There are no rules in the US requiring airlines to compensate customers for canceled flights. The decision to offer compensation to customers is entirely up to the airline. Similarly, the USA lacks a complete set of air passenger rights that cover delayed flights either.
However, you can file a flight delay claim under EU 261 no matter where you live if you're flying into or out of a European airport on a European carrier. Below graph shows the conditions under EU 261 when you are eligible for compensation.
Flight route | EU Airline | Non-EU Airline |
---|---|---|
Flight from EU to EU | Eligible | Eligible |
Flight from EU to Third country | Eligible | Eligible |
Flight from Third country to EU | Eligible | Ineligible |
Flight from Third country to Third Country | Ineligible | Ineligible |
Unfortunately, US regulations covering passenger rights when a flight is delayed or canceled are less comprehensive than those in Europe or other countries.
However, those who are refused boarding, those who face tarmac delays, or tourists who have luggage issues can benefit from US legislation.
Compared to airlines in Europe, US airlines are more prone to overbook their flights. Consequently, your entitlement to compensation is protected by strict legislation. You may be entitled to up to $1,350 in compensation if overbooking causes you to be denied boarding in the US.
If you are eligible, your right to compensation will depend on two things:
1. If you agree to be rerouted on another flight, the time difference between your anticipated arrival at your destination* and when you originally planned to arrive there.
2. Your flight is a domestic US flight or an international flight.
See the below graph.
Delay | 0-1 hours | 1-2 hours | 2-4 hours | 4+ hours |
---|---|---|---|---|
Domestic | $- | a maximum of $675, or 200% of the one-way ticket to your destination. | a maximum of $1350, or 400% of the one-way ticket to your destination. | a maximum of $1350, or 400% of the one-way ticket to your destination. |
International | $- | a maximum of $675, or 200% of the one-way ticket to your destination | a maximum of $675, or 200% of the one-way ticket to your destination. | a maximum of $1350, or 400% of the one-way ticket to your destination. |
* “Destination” means your final destination or the first location on your trip where there is a pre-planned stopover lasting longer than four hours.
You are entitled to 400% of the one-way trip price, up to a maximum of $1,350, as well as any additional expenses that you paid when making your reservation (such as baggage fees, seat upgrades, etc.), if the airline does not arrange any alternate travel arrangements for you. Don't feel forced to take travel credits or any other alternative forms of payment because you are legally entitled to cash.
Although US laws do not cover passenger rights for delayed and canceled flights, there are regulations governing what occurs when your flight is delayed on the tarmac. You are entitled to information, food, and drink.
Any delay of two hours or longer on tarmac necessitates particular attention in accordance with U.S. legislation on tarmac delays. The U.S. Department of Transportation has provided the following breakdown:
These laws do not always apply, though. The following situations are exempt from the aforementioned regulations:
Delayed Luggage:
If you're traveling domestically within the United States and your bags don't show up on time, keep your boarding pass and the receipts for your checked bags. Any flight document with a booking reference number is acceptable, if you don’t possess your boarding pass. If you don’t have your boarding pass, you can use any flight document with a booking reference number. This is the six-digit code, which may contain both letters and digits, to your flight reservation.
Notify the airline that your luggage didn’t show up as soon as you can. We strongly advise you to complete this task before leaving the airport. However, specifics differ from airline to airline. To learn more, consult your airline's website.
Fill in a property irregularity report. After you do this, you will have a reference number for your report. Keep this number as well. If you were charged a bag fee, ask the airline to refund you. Every airline has a different set of rules, so it doesn't hurt to inquire. Some airlines only provide airline credit as a kind of reimbursement, preferring to pay in cash instead. Consider including it in your reimbursement claim if they refuse. You may track your luggage with the reference number in your hand. Most airlines offer tracking tools online. Tracing online will give you an idea for the time of receiving your bags.
If you need to replace any necessary items, keep your receipts. These contain stuff from your suitcases that you truly can't live without for a few days, such as underwear or toiletries. You might be eligible to obtain compensation for these costs when you submit a claim. So, file a claim with the airline and submit those receipts. In general, the time limit for this claim is 45 days after your flight day.
Lost Luggage:
The same procedure applies to your lost luggage as you file your claim for delayed luggage. Fill in a property irregularity report. After you do this, you will have a reference number for your report. Keep this number as well.
If you need to replace any necessary items, keep your receipts. These contain stuff from your suitcases that you truly can't live without for a few days, such as underwear or toiletries. You might be eligible to obtain compensation for these costs when you submit a claim. So, file a claim with the airline and submit those receipts.
Make a thorough inventory of the contents of your misplaced bags. Any receipts or further evidence of the things will be beneficial. Although there are a few restrictions on what the airlines will pay for in terms of packaged goods, you should be able to receive payment for the majority of the stuff you can identify. Make a claim for reimbursement with the airline.
Any flight leaving or arriving at a US airport is subject to the US tarmac delay restrictions, while US carriers' flights leaving the US are subject to the US boarding denial regulations.
US regulations on baggage issues apply to domestic flights operated by US airlines between US cities. Generally speaking, the Montreal Convention applies to international flights with U.S. origins.