US Flight Delay Compensation: Eligibility and How to Get It

Reviewed by a licensed lawyer.

Last Updated: March 21, 2024

Navigating flight delays can be a frustrating experience for any traveler, causing unforeseen disruptions to carefully planned itineraries. Whether you're jetting off to a domestic destination or traveling abroad, understanding your rights as a passenger is crucial.

Here at AirAdvisor, we offer a pioneering platform that seeks to simplify the claims process and help you secure the compensation you deserve. We've been assisting passengers for more than 7 years. Join more than 240,000 passengers who’ve trusted AirAdvisor with their claims.

In this comprehensive guide, we explore the ins and outs of flight delay compensation in the US, shedding light on the applicable regulations and potential remedies available to you.

What is Flight Delay Compensation?

Flight delay compensation refers to the financial reimbursement or benefits that airlines may be required to provide passengers who experience significant delays in their flights. The exact compensation amount and eligibility criteria vary depending on the airline's policies, the governing laws and regulations of the country or region, and the specific circumstances of the delay.

In some cases, passengers may be entitled to receive monetary compensation, meal vouchers, hotel accommodations, or alternative transportation arrangements, depending on the length of the delay and the airline's obligations. The overall aim of flight delay compensation is to provide travelers with redress for the inconvenience and potential additional costs incurred as a result of the delay.

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Can I Get Delayed Flight Compensation in the US?

As of the current state, the United States does not have specific federal laws mandating airlines to provide US flight delay compensation to passengers. Unlike some other regions where regulations are in place, for instance, the United Kingdom and European Union, passengers flying within the USA aren't guaranteed compensation for flight delays caused by airline operational issues. Instead, compensation policies are at the discretion of individual airlines, and the offered benefits could vary significantly.

However, there are recent developments indicating a potential change in this landscape. With the Biden administration's commitment to improving consumer protections in the aviation industry, efforts are being made to introduce legislation requiring airlines to provide US flight compensation to passengers. The aim of such measures is to establish clearer guidelines for airline responsibilities, ensuring that travelers are fairly compensated for significant delays that disrupt their travel plans.

What Are US Airline Policies for Flight Delays?

Flight delay policies can vary significantly among different USA airlines, with some carriers offering more comprehensive delayed US flight compensation and assistance to affected passengers than others. Below, we outline the flight delay compensation policies of 3 major United States airlines to provide insights into the level of support you can expect when faced with flight disruptions:

American Airlines

When it comes to American Airlines' compensation for flight delays, you can expect a range of assistance and benefits, including being rebooked on the same airline at no extra fee in cases of significant delays. Additionally, the airline offers the option to rebook on partner airlines or other carriers with agreements in case of prolonged delays, ensuring you have alternative travel arrangements.

If you endure a delay of longer than 3 hours, you're entitled to receive meal vouchers or cash equivalents to cover dining expenses during the extended wait. Moreover, in the event of an overnight delay, American Airlines offers complimentary hotel accommodations, ensuring you can rest comfortably. To further enhance your travel experience during overnight delays, the airline extends complimentary ground transportation to and from the hotel.

United Airlines

Like American Airlines, United Airlines' compensation for flight delays includes essential support and services. In the case of significant delays, the airline endeavors to rebook you on the same airline without any additional charges. Similarly, the airline facilitates rebooking on partner airlines or other carriers with which it has agreements for prolonged delays, ensuring you have alternative travel options.

For delays that result in a waiting time of 3 hours or more, the airline provides meal vouchers or cash equivalents to cater to your dining needs during the extended wait. In cases of overnight delays, United Airlines extends a helping hand by offering complimentary hotel accommodations to ensure you can rest comfortably. Additionally, the airline provides complimentary ground transportation to and from the hotel.

Southwest Airlines

Southwest Airlines' compensation for delayed flights is the same as that of American and United Airlines, except for the option to be rebooked on a partner airline or other carrier in the case of a significant delay. Aside from this, the airline works to rebook you on the same airline at no additional cost, ensuring minimal disruptions to your travel plans.

In the event of a delay resulting in you waiting for 3 hours or more, Southwest Airlines offers meal vouchers or cash equivalents, addressing your dining needs during the prolonged wait. Moreover, in cases of overnight delays, the airline offers complimentary hotel accommodations, prioritizing your comfort and well-being. Southwest Airlines also provides complimentary ground transportation to and from the hotel if you're impacted by an overnight delay.

If your flight was delayed, canceled or overbooked within the last 3 years, you could be eligible for up to $650 in compensation.Check Your Flight

What Are My Rights in Case of a US Flight Delay?

As an air passenger, it's important to understand your rights and entitlements when your flight is delayed within, or when departing from the USA.

Rights in Case of Domestic Flights

When traveling domestically within the US, your rights during a flight delay are principally governed by the airline's contract of carriage and the Passengers' Bill of Rights. The latter was introduced to provide passengers with a basic level of protection against flight disruptions, such as delays and cancellations.

Under the Passengers' Bill of Rights, airlines are required to provide you with accurate information about the status of your flight delay, including the reasons for the delay and the estimated time of departure. However, there's no federal requirement for flight delay compensation in the US.

As you may have noticed in the section above, US airlines usually offer food vouchers for extended delays, accommodation for overnight delays, and rebooking options if the delay causes you to miss a connecting flight. It's essential to familiarize yourself with your airline's specific policies for US domestic flight delay compensation before your journey.

Rights in Case of International Flights

For international flights, your rights can differ significantly depending on the operating airline and the destination. For instance, if your flight is operated by a European airline or is landing at a European airport, you might be covered by EU regulations, which offer more substantial compensation in case of delays.

In terms of US airline delay compensation, if your international flight is delayed and is operated by a US airline, the Passengers' Bill of Rights still applies. To understand these differences more clearly, you can explore in the next section how your rights and potential compensations can change based on different regulations, destinations, and operating airlines.

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Compensation for Delayed Flights Around the World

While the landscape for delayed flight compensation in the US may be defined primarily by the airlines themselves, the picture changes when we examine regulations in other parts of the world. Distinct regions and countries have implemented specific laws that outline the compensation you're entitled to in the event of a flight delay.

Comparison table of flight delay rights around the world

• The United Kingdom: In the UK, the UK261 regulation applies. It states that you can claim flight delay compensation in the UK for delays over 3 hours. Depending on the length of the delay and the distance of the flight, compensation can reach up to £520. These regulations apply to any flight departing from a UK airport, regardless of the airline, or to any flight arriving at a UK airport if the airline is UK-based.
• The European Union: Similarly, within the European Union, EU261 contains comprehensive rules for EU flight delay compensation. For delays exceeding 3 hours, you may be entitled to compensation of up to €600, unless the delay is due to extraordinary circumstances. These regulations apply to any flight departing from an EU airport, regardless of the airline, or to any flight arriving at an EU airport if the airline is EU-based.
  On a national level, flight delay compensation in Germany is also governed by the EU261 regulation, given Germany's EU membership. Similarly, Irish air passengers can claim flight delay compensation in Ireland under the same set of EU regulations.
• Canada:Flight delay compensation in Canada is regulated under the Air Passenger Protection Regulations, whereby Airlines are required to pay up to CAD$1,000 for delays or cancellations within the airline's control. These regulations apply to any flight departing from a Canadian airport, regardless of the airline, or to any flight arriving at a Canadian airport if the airline is Canada-based.

By understanding these various compensation schemes, you can better navigate your rights and entitlements if you face a flight delay, regardless of where you're flying in the world.

Claim Your Compensation with AirAdvisor

At AirAdvisor, we strive to make the process of claiming flight delay compensation as straightforward and stress-free as possible. Whether you're dealing with seeking delayed flight compensation in the US or any other part of the world, we're here to help. Here is a step-by-step guide to how you can claim compensation with us:

Step 1: Check Your Eligibility

Start by filling out our simple online 'Compensation Check' form, providing the necessary details about your flight. Our system will then evaluate your eligibility for compensation based on various factors, such as the duration of the delay, the reason for the delay, and the laws applicable in the relevant jurisdiction.

Step 2: Submit Necessary Documentation

If you're eligible, we'll ask you for more detailed information about your flight and request some additional documentation. This could include boarding passes, ticket receipts, or any other relevant information. If you have any correspondence from the airline explaining the delay, this will also be very helpful.

Step 3: AirAdvisor Takes Over

Once we have all the necessary information and documents, our team of experts will start the process of claiming your compensation. We'll handle all the necessary negotiations with the airline, ensuring it's a totally hassle-free experience for you.

Step 4: Receive Your Compensation

Upon a successful claim, you'll receive your compensation. Note that AirAdvisor operates on a "no win, no fee" basis, which means that we'll only charge a fee if we successfully claim your compensation.

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FAQs

Navigating the world of flight delay compensation can be complex. Below, we address some of the most common questions to assist you on your journey:

Can I get compensation for a delayed flight in the US?

In the United States, there's no federal law that mandates airlines to compensate you for delayed flights. However, depending on the airline's contract of carriage, they may offer compensation in various forms, such as food vouchers, accommodation for overnight delays, or rebooking options.

Why don’t US airlines compensate for flight delays?

While UK and EU regulations require airlines to offer passengers financial compensation for delays exceeding 3 hours, similar mandates aren't in place in the US. In the US, airlines generally follow their own policies, which, as discussed above, might include non-monetary compensations, like meal vouchers, hotel accommodation, and alternative flight arrangements.

How long does my flight need to be to get compensated?

The United States does not have specific federal laws that mandate compensation for flight delays based on flight length (distance) or delay duration. In the EU and UK, however, you're eligible for compensation for short, medium and long-haul flights if your flight is delayed by over 3 hours. The amount of financial compensation you receive under these regulations is determined based on the length of your flight, with all commercial flights considered, regardless of their distance.

What do airlines owe for delays?

This largely depends on the country and the individual airline's policy. In the EU, airlines are obligated to pay between €250 to €600 in flight delay compensation, under EU261, depending on the flight distance and delay length. In the UK, the UK 261 regulation stipulates that airlines must pay between £220 and £520 to compensate passengers in the event of a 3 or more-hour delay.

As mentioned, flight delay compensation US, if any, is generally dictated by the specific policy of the airline. According to the Department of Transport (DOT), if your flight is “significantly” delayed, you may be entitled to a refund. Unfortunately, the agency does not define how long a significant delay is. Instead, it allows passengers to file complaints to determine refund eligibility on a case-by-case basis.