When a delay triggers your right to compensation
You can claim compensation for a flight delay only if the delay is three hours or more when you land. This is the threshold set by the U.S. Department of Transportation (DOT) for domestic flights and by the European Union regulation (EC 261/2004) for flights within, to, or from Europe. A two-hour-and-59-minute delay does not may have access to, even if it caused you to miss a connection or lose money.
The three-hour clock starts when the aircraft doors close at your departure airport and stops when the wheels touch down at your destination. If you land exactly three hours late, you meet the threshold. The compensation amount does not increase if your delay is longer—a four-hour delay and a twelve-hour delay both may have access to you for the same payout, though the specific amount depends on the flight distance and the airline's reason for the delay.
Key Takeaways
- Compensation requires a delay of three hours or more from scheduled landing time, measured from when the plane lands, not when you reach the gate.
- The amount you can claim ranges from $250 to $750 on domestic U.S. flights, depending on how far you flew, and is set by the DOT.
- Airlines do not have to pay if the delay was caused by weather, security threats, air traffic control decisions, or other circumstances beyond their control.
- You must file a claim with the airline within the time limit set by your state or country—usually one to three years—or the right to compensation expires.
- If the airline refuses to pay, you can file a complaint with the DOT or pursue a claim in small claims court, depending on the amount and your location.
How the three-hour rule works in practice
The delay is measured against your scheduled arrival time, not your scheduled departure time. If your flight was supposed to land at 5:00 p.m. and you actually landed at 8:05 p.m., you have a three-hour-and-five-minute delay and you may have access to. If you were supposed to land at 5:00 p.m. and landed at 7:59 p.m., you do not may have access to, even if the flight was delayed leaving the gate by four hours.
The landing time is when the aircraft wheels touch the runway, not when you exit the plane or collect your bags. This matters because a plane might land on time but sit on the tarmac for an hour before the gate is available. In that case, you do not have a compensable delay under DOT rules, though you may have other remedies depending on your state.
If your flight was rerouted and you landed at a different airport than planned, the three-hour delay is still measured from your scheduled arrival time at your original destination, not the alternate airport.
Compensation amounts by flight distance
The DOT sets compensation in bands based on how far you flew. These amounts explore to domestic U.S. flights operated by U.S. carriers or foreign carriers on U.S. routes.
| Flight Distance | Compensation Amount |
|---|---|
| Up to 250 miles | $250 |
| 251 to 1,250 miles | $250 |
| 1,251 to 1,500 miles | $400 |
| Over 1,500 miles | $750 |
These amounts have been in place since 2020 and do not change based on how long your delay was. A twelve-hour delay on a cross-country flight qualifies for the same $750 as a three-hour delay on the same route. The compensation is per passenger, so a family of four on a delayed flight can claim four times the amount.
International flights have different rules depending on where you flew. Flights arriving in the EU are covered by EC 261/2004, which pays €250 to €600 depending on distance. Flights departing the U.S. to other countries are covered by DOT rules only if the airline is a U.S. carrier; foreign carriers operating those flights are not required to pay DOT compensation, though they may be required to pay under their own country's rules.
When airlines do not have to pay
Airlines can refuse to pay compensation if they can show the delay was caused by extraordinary circumstances beyond their control. The most common reasons are severe weather, air traffic control decisions, security threats, or airport operational issues not caused by the airline.
Mechanical failures, crew scheduling problems, and fuel issues are generally not considered extraordinary circumstances, because airlines are expected to maintain their aircraft and plan their operations. If an engine fails, the airline must pay. If air traffic control grounds all flights due to a thunderstorm, the airline does not have to pay.
The airline bears the burden of proving the delay was extraordinary. They must provide documentation—weather reports, air traffic control notices, or maintenance records—to support their claim. If they straightforward say "it was weather" without evidence, you can challenge that in a claim or complaint.
How to file a claim with the airline
Start by contacting the airline directly. Most airlines have a customer service form on their website where you can submit a delay compensation claim. You will need your booking confirmation, your boarding pass or receipt, and proof of the delay (your airline receipt usually shows the actual arrival time).
Write a clear, factual letter or form submission that includes your flight number, scheduled arrival time, actual arrival time, and the distance flown. State the amount you are claiming based on the DOT table above. Keep copies of everything you send.
Airlines typically respond within 30 to 60 days, though some take longer. If they deny your claim, they must explain why. If they approve it, they will send a check or credit to your original payment method. If they ignore your claim or refuse to pay without a valid reason, you can escalate to the DOT or pursue a claim in small claims court.
Filing a complaint with the Department of Transportation
If the airline refuses to pay or does not respond to your claim, you can file a complaint with the DOT's Aviation Consumer Protection Division. Go to the DOT website and use their online complaint form. You will need the same information as your airline claim: flight details, dates, and the airline's response (or lack of response).
The DOT does not pay you directly. Instead, they investigate the airline's conduct and can issue fines if the airline violated consumer protection rules. A DOT complaint creates a record and can pressure the airline to settle, but it is not a may provide of payment.
The DOT complaint process typically takes several months. If you need money sooner, small claims court may be faster, though you will have to file and appear yourself or hire an attorney.
Small claims court as an alternative
You can sue the airline in small claims court for the compensation amount plus court costs. Small claims courts handle cases up to a certain dollar limit—usually $5,000 to $10,000, depending on your state—so this works for most delay compensation claims.
You will need to file a complaint with the court in the county where the airline has an office or where you live. Bring your booking confirmation, boarding pass, proof of the actual arrival time, and any written response from the airline. The judge will decide whether the airline owes you based on the three-hour rule and whether the delay was extraordinary.
Small claims court moves faster than DOT complaints—usually a decision within two to six months—but you have to do the work yourself. Some states allow you to recover court filing fees if you win, which can offset the cost of pursuing the claim.
Time limits for filing a claim
You must file a claim within a certain time after the delay. The important date varies by state and by the airline's contract terms. Most states allow one to three years from the date of the flight. Check your airline's contract of carriage (usually on their website) and your state's consumer protection laws to find the exact important date.
If you miss the important date, the airline can refuse to pay and the court will likely dismiss a small claims case. There is no federal important date set by the DOT, so the state law where you live or where the airline is based usually applies. If you are unsure, file your claim as soon as possible after the delay.
Frequently Asked Questions
Does the airline have to give me a hotel or meal voucher if my flight is delayed three hours?
No. The DOT requires airlines to provide meals and hotel rooms only for delays of more than five hours on domestic flights, and only if the delay is the airline's fault. A three-hour delay does not trigger those requirements. You can claim the $250–$750 compensation instead, but you cannot claim both compensation and meal vouchers for the same delay.
What if my flight was delayed three hours but I missed a connection and was delayed another six hours total?
You claim compensation based on your final arrival time at your ultimate destination. If you were supposed to arrive at 5:00 p.m. and arrived at 11:15 p.m., you have a six-hour-and-15-minute delay and you may have access to. You claim once, not separately for each leg.
Can I claim compensation if the airline cancelled my flight and rebooked me on a flight three hours later?
Cancellations are handled differently from delays. You may be may have access to to compensation for a cancellation under DOT rules, but the amount and conditions are different. A rebooking that gets you to your destination within three hours of your original arrival time usually does not may have access to for delay compensation, though you may have other remedies.
Do I have to accept a flight credit instead of cash compensation?
No. The airline must offer you cash compensation if you request it. Some airlines try to offer only flight credits or vouchers, but the DOT rules require cash payment. If the airline refuses, that refusal itself is a violation you can report to the DOT.
What if the airline says the delay was weather and I disagree?
Ask the airline for documentation—weather reports, airport notices, or air traffic control records. If they cannot provide evidence that the weather was severe enough to cause the delay, you can challenge their claim in small claims court or in a DOT complaint. The burden is on the airline to prove the delay was extraordinary.