Your Legal Rights Under Flight Delay Regulations Worldwide

Flight delay compensation rights operate under multiple regulatory frameworks that often overlap and sometimes conflict, creating opportunities for savvy passengers to maximize their recovery. The most generous and comprehensive framework is the European Union's Regulation 261/2004 (EU261), which serves as the global gold standard for passenger protection and influences delay compensation policies worldwide.

European Union Regulation 261/2004 (EU261)

EU261 applies to all flights departing from EU airports regardless of airline, and flights arriving in the EU operated by EU-based carriers. This regulation covers approximately 1.1 billion passenger journeys annually and establishes the most passenger-friendly delay compensation system globally. Under EU261, passengers are entitled to compensation when their flight arrives at the final destination three hours or more later than the scheduled arrival time, provided the delay was not caused by extraordinary circumstances beyond the airline's control.

The compensation amounts under EU261 are distance-based and generous: €250 for flights up to 1,500 kilometers, €400 for EU internal flights over 1,500 kilometers and other flights between 1,500-3,500 kilometers, and €600 for flights over 3,500 kilometers. These amounts apply per passenger and are not reduced based on ticket price, creating situations where compensation can exceed the original fare by 1000% or more on budget airline tickets.

United Kingdom Regulation 261 (UK261)

Following Brexit, the UK maintained its own version of EU261 that applies to flights departing from UK airports and UK-based airlines flying to the UK from anywhere in the world. UK261 mirrors EU261 compensation amounts and thresholds but operates under UK Civil Aviation Authority oversight. The regulation covers approximately 150 million passenger journeys annually and provides identical compensation amounts to EU261.

United States Department of Transportation (DOT) Regulations

US passenger rights focus primarily on denied boarding compensation rather than delay compensation, but certain delay situations do trigger compensation requirements. For flights delayed on the tarmac for more than three hours domestically or four hours internationally, airlines must offer passengers the opportunity to deplane. Additionally, significant schedule changes or lengthy delays may entitle passengers to full refunds even on non-refundable tickets.

US airlines often provide voluntary delay compensation through their individual policies, but these are not legally mandated for simple delays. However, when delays cause missed connections that result in overnight delays, airlines typically must provide hotel accommodation, meals, and ground transportation at no cost to passengers.

Canada Air Passenger Protection Regulations (APPR)

Canada's APPR, implemented in 2019, provides compensation for flight delays within the airline's control. Passengers receive CAD $400 for delays of 3-6 hours, CAD $700 for delays of 6-9 hours, and CAD $1,000 for delays of 9 hours or more. These amounts apply to flights departing from or arriving in Canada on Canadian carriers, covering approximately 89 million passenger journeys annually.

Other Major Jurisdictions

Australia provides delay compensation through the Australian Consumer Law for significant delays that constitute a "major failure" of airline services. Brazil offers compensation under Resolution 400 for delays exceeding four hours. Turkey's passenger rights regulation provides EU261-style compensation for flights involving Turkish airports or carriers. Several other countries have implemented or are developing similar passenger protection frameworks.