In short: there is no federal fixed compensation for delays or cancellations in the United States; the Department of Transportation (DOT) formally dropped a plan to introduce it on 17 November 2025. Instead, the DOT's 2024 rule (14 CFR part 260) requires automatic cash refunds when a US or foreign airline cancels or significantly changes a flight to, from or within the US and you do not accept the alternative – within 7 business days for card payments. A significant change starts at 3 hours on domestic and 6 hours on international itineraries. Flights from the UK or EU to the US, and flights home on a UK or EU airline, remain covered by UK261 or EU261.
No federal delay compensation
In December 2024 the DOT published an advance notice of proposed rulemaking that explored requiring airlines to pay cash compensation, rebook passengers free of charge and provide meals and overnight accommodation after controllable delays and cancellations. On 17 November 2025 it withdrew that notice (docket DOT-OST-2024-0062). The Department concluded that section 512 of the FAA Reauthorization Act of 2024 directs airlines to set their own reimbursement policies but does not authorise the Department to require "reimbursements or compensations for flight disruptions".
So whether you get a meal voucher, a hotel or miles after a delay in the US depends on the airline's own customer service commitments and contract of carriage, not on a federal rule. The cash rights that do exist are about refunds.
The 2024 refund rule (14 CFR part 260)
The final rule Refunds and Other Consumer Protections was published in the Federal Register on 26 April 2024 and took effect on 25 June 2024, with longer implementation periods for some duties. It added parts 260 and 262 to title 14 of the Code of Federal Regulations and amended parts 259 and 399. It applies to US and foreign airlines' scheduled flights to, from or within the United States.
When you are owed a refund
An airline that is the merchant of record must give a full and prompt refund of the fare, including taxes and ancillary fees, when it cancels or significantly changes your flight and you choose not to fly or accept rebooking, and you do not accept a voucher or other compensation (14 CFR 260.6(a)). The refund is automatic – you do not have to fight for it – where:
- the flight is cancelled and no alternative flight or compensation is offered;
- you reject the changed flight, the rebooking or the compensation offered; or
- you do not respond to an offer by the departure date and the flight leaves without you.
What counts as a cancellation or significant change
| Trigger | Domestic itinerary | International itinerary |
|---|---|---|
| Departure earlier or arrival later than scheduled | 3 hours or more | 6 hours or more |
| Different departure or arrival airport | Yes | |
| More connections than originally booked | Yes | |
| Downgrade to a lower class of service | Yes | |
| For passengers with disabilities: different connecting airports, or an aircraft without accessibility features they need | Yes | |
| Cancelled flight | A flight published in the airline's reservation system at the time of sale that the airline did not operate | |
How fast
The rule defines a "prompt" refund as within 7 business days for credit card purchases and 20 calendar days for other payment methods. A voucher may be offered only as an alternative: it must be valid for at least five years and your right to a refund must be clearly disclosed (260.6(c)).
Bags, extras and travel credits
- Significantly delayed checked bags: the bag fee must be refunded if the bag is not delivered within 12 hours of arrival on a domestic flight, 15 hours on an international flight segment of 12 hours or less, or 30 hours on a longer one – provided you filed a mishandled baggage report.
- Paid extras not provided: fees for ancillary services you paid for but did not receive, such as Wi-Fi, must be refunded automatically.
- Serious communicable disease: passengers advised by a medical professional not to travel, or barred or quarantined by a government, must be offered transferable travel credits or vouchers valid for at least five years (the airline may keep a processing fee and ask for documentation).
These are refunds of what you paid, not compensation for lost time. For lost or damaged bags on international journeys, the Montreal Convention applies; the United States is a party.
Tarmac delays
Under 14 CFR 259.4, airlines must give passengers the chance to leave the aircraft before a tarmac delay at a US airport exceeds 3 hours on domestic flights (US airlines) or 4 hours on international flights (US and foreign airlines), subject to safety, security and air traffic control exceptions. Food and drinking water must be provided no later than 2 hours after the tarmac delay starts, unless the captain decides safety or security prevents it.
How US rules interact with UK261 and EU261
UK261 covers every flight departing the UK, and flights into the UK on UK or EU airlines; EU261 covers every flight departing the EU, and flights into the EU on EU airlines. The US refund rule applies to all of these transatlantic flights as well, because they fly to or from the US. The European rules give fixed compensation; the US rules give refunds. Both can apply to the same flight.
| Flight | UK261 / EU261 compensation | US refund rule |
|---|---|---|
| London–New York on any airline | UK261: £520 (3 h+ arrival delay; £260 for 3–4 h) | Yes |
| New York–London on British Airways or Virgin Atlantic | UK261 | Yes |
| New York–Manchester on American, Delta or United | No | Yes |
| Paris–New York on any airline | EU261: up to €600 | Yes |
| Chicago–Dublin on Aer Lingus | EU261 (EU airline into the EU) | Yes |
| Manchester–Orlando via New York on one booking | UK261 for the whole journey, including the US domestic leg | Yes |
A practical point: if your flight from the UK is cancelled and you take the refund, UK261 still gives you compensation on top unless the airline proves extraordinary circumstances or gave you enough notice (see cancelled flight compensation). Under UK261 you are also owed meals and a hotel while you wait, even when the airline is American.
Where to complain
- The airline first, in writing, asking for the refund the rule requires (or UK261/EU261 compensation if that applies).
- The DOT: the Office of Aviation Consumer Protection takes complaints about airlines and ticket agents through the Department's aviation consumer website.
- For UK261/EU261 compensation, use the European route: how to claim.
What we could not verify
- Renumbered flights. On 5 December 2025 the DOT announced it would not enforce the refund duties in 14 CFR 260.6 and 260.9 when a flight is operated under a new flight number and the passenger is rebooked on it without a significant change, until 30 June 2026, while it considered a new rulemaking ("Refund III"). We could not find what happened after 30 June 2026.
- Implementation dates of individual duties under the 2024 rule (for example for ticket agents) are spread across the rule; we have not checked each one.
- The DOT's complaint pages blocked automated access, so we could not check their current wording; search for "DOT aviation consumer complaint" on transportation.gov.
- Individual airlines' customer service commitments on meals and hotels change often and are not covered here.
Frequently asked questions
Do US airlines have to pay compensation for a delayed flight?
Not under federal law. The Department of Transportation withdrew its proposal to require cash compensation for controllable delays and cancellations on 17 November 2025, concluding that the statute does not authorise it. Airlines may offer meals, hotels or compensation under their own customer service policies. If UK261 or EU261 covers your flight, you can still claim £220–£520 or €250–€600.
When must a US airline refund my ticket?
Under 14 CFR part 260, when it cancels or significantly changes a flight to, from or within the US and you do not accept the alternative or other compensation offered. A significant change includes departing 3 hours earlier or arriving 3 hours later on a domestic itinerary (6 hours on an international one), a different airport, extra connections or a downgrade. Refunds must be made within 7 business days for card payments and 20 calendar days otherwise.
Is my New York to London flight covered by UK261?
Only if a UK or EU airline operates it, for example British Airways or Virgin Atlantic. On American Airlines, Delta or United, UK261 does not apply to that direction; London to New York is covered on any airline.
General information, not legal advice; we are not lawyers. We are an independent guide and an affiliate partner of AirHelp – see our affiliate disclosure.
Sources
- Refunds and Other Consumer Protections, final rule (89 FR, 26 April 2024, FR Doc. 2024-07177) – US Department of Transportation (Federal Register)
- 14 CFR § 260.6 – Refunding airfare and ancillary service fees – Legal Information Institute (Cornell)
- Airline Refunds and Other Consumer Protections; notification of enforcement discretion (90 FR, 5 December 2025, FR Doc. 2025-22140) – US Department of Transportation (Federal Register)
- Airline Passenger Rights; Withdrawal (90 FR, 17 November 2025, FR Doc. 2025-20042) – US Department of Transportation (Federal Register)
- 14 CFR § 259.4 – Contingency plan for lengthy tarmac delays – Legal Information Institute (Cornell)
- Regulation (EC) No 261/2004 – UK version, Article 3 (scope) – legislation.gov.uk
- Regulation (EC) No 261/2004 – Article 3 (scope) – EUR-Lex
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.