Flight Delayed in the US? Your Refund Rights vs EU261

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Last reviewed: October 15, 2026 by the Smart Savings Guides editorial team. How we research and update articles.

If your US flight is badly delayed or cancelled, the rules are very different from Europe. US law doesn't generally require airlines to pay cash compensation for delays, but it does give you a strong right to a refund. And if your trip involves the EU or UK, European compensation rules may apply on top. This guide explains both, with official sources.

Quick answer

• US refund right: if your flight is cancelled or significantly changed or delayed and you don't accept the alternative, you're owed a refund automatically, under the US Department of Transportation's rule (14 CFR Part 260).
• "Significant" includes a departure or arrival change of 3 hours or more on domestic flights and 6 hours or more on international flights.
• Refund timing: within 7 business days for credit card purchases and 20 calendar days for other payment methods.
• Cash compensation (on top of a refund) generally comes from the EU or UK rules, which can apply to flights to or from Europe.

Free tool: answer three questions in our flight delay compensation checker to see whether the US refund rule, EU261 or UK261 likely applies to your flight.

Your US refund rights

The DOT's refund rule, in 14 CFR Part 260, applies to US and foreign airlines for flights to, from and within the US. You're entitled to a refund if the airline cancels your flight, or makes a significant change, and you don't accept what it offers instead, such as rebooking or a voucher. The rule defines a significant change as including:

• departing 3 or more hours earlier or arriving 3 or more hours later than scheduled on a domestic flight, or 6 or more hours on an international flight;
• departing from or arriving at a different airport;
• adding connections to the itinerary; or
• a downgrade to a lower class of service, or certain changes that affect passengers with a disability.

The refund must be in your original form of payment unless you agree to another cash-equivalent form, with no processing fee. The same rule requires refunds of checked-bag fees when a bag is lost or significantly delayed (for domestic trips, not delivered within 12 hours of arrival), provided you file a mishandled baggage report with the airline, and of fees for extra services, such as Wi-Fi or a seat upgrade, that you paid for but didn't get. It also applies to ticket agents that sell tickets as the merchant of record.

The DOT has said it will not, for now, enforce the rule in one narrow case: a flight that's only been renumbered, with no other significant change. That pause runs until July 7, 2027, according to its Federal Register notice. More on the DOT's refunds page.

What US law doesn't give you

There's no federal rule requiring cash compensation for a delay, or meals and hotels during one. Instead, each airline sets its own commitments in its customer service plan. The DOT publishes an airline customer service dashboard comparing what the large US airlines promise, such as meal vouchers or hotel rooms for delays within the airline's control. Check your airline's plan and ask at the gate.

Stuck on the plane: the tarmac rule

Under 14 CFR 259.4, airlines generally can't keep passengers on a plane on the tarmac for more than 3 hours on domestic flights or 4 hours on international flights without giving them the chance to get off, with exceptions for safety, security and air traffic control. They must provide food and water no later than two hours into a tarmac delay, as well as working toilets and medical care if needed.

When EU or UK compensation applies

EU Regulation 261/2004 and the UK's version can pay fixed compensation, from €250 to €600 under EU rules and £220 to £520 under UK rules, when you arrive 3 or more hours late or your flight is cancelled at short notice, unless the airline shows extraordinary circumstances. For trips between the US and Europe:

The UK rules work similarly for flights departing the UK, and flights arriving in the UK on a UK or EU airline. Under both, you also have a right to care, such as meals and a hotel when needed, during long delays. Details, amounts and exceptions are in our guide to flight delay compensation and on the official Your Europe and UK Civil Aviation Authority pages.

What to do when your flight is delayed

1. Get the facts. Note the flight number, scheduled and actual times, and the reason the airline gives. Screenshot app notifications.
2. Decide whether you still want to travel. If the change is significant and you choose not to fly, request the refund. Don't accept a voucher unless you actually want one.
3. Ask about the airline's commitments for meals, hotels or rebooking on partner airlines.
4. Keep receipts for any costs you incur.
5. If a refund doesn't arrive within the deadlines, contact the airline in writing, then file a complaint with the DOT.
6. If EU or UK rules apply, claim compensation from the airline directly for free, or use a claims service.

Should you use a claims service?

For a US refund, no: you can request it from the airline, and the DOT says refunds should be automatic in many cases. For EU or UK compensation, a service such as Compensair can handle the paperwork. According to its own payment policy, it charges a 30% fee only if it collects compensation, plus up to 10% more if legal action is needed. It's worth it if the airline refuses a valid claim and you don't want to escalate yourself; it's not worth it if the airline would pay after a short online form.

Check your flight with Compensair

Sponsored link. Compensair keeps 30% (up to 40% with legal action) only if it wins; claiming yourself is free.

Booking your next flight

A delay on one ticket can cost you a connection on another. If you're comparing fares, Kiwi.com (sponsored) searches many airlines at once, but read the trip details: its cheapest options are often self-transfer trips on separate tickets. See self-transfer flights: are they worth the risk?

Search flights on Kiwi.com

Sponsored link. Check bags, seats and self-transfer terms before you pay.

We may earn a commission if you buy through these links, at no extra cost to you. Fees and terms come from the providers' published documents and can change.

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