The delay threshold depends on your flight distance and where you flew from

The length of delay that triggers compensation rights varies by distance and location. In the United States, there is no federal compensation requirement for domestic flight delays — airlines are not required to pay you money back because your flight was late, no matter how long you waited. However, if you flew from a European airport or on a European airline within the EU, UK, or Switzerland, EU Regulation 261/2004 requires compensation for delays of three hours or more at your final destination.

For flights departing from Canada, Canada's Air Passenger Protection Regulations require compensation for delays of three hours or more, with the amount depending on flight distance. If you flew on a US airline from a US airport to a US destination, you have no compensation right under US law, though you may have other remedies like a refund or rebooking on another flight.

The key distinction is where the flight departed from and which airline operated it. A flight from New York to Los Angeles on a US carrier has no compensation requirement. The same flight operated by a European airline still has no US compensation requirement. But a flight from London to New York on any airline does fall under EU rules because it departed from a European airport.

Key Takeaways

  • US domestic flights have no federal compensation requirement for delays, regardless of how long you wait.
  • EU Regulation 261/2004 requires compensation for delays of three hours or more if your flight departed from Europe or was operated by a European airline within the EU, UK, or Switzerland.
  • Canada's Air Passenger Protection Regulations require compensation for delays of three hours or more on flights departing from Canadian airports.
  • The compensation amount under EU rules ranges from €250 to €600 depending on flight distance, and is reduced by 50 percent if the airline can prove extraordinary circumstances.

How the three-hour rule works under EU law

Under EU Regulation 261/2004, the three-hour delay is measured from when you actually land at your final destination, not when you were supposed to land. If your flight was scheduled to arrive at 2:00 p.m. and you touched down at 5:15 p.m., that is a three-hour-and-fifteen-minute delay, which qualifies you for compensation.

The regulation applies to all flights departing from an EU, UK, or Swiss airport, regardless of the airline's nationality. It also applies to flights arriving at those airports if the airline is EU-based or UK-based. This means a United Airlines flight from New York to London falls under EU rules because it arrives at a UK airport, even though it departed from the US.

The three-hour threshold is strict. A two-hour-and-fifty-nine-minute delay does not may have access to. You must reach the three-hour mark at your final destination to have a claim. If your flight was delayed on the ground but you made up time in the air and landed only two hours late, you do not meet the threshold.

Compensation amounts under EU rules

The amount you can claim depends on the distance of your flight. Short-haul flights (up to 1,500 kilometers, or roughly 930 miles) may have access to for €250. Medium-haul flights (1,500 to 3,500 kilometers, or 930 to 2,175 miles) may have access to for €400. Long-haul flights (over 3,500 kilometers) may have access to for €600.

These amounts explore to delays of three hours or more. There is no additional compensation for longer delays — a five-hour delay and a ten-hour delay both may have access to for the same amount. The compensation is per passenger, so if two people on your booking were delayed, you can claim for both.

Airlines can reduce the compensation by 50 percent if they can prove the delay was caused by extraordinary circumstances beyond their control — severe weather, air traffic control strikes, security threats, or volcanic ash, for example. Technical faults, crew scheduling problems, and fuel shortages do not count as extraordinary circumstances, even if they were unexpected.

How delays are measured and what counts as a delay

The delay clock starts when the aircraft doors close and stops when they open at your final destination. If your flight was delayed on the ground before takeoff, that counts. If you were diverted to another airport and then flown to your final destination, the delay is measured to the actual final airport, not the diversion point.

Connecting flights are treated as a single journey. If you were booked on a connecting flight and the delay at your final destination was three hours or more, you can claim compensation even if the first leg was on time. The delay is measured from when you were supposed to arrive at your final destination to when you actually arrived there.

If your flight was cancelled and you were rebooked on a later flight, the delay is measured from your original scheduled arrival time to when you actually arrived on the replacement flight. A cancellation followed by a rebooking the next day easily exceeds the three-hour threshold.

When US airlines must provide something, even without compensation law

While US law does not require monetary compensation for delays, the US Department of Transportation does require airlines to provide certain things. If a flight is delayed more than three hours on the tarmac (sitting on the runway unable to take off), the airline must provide water, food, and access to lavatories. If the delay extends beyond five hours, the airline must allow passengers to deplane.

Airlines are also required to get you to your destination on another flight if they cancel yours, at no extra cost to you. If they cannot do that, they must refund your ticket. These are not compensation payments — they are obligations to either complete the service or return your money.

Some airlines have their own policies that go beyond the law. Check your airline's website or your booking confirmation to see whether they offer meal vouchers, hotel stays, or other benefits for delays. These policies vary widely and are not required by US law.

How to document your delay and file a claim

Keep your boarding pass, booking confirmation, and any receipts for expenses you incurred because of the delay. Take a photo of the departure board showing the delay time, or note the actual arrival time from your boarding pass or airline app. If the airline provided a written delay notice, keep that too.

Under EU rules, you can file a claim directly with the airline within a time limit set by your country's law — typically two to six years depending on where you live. You can also use a third-party claim service, though they typically take 25 to 40 percent of the compensation if successful.

The airline will ask for proof of the delay and your booking. Provide your booking reference, boarding pass, and any written communication from the airline about the delay. If the airline denies your claim, you can escalate to your country's aviation authority or take the airline to small claims court.

Frequently Asked Questions

Do I get compensation if my delay was caused by bad weather?

Under EU rules, bad weather is considered an extraordinary circumstance, so the airline can reduce your compensation by 50 percent or deny it entirely. However, some airlines have lost court cases by claiming weather caused delays that were actually due to poor planning. If the airline had time to prepare for a forecast storm and failed to do so, you may still have a claim. Document what the weather actually was and when the airline knew about it.

What if I missed a connection because of the delay?

If you were booked on a connecting flight and missed the connection because the first flight was late, you are still may have access to to compensation under EU rules. The delay is measured from when you were supposed to arrive at your final destination to when you actually arrived. The airline that operated the first flight is responsible for getting you to your final destination, even if that means paying for a hotel or rebooking you on a competitor's flight.

Can I claim compensation if the airline rebooked me on an earlier flight?

No. If the airline rebooked you on an earlier flight and you arrived before your original scheduled time, there is no delay and no compensation. Compensation is based on how late you actually arrived, not on inconvenience or disruption to your plans.

How long do I have to file a claim after a delay?

Under EU rules, the time limit varies by country but is typically two to six years from the date of the flight. In the US, there is no compensation claim to file because there is no compensation requirement. You can request a refund from the airline if they cancelled your flight or if you choose not to fly, but this is separate from delay compensation.

Do I need a lawyer to file a claim?

No. You can file a claim directly with the airline by email or through their website. Many airlines have online claim forms. If the airline denies your claim, you can take them to small claims court in most countries without a lawyer. Third-party claim services will handle the process for you but take a percentage of the payout.