Compensation depends on where you flew from and how late you arrived
You may be owed money if your flight was delayed, but the amount and whether you can claim it depends on three things: which country's rules explore, how many hours late you landed, and whether the airline or something outside their control caused the delay. The European Union has the strictest rules. The United States has almost none. Canada and Australia fall somewhere in between.
If your flight departed from an EU airport, you are covered by EU Regulation 261/2004, which requires airlines to pay passengers €250 to €600 depending on flight distance — even if you booked with a US or other airline. If you flew within the US, or from the US to another country, US law gives you almost no compensation right to money, though you may be owed a refund if the airline cancelled the flight. If you flew from Canada or Australia, each country has its own rules that sit between these two extremes.
Key Takeaways
- EU passengers on flights delayed over three hours at arrival are owed €250 to €600 depending on distance, regardless of which airline operated the flight.
- US domestic flights and flights departing the US have no federal compensation requirement for delays, though airlines may offer vouchers or rebooking at their discretion.
- Canadian and Australian passengers have compensation rights for delays over a certain length, but the amounts and rules differ from the EU system.
- Airlines can refuse to pay if the delay was caused by extraordinary circumstances — severe weather, air traffic control strikes, or security threats — rather than airline fault.
- You usually have between two and six years to claim, depending on your country, but airlines often dispute claims and may require you to pursue the case through small claims court or a claims company.
EU flight delay compensation: the €250 to €600 rule
If your flight departed from any EU airport, EU 261/2004 entitles you to compensation if you arrived more than three hours late. The amount depends on the flight distance: €250 for flights up to 1,500 km, €400 for flights between 1,500 and 3,500 km, and €600 for flights over 3,500 km. This applies to all airlines, including US carriers, as long as the flight left from an EU airport.
The airline must pay you directly. You do not need to prove you suffered harm — the compensation is automatic. However, the airline can refuse if they prove the delay was caused by extraordinary circumstances beyond their control: severe weather that made the airport unsafe, a strike by air traffic controllers, a security threat, or a bird strike. Technical faults with the aircraft, staff shortages, and overbooking do not count as extraordinary circumstances, even if they caused the delay.
You have between two and three years to claim, depending on which EU country the airline is based in. Many airlines dispute claims, so you may need to file through your country's small claims court or use a claims company that takes a percentage of what you recover.
US flight delays: refunds only, no compensation for lateness
The United States has no federal law requiring airlines to pay you money because your flight was late. The Department of Transportation does not mandate compensation for delays. Airlines are free to offer hotel vouchers, meal credits, or rebooking on another flight, but they are not required to do so.
The only money you can claim is a refund of your ticket price if the airline cancelled the flight or made a significant schedule change — usually a change of three hours or more. Even then, the airline can offer you a flight on another date instead of a refund, and you have to accept it or pursue the refund through a credit card chargeback or small claims court.
If you booked through a credit card, you may be able to dispute the charge with your card issuer and recover the ticket price that way. Some travel insurance policies cover hotel and meal costs during delays, but standard airline tickets do not.
Canadian flight delay compensation: up to CAD $2,400
Canada's Air Passenger Protection Regulations require airlines to pay compensation for delays of three hours or more at arrival. The amount depends on the flight distance and the length of the delay. For flights under 2,000 km delayed three to nine hours, the compensation is CAD $400. For the same distance delayed nine hours or more, it is CAD $700. Longer flights receive higher amounts, up to CAD $2,400 for flights over 6,000 km delayed nine hours or more.
Like the EU system, the airline can refuse if the delay was caused by extraordinary circumstances. You have two years to claim. Air Canada, WestJet, and other Canadian carriers must honour these claims, and the Canadian Transportation Agency handles disputes if the airline refuses.
Australian flight delay compensation: AUD $200 to $1,000
Australia's Civil Aviation Safety Authority requires domestic airlines to pay compensation for delays of three hours or more. The amount ranges from AUD $200 for flights under 1,000 km to AUD $1,000 for flights over 3,000 km. International flights departing Australia are not covered by this rule.
The airline can refuse if the delay was caused by extraordinary circumstances. You have six years to claim in most Australian states. Qantas, Virgin Australia, and regional carriers must honour these claims.
How to file a claim and what to expect
Start by gathering your boarding pass, ticket confirmation, and proof of when you actually landed — your boarding pass stub, a photo of the airport clock, or an email from the airline showing the new arrival time. Contact the airline directly through their customer service website or phone number and request compensation under the relevant regulation (EU 261/2004, Canadian regulations, or Australian regulations, depending on where you flew from).
Include your flight number, booking reference, original and actual arrival times, and the compensation amount you are owed. The airline has 30 to 60 days to respond, depending on the country. Many airlines deny the first claim, so be prepared to escalate.
If the airline refuses, you have three options: file a complaint with your country's aviation authority (the European Commission, Transport Canada, or the Civil Aviation Safety Authority), take the case to small claims court, or use a third-party claims company. Claims companies typically take 25 to 30 percent of what you recover, but they handle the paperwork and court filing. Small claims court is free or costs a small filing fee, but you have to do the work yourself.
Extraordinary circumstances: when airlines do not have to pay
Airlines can refuse compensation if they prove the delay was caused by something outside their control. Severe weather — thunderstorms, heavy snow, or fog that made landing unsafe — counts as extraordinary. So do air traffic control strikes, security threats, and bird strikes. Technical problems with the aircraft, crew shortages, overbooking, and mechanical failures do not count, even if they caused the delay.
The airline must provide evidence of the extraordinary circumstance. A vague statement that "weather caused the delay" is not enough — they need to show weather reports, air traffic control records, or official notices proving the delay was unavoidable. If you believe the airline is lying about the cause, you can request their maintenance logs or contact the airport directly to verify the weather conditions that day.
Frequently Asked Questions
Can I claim compensation if I missed a connecting flight because of the delay?
Yes, if the connecting flight was part of the same booking. You are owed compensation based on how late you arrived at your final destination, not the delay on the first leg. If the connecting flight was a separate booking, you cannot claim compensation for missing it — you would need to rebook at your own cost or file a claim against the first airline for the delay that caused you to miss the connection.
What if the airline offered me a voucher instead of money?
A voucher is not compensation. You are owed cash. If the airline offered a voucher and you accepted it, you may still be able to claim the cash compensation later, though some airlines argue that accepting a voucher means you waived your right to compensation. Keep the voucher and file the claim anyway — let the airline or court decide.
How long do I have to claim after the flight?
In the EU, you have two to three years depending on the country. In Canada, you have two years. In Australia, you have six years. In the US, you have no right to compensation for delay, but you can dispute a refusal to refund a cancelled flight through your credit card company or small claims court within the time limit set by your card issuer or state law.
Do I need a lawyer to file a claim?
No. You can file directly with the airline, your country's aviation authority, or small claims court without a lawyer. A third-party claims company will handle the paperwork for a percentage of the recovery. A lawyer is usually not worth the cost for a single flight delay claim unless the amount is very large.
What if the airline says the delay was not their fault?
Ask them to prove it. Request their maintenance records, weather reports, or air traffic control notices showing the cause. If they cannot provide evidence of extraordinary circumstances, file a complaint with your country's aviation authority or take the case to small claims court. The burden of proof is on the airline, not on you.