines are required to display compensation information at check-in and on their websites in the EU, but many do not. In the US and Canada, there is no requirement to inform you. You are responsible for knowing your rights.

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

In the EU and Canada, you have the right to cash compensation, not a voucher. If the airline offers only a voucher, you can refuse it and claim the cash amount instead. In the US, airlines can offer vouchers, and you can accept or decline — there is no legal requirement either way.

Can I claim compensation if I missed a connecting flight because of the delay?

Yes, if the connecting flight was booked on the same ticket. The delay is measured from when you arrive at your final destination, not your first stop. If the connecting flight was a separate booking, you would need to claim compensation for that flight separately if it was also delayed.

Do I need a lawyer to claim compensation?

No. You can file a claim yourself by contacting the airline directly. Some companies offer to file claims for you in exchange for a percentage of the compensation, but you do not need them. If the airline refuses, you can use your country's dispute resolution service, which is usually free or low-cost.

What if the airline says the delay was my fault?

Airlines sometimes blame passengers for delays caused by overbooking or crew problems. Unless you caused the delay yourself — for example, by missing a connection — the airline is responsible. Ask for written proof of what caused the delay before accepting their explanation.