Airline Passenger Rights Introduction: Compensation and Beyond
Millions of air passengers travel each year, but a large number do not realize that there are airline passenger rights to protect them when they fly.
Air passenger rights protect travelers when flights are delayed, canceled, or overbooked. Under DOT guidelines and EU 261 regulations, you may be entitled to compensation, rebooking, or reimbursement, depending on the situation and your flight's origin and destination.
AirHelp is here to support all passengers — we’ll help you understand your rights, and receive the compensation you’re entitled to.
Key Takeaways: Airline Passenger Rights at a Glance
✅ Air Passenger Rights – Regulations like US DOT rules and EU 261 safeguard your rights during flight disruptions, cancellations, and overbookings.
✈ Delayed or Canceled Flights – US regulations ensure refunds and rebooking options, while EU 261 mandates compensation for delays of 3+ hours.
⏰ Compensation for Overbooking – In the US, denied boarding due to overbooking could entitle you to compensation of up to $1,550.
🎒 Luggage Protections – You’re entitled to compensation for damaged, delayed, or lost luggage on US domestic and international flights.
🚪 Tarmac Delay Rights – After 3 hours (domestic) or 4 hours (international), passengers have the right to deplane under US DOT rules.
💵 24-Hour Refund Rule – US passengers can cancel tickets within 24 hours of purchase without penalties.
🌍 Montreal Convention – Covers international flights, offering reimbursement for unexpected expenses up to $7,000 and luggage issues up to $1,700.
🤝 AirHelp Support – We guide you through compensation claims and ensure you receive what you’re entitled to after flight disruptions.
What Are Air Passenger Rights?
Passenger rights vary from country to country, but at their core they are simply regulations that protect air travellers, ensuring they are properly cared for and compensated in the event of flight delays and cancellations, or when their property is lost or damaged.
As an air passenger, you have rights — no matter where you call home.
It doesn't matter which airline you are flying with, you are protected by some form of airline passenger rights — in most cases, by the regulations of the territory which your flight departed from.
EC 261 – ANAC 400 – Montreal Convention – US laws — Turkish laws — Saudi Arabian laws
Unfortunately, our research shows that as many as 85% of all air passengers are not aware of their flying rights — which means that many travellers miss out on the compensation owed to them, or settle for less.
We’re here to help.
AirHelp has been in the industry since 2013. We’re the biggest passenger rights organisation in the world, and have won compensation for 2.5 million passengers to date.
Find out how much you’re owed after a delayed or cancelled flight — no matter where you are from.
Airline Passenger Rights in the United States
What are US air passenger rights?
The US Department of Transportation (DOT) has established a set of rules granting air passengers various rights in the event of flight disruptions—such as delays, cancellations, or overbookings.
While the DOT does not require airlines to compensate passengers for delays and cancellations, it does ensure rights like rebooking on alternative flights, ticket refunds, and assistance at the airport. For denied boarding due to overbooking, however, airlines are required to compensate passengers, and specific protections are also in place for tarmac delays.
Passenger Rights for Flight Delays and Cancellations in the US
If your flight is delayed or canceled, airlines are required to assist. Here’s what you’re entitled to based on the type of disruption:
Flight Cancellation: Right to rebooking at no extra cost or a full refund, even for non-refundable tickets.
Significant Delay: Airlines must provide a refund if you choose not to travel due to the delay.
What Qualifies as a Significant Delay?
Until recently, the DOT didn’t have a specific definition for a significant delay, evaluating each situation on a case-by-case basis. In 2024, new regulations have been introduced to clarify passenger rights. Below is the definition of a significant delay that requires airlines to refund passengers:
Domestic Flights: Delays of three hours or more.
International Flights: Delays of six hours or more.
Under these new rules, airlines must automatically issue refunds to eligible passengers within 7 to 20 business days. You are entitled to a refund if you choose not to fly, either by not waiting for the delayed plane or by declining the airline's rebooking offer on another flight.
Denied Boarding and Overbooked Flights
Airlines in the US are more likely to overbook their flights than airlines in Europe. Consequently, there are strong laws in place governing your right to be compensated. If you are denied boarding due to overbooking in the US you could be entitled to up to $1,550 compensation. See our advice on overbooked flights for more information and the table below for compensation details:
| Flight Type | Delay | Compensation |
|---|---|---|
| Domestic | 0 to 1 hours | ❌ |
| Domestic | 1 to 2 hours | 200% of the one-way fare, up to a maximum of $775 |
| Domestic | More than 2 hours | 400% of the one-way fare, up to a maximum of $1550 |
| International | 0 to 1 hours | ❌ |
| International | 1 to 4 hours | 200% of the one-way fare, up to a maximum of $775 |
| International | More than 4 hours | 400% of the one-way fare, up to a maximum of $1550 |
Tarmac delays
After a tarmac delay of two hours, passengers must be provided with food, water, operational lavatories, and medical care (medical care only if needed). DOT rules also ensure passengers have the right to deplane after certain wait times:
Domestic Flights: Passengers have the right to leave the plane if a tarmac delay exceeds three hours.
International Flights: This right extends to four hours for international flights.
The rules above do not apply in the following circumstances:
We recommend you read our blog about lengthy tarmac delays so you know your rights if it happens to you.
Luggage issues on US domestic flights
Passengers on US flights have several rights when it comes to banged-up, delayed, and lost bags. We go into a lot more detail on our baggage compensation page.
The 24-Hour Refund Rule
DOT regulations require that if an airline ticket is purchased at least 7 days before the flight’s scheduled departure, the airline must allow the passenger to:
cancel their booking within 24 hours of purchase without incurring any financial penalties; or alternatively,
hold the ticket at the quoted fare without payment for 24 hours.
For more information, read our article dedicated to the 24-Hour Refund Rule.
Which Flights are Covered by US Regulations?
The US tarmac delay regulations apply to any flight departing from or flying to a US airport, while boarding denial regulations apply to flights with US carriers originating in the United States.
The US laws regarding luggage problems deal with domestic flights with US carriers between US cities. International flights originating in the United States are covered by the Montreal Convention, in most cases.
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Air Passenger Rights In Europe: EC 261
What is EC 261?
EC 261/2004 (EU261) is a European Union law that holds airlines financially accountable when air travel takes an unexpected turn, so long as the disruption was not caused by circumstances outside of the airline’s control.
EC 261 applies not only to European citizens but to all passengers on flights covered by this regulation, regardless of nationality. All passengers departing from a European airport are covered under EC 261. In some circumstances, passengers flying into Europe from other worldwide destinations may be covered as well.
If you’re confused, here’s a simple chart to help:
| Itinerary | EU air carrier | Non-EU air carrier |
|---|---|---|
| From inside the EU to inside the EU | ✔️ Covered | ✔️ Covered |
| From inside the EU to outside the EU | ✔️ Covered | ✔️ Covered |
| From outside the EU to inside the EU | ✔️ Covered | ❌ Not covered |
| From outside the EU to outside the EU | ❌ Not covered | ❌ Not covered |
When EU Passenger Rights Apply to US Passengers
EC 261 can also apply on flights between Europe and the USA. US-based travelers qualify for EU 261 protection in specific circumstances:
When flying from an EU airport, regardless of the airline’s origin.
When flying to the EU on an EU-based carrier.
In some cases, flight disruptions within the US may also qualify under EC 261 if the disrupted flight was part of a single booking reference and connected to an EU flight operated by the same airline. The easiest way to find out if you’re covered is to use the AirHelp Eligibility Checker.
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Compensation for Delays, Cancellations and Overbooking Under EU 261
If your flight was significantly delayed—by at least three hours—or canceled without sufficient advance notice as defined by law, you may be eligible for compensation. As shown in the table below, the EU 261 compensation amount primarily depends on flight distance:
| Flight Distance | EU 261 Compensation Amount |
|---|---|
| Up to 1,500 km / 932 miles | €250 (~$270) |
| 1,500 – 3,500 km / 932 – 2,175 miles | €400 (~$430) |
| Over 3,500 km / 2,175 miles | €600 (~$650) |
The same compensation applies if you’re denied boarding due to overbooking. To make an EU 261 claim, AirHelp can assist with our team of flight experts to simplify the process and handle the legal details.
Just select what happened on your disrupted flight:
Long delay of flights (three or more hours)
Airline Responsibility and Extraordinary Circumstances
Under EC Regulation 261, airlines are required to compensate passengers when they are responsible for delays. However, in cases of extraordinary circumstances, airlines are not obliged to provide compensation. The table below helps clarify when you might be eligible for compensation:
Compensation
Disruptions due to operational issues (e.g., technical problems)
Denied boarding due to overbooking
Missed connections caused by delays on the first leg of your journey
Strikes by airline staff
Extraordinary Circumstances
Severe weather conditions (e.g., snowstorms)
Natural disasters (e.g., volcanic eruptions, earthquakes)
Security threats or emergencies impacting airport operations
Strikes by airport staff
However, airlines must still show that they have taken reasonable measures to prevent the delay. For example, bad weather may be considered an extraordinary circumstance. However, if other airlines were prepared for it and prevented delays, whilst yours didn’t, you should still be entitled to compensation.
In the years since EC 261 was introduced numerous court cases have been contested over what counts as an ‘extraordinary circumstance’. Our legal experts keep up to date with these latest developments. We were particularly pleased with the 2018 ruling by the European Courts of Justice that airline staff strikes cannot be considered an extraordinary circumstance. That means that thousands of passengers who have been affected by airline staff strike action will now be eligible for compensation.
Beyond Compensation: Your rights under EC 261
In addition to EU airline compensation which is monetary, EC 261 includes other rights relating to your treatment. Here are some of the highlights:
1. Obligation to inform passengers of their rights
Your first basic right is to be informed about the content of EC 261. Every airline has to display information on passengers’ rights at their check-in counters in every airport where they operate. If our breakdown of the legalese is still not enough, you can read the actual text of EC 261, as well.
2. Right to reimbursement or re-routing
In addition to compensation for your loss of time, if your delay exceeds five hours, you are entitled to a full or partial refund of your original ticket and a return flight to your point of departure, if needed.
3. Right to care
When a flight disruption occurs and you’re stuck waiting for the airline to get you back on track toward your destination, you’re entitled to a number of essentials, depending on your flight details.
The carrier must provide you with:
Meals and refreshments during the delay
Access to communications, including two telephone calls, telex or fax messages, and emails
If overnight accommodations are necessary, they must provide you with a hotel room and transportation to and from the airport
The following chart explains when passengers are eligible for the right to care:
| Flight details | Length of delay |
|---|---|
| All flights 1,500km or less | 2 hours or more |
| Internal EU flights over 1,500 km | 3 hours or more |
| Non-internal EU flights between 1,500 km and 3,500 km | 3 hours or more |
| Non-internal EU flights over 3,500 km | 4 hours or more |
4. Upgrading and downgrading
If you are offered an alternative flight and placed in a higher class than the one you booked, the air carrier cannot charge you any additional payment. On the other hand, if the class of the alternative flight is lower, you can get a reimbursement between 30% and 75% of the price you originally paid.
5. Further compensation
Your right to compensation under EC 261 does not affect your right to request further compensation. This rule does not apply in cases where passengers have voluntarily surrendered their reservations. Of course, the amount you are entitled to under EC 261 may be deducted from whatever additional compensation you receive.
International Passenger Rights: The Montreal Convention
The Montreal Convention (or MC99) is a multilateral treaty which has been adopted by over 140 countries around the world. Its aim is to establish airline liability in the case of flight delay or luggage problems.
While this law isn’t the most comprehensive, so many nations honor the regulation that it does offer millions of passengers basic rights on international flights.
For delays, flight cancellations, or boarding denials, MC99 protects against unexpected costs. For example, if you miss a prepaid reservation, have to pay for an extra night at a hotel, or rack up any other unforeseen expenses, you could get reimbursed, up to approx $7,000.
The Montreal Convention also helps passengers who experience problems with checked-in luggage on flights, allowing them to reclaim up to $1,700 when bags are damaged, lost, or delayed by the airline.
Read up on the Montreal Convention.
Note that AirHelp can currently only support claims under the Montreal Convention for AirHelp+ customers.
AirHelp's Role
AirHelp Supports You During Flight Disruptions
Why AirHelp?
AirHelp Supports You During Flight Disruptions
AirHelp fights for passengers’ rights. We can help you understand what is rightfully owed to you and get fairly compensated when you experience common flight disruptions such as delays, cancellations, denied boarding, and missed connections.
We also offer information and advice on topics such as luggage compensation, as well as problems that travellers encounter, including airline strikes, bankruptcies, and more.
Our Mission
AirHelp’s mission is to help air passengers. Since 2013 we have been dedicated to serving the travel community by providing crucial, up-to-date information about passenger rights.
So far, we’ve helped 2.5 million passengers get compensation. In doing so, AirHelp has fundamentally changed the legal industry, holding airlines accountable and by offering ‘Justice-as-a-Service’ to consumers.
Why AirHelp?
AirHelp...
Is the world’s largest flight compensation company.
Works with lawyers in 35+ countries.
Uses state-of-the-art technology to pursue each claim.
Takes the stress out of the claim process.
Fights for passenger rights.
Plus, we operate on a no win, no fee basis, eliminating the risk for you completely. So if you need help to get your flight compensation due to a strike, fill out our form today.
We’re always here to help.
Key Resources for Air Passenger Rights
US Passenger Rights
Moreover, the DOT’s website offers resources on passenger rights in the US, including details on filing complaints and understanding airline obligations.
International Passenger Rights
EU Regulation 261/2004 Full Text. Access the complete EU 261 regulation for specifics on EU passenger rights.
Read the full text of the Montreal Convention (pdf).
Commonly asked questions
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