Free Guide
Flight Cancelled or Delayed? Your Exact Rights and How to Claim Compensation
Know exactly what you're owed when your flight is cancelled or delayed. Learn DOT rules, EU261 regulations, and how to write a demand letter that gets results from airlines.
Airlines delay and cancel flights constantly — and they count on passengers not knowing what they're actually entitled to. US rules give you refund rights for cancellations regardless of reason. EU261 gives European flights significant cash compensation. And most passengers leave thousands in unclaimed compensation simply because they didn't know how to ask for it. This guide covers everything you're owed and exactly how to claim it.
US DOT Rules: What Airlines Must Do
The US Department of Transportation (DOT) has clear rules for domestic flights:
Cancellations — full refund required: If an airline cancels your flight for ANY reason — weather, mechanical, staffing — you are entitled to a full cash refund of your ticket price if you choose not to travel. The airline cannot force you to accept a voucher or travel credit instead of a refund. This is federal law regardless of ticket type (including non-refundable tickets).
Significant delays: As of 2024, the DOT finalized rules requiring automatic refunds for significant delays: 3+ hours for domestic flights, 6+ hours for international flights. Airlines must proactively offer refunds — you don't have to ask.
What airlines do NOT have to provide under US law: Cash compensation for delays or cancellations beyond the ticket refund (hotel, meals, other flights). However, many airlines have voluntarily committed to providing meals and hotels for controllable delays (mechanical, staffing) — not weather. Check the DOT's Airline Customer Service Dashboard at transportation.gov.
EU261: The Most Generous Passenger Rights Law in the World
EU Regulation 261/2004 applies to:
- All flights departing from an EU/EEA airport (any airline)
- All flights arriving in the EU/EEA on an EU-based carrier
Cash compensation amounts (one-way, per passenger):
- Under 1,500 km (short haul): €250 delay of 3+ hours
- 1,500–3,500 km (medium haul): €400 delay of 3+ hours
- Over 3,500 km (long haul): €300 delay of 3–4 hours, €600 delay of 4+ hours
Exception: If the delay/cancellation was caused by 'extraordinary circumstances' beyond the airline's control (genuine weather events, air traffic control strikes, political instability). Mechanical failures typically do NOT qualify as extraordinary circumstances.
Right to care: For delays of 2+ hours, airlines must provide meals, refreshments, and communications (phone calls or emails). For delays requiring overnight stays, hotel accommodation and transport must be provided.
Claim limitation period: UK: 6 years (England and Wales), 5 years (Scotland). EU member states: 2–5 years depending on country.
Lost, Damaged, or Delayed Baggage
Montreal Convention (international flights) and DOT rules (domestic) govern baggage claims:
Lost baggage compensation:
- International flights (Montreal Convention): Up to approximately $1,700 USD (1,288 SDR, adjusted annually)
- Domestic US flights: Up to $3,800 per passenger (DOT rules, updated 2015)
Filing timeline: Lost baggage must be reported immediately at the airport. For delayed baggage, you can claim reasonable expenses for necessities while waiting. For damaged bags, report before leaving the airport — many airlines won't accept damage claims filed later.
What you need: Baggage claim receipt, Property Irregularity Report (PIR) filed at the airport, receipts for expenses incurred, itemized list of bag contents with estimated values.
Pro tip: Credit cards with travel benefits often provide additional lost luggage insurance. Check your card benefits before filing solely with the airline.
How to Write an Airline Compensation Demand Letter
Your demand letter should:
Identify the flight: Flight number, date, origin and destination airports, your booking reference.
Describe the disruption: Exact delay time or cancellation details, when you were notified, how you were rerouted.
State the applicable regulation: For US domestic, cite DOT refund rules (14 CFR Part 250 for overbooking; 14 CFR 374 for consumer protection). For EU261 flights, cite the specific regulation and the compensation amount for your route distance.
Itemize your losses: Ticket price (if requesting refund), out-of-pocket expenses (hotel, meals, alternate transport), consequential losses (missed non-refundable hotel bookings, event tickets, etc.).
Set a response deadline: '30 days from the date of this letter.'
Send to: The airline's customer relations department by email AND certified mail. Find the address at the airline's website or the DOT's Air Consumer website.
Escalating to the DOT and Credit Card Chargebacks
DOT Complaint: File at transportation.gov/airconsumer/file-consumer-complaint. The DOT logs complaints and contacts airlines. While the DOT doesn't adjudicate individual complaints, a filed complaint creates a formal record and airlines often respond to settle.
Overbooking and Involuntary Bumping
If you're involuntarily bumped from a flight (denied boarding after having a confirmed reservation and arriving at the gate on time), DOT rules require compensation:
Domestic flights:
- Delay of 1–2 hours: 200% of one-way fare, max $775
- Delay of 2+ hours: 400% of one-way fare, max $1,550
International flights:
- Delay of 1–4 hours: 200% of one-way fare, max $775
- Delay of 4+ hours: 400% of one-way fare, max $1,550
You must be paid at the airport, in cash or check. You can negotiate for a travel voucher of higher value if you prefer.
Voluntary bumping: If you volunteer to give up your seat, negotiate hard before agreeing — airlines will often offer more than their initial bid if flights are full.
Frequently Asked Questions
Quick answers to the most common questions on this topic.
Am I entitled to compensation for a weather delay?
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Under US DOT rules: a refund if you choose not to travel, but no cash compensation beyond the ticket price for weather delays. Under EU261: weather qualifies as 'extraordinary circumstances' and typically exempts the airline from the €250–€600 compensation, though the right to care (meals, hotel) still applies for long delays.
Can I claim compensation if my flight was delayed on the way home?
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Yes. EU261 applies to flights arriving in the EU on EU carriers, regardless of where you departed from. DOT rules apply to all domestic US flights and international flights departing the US.
How far back can I claim for past flight disruptions?
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For EU261 claims in the UK: up to 6 years (England/Wales) or 5 years (Scotland). In EU member states: typically 2–5 years. For DOT domestic claims: file promptly — there's no formal statutory period but airlines' internal deadlines may limit recovery.
What if the airline offers me a voucher instead of cash?
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For cancellations and significant delays, you have the right to a cash refund under DOT rules — not just a voucher. Politely decline the voucher and request a cash refund. If the airline refuses, file a DOT complaint.
Do I need a lawyer to claim EU261 compensation?
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No. Many passengers claim directly from the airline. There are also claims management companies that handle EU261 claims for a 25–35% fee. Filing directly is free and straightforward for clear-cut delays and cancellations.