Your Legal Rights Under Denied Boarding Protection Laws

Denied boarding compensation operates under sophisticated regulatory frameworks that distinguish between voluntary and involuntary denied boarding, establish specific compensation formulas based on delay duration and ticket prices, and mandate additional passenger protections beyond direct monetary payments. These regulations create some of the strongest passenger rights in aviation law, providing predictable compensation that often exceeds original ticket costs.

United States Department of Transportation (DOT) Regulations - 14 CFR Part 250

US denied boarding compensation represents the most generous cash compensation system globally, with payments reaching up to $1,675 per passenger for significant delays. DOT regulations apply to all flights departing from US airports with 30 or more passenger seats, covering approximately 750 million passenger journeys annually.

The US system distinguishes between voluntary denied boarding (where passengers accept compensation to give up seats) and involuntary denied boarding (where airlines select passengers for removal). Voluntary compensation has no regulatory minimums—airlines can offer anything from meal vouchers to thousands in travel credits. However, involuntary denied boarding triggers mandatory cash compensation calculated as percentages of the one-way ticket price.

For domestic flights, passengers receive 200% of their one-way fare (up to $775) for delays of 1-2 hours, and 400% of the one-way fare (up to $1,550) for delays exceeding 2 hours. International flights receive 200% compensation for delays of 1-4 hours and 400% for delays exceeding 4 hours, with maximum payments reaching $1,675. These amounts are in addition to rebooking on the next available flight at no additional cost.

European Union Regulation 261/2004 (EU261)

EU261 treats denied boarding identically to flight cancellations, providing compensation from €250-€600 based on flight distance plus comprehensive care and assistance. Unlike the US system, EU261 compensation is fixed regardless of ticket price, creating situations where budget airline passengers receive compensation worth many times their original fare.

EU261 applies to flights departing from EU airports regardless of airline, and flights arriving in the EU on EU-based carriers. The regulation covers approximately 1.1 billion passenger journeys annually and establishes that airlines must first seek volunteers before involuntarily denying boarding to any passengers.

United Kingdom Regulation 261 (UK261)

Following Brexit, the UK maintained equivalent denied boarding protections under UK261, applying to flights departing from UK airports and UK-based airlines worldwide. Compensation amounts mirror EU261 (€250-€600 based on distance) but operate under Civil Aviation Authority oversight with potentially faster enforcement mechanisms.

Canada Air Passenger Protection Regulations (APPR)

Canada's APPR provides denied boarding compensation ranging from CAD $900 to CAD $2,400 depending on airline size and delay duration. Large airlines (those operating aircraft with 30+ seats) pay higher compensation than smaller carriers, recognizing their greater resources and revenue potential.

The Canadian system requires airlines to establish denied boarding policies and compensation offers before seeking volunteers, ensuring passengers understand their options before making decisions about giving up seats.

Other Major Jurisdictions

Australia treats denied boarding as a major service failure under consumer protection law, entitling passengers to full refunds plus potential additional compensation. Brazil provides specific denied boarding compensation under Resolution 400. Several other countries have implemented or are developing similar frameworks, creating an increasingly comprehensive global network of passenger protection.