Airlines must compensate you for delays in some situations, but the rules depend on what caused the delay and where your flight departed

The United States does not have a federal law requiring airlines to pay money for delays. Instead, compensation rules come from the Department of Transportation (DOT), which sets minimum standards for what airlines must do—mostly providing meals, hotels, and rebooking—but does not mandate cash payouts for delays themselves. The exception is when an airline cancels your flight or oversells it and you are bumped; those situations can trigger compensation of $400 to $800 depending on how late you arrive.

If your flight departed from a European Union airport, the rules are much stricter. EU Regulation 261/2004 requires airlines to pay €250 to €600 in cash for delays of three hours or more, with few exceptions. Canada, Australia, and several other countries have similar rules. But if you flew within the United States or from the US to another country, cash compensation for delay alone is not required by law—though some airlines offer it voluntarily, and you can pursue a claim in small claims court if you believe the airline was negligent.

Key Takeaways

  • US airlines must provide meals, hotels, and rebooking for delays, but are not required by federal law to pay cash for the delay itself.
  • EU airlines must pay €250 to €600 in cash for delays of three hours or more, unless the delay was caused by extraordinary circumstances beyond the airline's control.
  • If your flight was cancelled or oversold and you were bumped, you may receive $400 to $800 in compensation under DOT rules, regardless of the cause.
  • Airlines can refuse compensation if they prove the delay resulted from weather, mechanical issues discovered during safety checks, or air traffic control problems.
  • You can file a claim in small claims court or with your credit card company if an airline refuses to provide required services or if you flew under EU rules.

What the DOT requires airlines to provide during delays

The Department of Transportation requires US airlines to offer meals, hotel rooms, and rebooking on the next available flight when a delay reaches a certain length. The exact trigger depends on the flight distance: for flights under 250 miles, the airline must provide these services if the delay exceeds two hours; for flights 250 to 1,000 miles, three hours; and for flights over 1,000 miles, four hours. The airline must also provide two free phone calls, emails, or internet access so you can contact others.

These are minimum standards, not compensation. The airline is covering the cost of getting you fed, sheltered, and rebooked—not paying you for your time or inconvenience. If the airline fails to provide meals or a hotel room when required, you can submit a complaint to the DOT and potentially recover the cost of meals or lodging you paid out of pocket, but you will need receipts and documentation that the airline refused to provide them.

When airlines must pay cash compensation under US rules

Cash compensation under US law applies only to cancellations and involuntary bumping, not to delays. If your flight is cancelled, the airline must rebook you on the next available flight at no charge, but does not owe you money unless you choose not to fly and the airline refunds your ticket. If your flight is oversold and you are involuntarily bumped—meaning the airline denies you boarding against your will—you are may have access to to compensation.

The compensation for bumping is $400 if the airline gets you to your destination within one to two hours of your original arrival time, or $800 if the delay exceeds two hours. These amounts explore to domestic flights and flights departing the US. The airline can reduce the compensation if you accept a voucher instead of cash, but you have the right to demand cash. If the airline cannot rebook you on another flight and you choose to cancel, you receive a full refund plus the bumping compensation.

EU compensation rules for delays of three hours or more

If your flight departed from an airport in the European Union, Iceland, Norway, or Liechtenstein, EU Regulation 261/2004 applies. This rule requires the airline to pay you €250, €400, or €600 depending on the flight distance: €250 for flights under 1,500 kilometers, €400 for flights between 1,500 and 3,500 kilometers, and €600 for flights over 3,500 kilometers. The compensation is due if your flight arrives three hours or more late at your final destination.

The airline can refuse to pay if it proves the delay was caused by "extraordinary circumstances" beyond its control. These include severe weather, air traffic control strikes, security threats, and airport infrastructure failures. Mechanical problems discovered during a safety check may also may have access to, but only if the problem could not have been caught during routine maintenance. The airline must provide written proof of the extraordinary circumstance—a weather report, air traffic control notice, or maintenance log—if you dispute the claim.

You can file a claim with the airline, a national enforcement body (such as the UK Civil Aviation Authority or the German Luftfahrt-Bundesamt), or a small claims court in the country where the flight departed or arrived. Some airlines settle claims quickly; others require you to pursue the claim through a court or enforcement agency.

Mechanical failures and what counts as the airline's responsibility

Airlines often blame delays on mechanical problems, but the DOT and EU rules treat mechanical issues differently depending on when the problem was discovered. If a mechanic finds a defect during a pre-flight safety check and the airline delays the flight to fix it, that delay is usually not compensable under EU rules because the airline is prioritizing safety. However, if the same defect caused the aircraft to break down mid-flight or shortly after takeoff, the airline may be liable because the problem should have been caught earlier.

In the US, mechanical delays do not trigger compensation under DOT rules, but you can pursue a claim in small claims court if you can show the airline was negligent—for example, if maintenance records show the airline ignored a known problem or failed to perform required inspections. This is difficult to prove without access to the airline's maintenance logs, which you can request through a Freedom of Information Act (FOIA) request or discovery in a lawsuit.

How to document a delay and file a claim

If you believe you are may have access to to compensation, start by collecting evidence: your boarding pass, the flight itinerary, a screenshot or photo of the departure board showing the delay, receipts for meals or hotels you paid for, and any written communication from the airline about the reason for the delay. If the airline provided a delay notification via email or text, save that too.

For US flights, file a complaint with the DOT if the airline failed to provide required meals or hotel rooms. You can submit a complaint through the DOT's Aviation Consumer Protection Division website; include your flight details, the date, and documentation of what the airline did or did not provide. The DOT will contact the airline and ask for a response. If the airline owes you money for out-of-pocket expenses, the DOT may order reimbursement, though enforcement is limited.

For EU flights, contact the airline directly first and request compensation under Regulation 261/2004. Include your flight number, date, and proof of the delay (boarding pass and arrival time). If the airline refuses or does not respond within six to eight weeks, file a complaint with your national aviation authority or pursue a claim in small claims court. Some countries have online portals for this; others require a paper claim. You can also use a third-party claims company, though they typically take 25 to 40 percent of the compensation.

What to do if the airline denies your claim

If an airline refuses to compensate you, your options depend on where the flight departed. For US flights, you can file a small claims court case in your home state or the state where the airline is based. Small claims courts handle cases up to $5,000 to $10,000 (depending on the state) and do not require a lawyer. You will need to prove the airline was negligent or breached a contract—for example, by failing to provide meals during a delay or by overselling the flight without proper compensation.

For EU flights, you can file a claim with your national enforcement body, which will investigate the airline's refusal at no cost to you. You can also pursue a claim in small claims court or use a claims company. Some credit card companies will also dispute a charge if you paid with a credit card and the airline refused to provide services or compensation; contact your card issuer to ask about a chargeback.

Frequently Asked Questions

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

No, under both US and EU rules. Bad weather is considered an extraordinary circumstance beyond the airline's control. However, the airline must still provide meals, hotels, and rebooking. If the airline fails to do so, you can recover those costs.

What if my flight was delayed because of a crew shortage?

Under EU rules, crew shortage is not an extraordinary circumstance, so you are may have access to to compensation. Under US rules, there is no compensation requirement, but you can file a small claims court case if you can show the airline was negligent in scheduling or staffing.

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

If both flights were booked on the same ticket, the airline is responsible for getting you to your final destination. If you missed the connection and arrived more than three hours late, you may be may have access to to EU compensation (if the flight departed from the EU) or a small claims claim (if it was a US flight). If the flights were on separate tickets, the first airline is not responsible for the second flight.

How long do I have to file a claim?

In the US, there is no set important date, but airlines often deny old claims. File within one to two years of the delay. In the EU, the important date is typically three to six years depending on the country, but airlines often settle faster if you file within one year.

Will filing a complaint hurt my relationship with the airline?

Airlines do not penalize passengers for filing complaints or claims. You have a legal right to pursue compensation, and doing so will not affect your frequent flyer account or future bookings.