US flight rights: refunds, compensation and how to claim

US air passenger rights work differently from what UK travellers are used to. There is no single overarching law: instead, the Department of Transportation (DOT) sets firm rules in specific areas – overbooking, tarmac delays, baggage and refunds for cancelled or significantly delayed flights – while everything else falls under each airline's own Conditions of Carriage.

This page walks you through what US law covers, where it falls short, and the situations where UK 261 or European Regulation EC 261 may also apply to your journey.

US passenger protection rests on two foundations:

• DOT regulations. The US Department of Transportation enforces federal rules in specific areas, including overbooking, tarmac delays and baggage liability. These are the rights that apply to every airline operating in the US.

• Conditions of Carriage. Each airline has its own contract setting out how it handles disruptions. The details vary from carrier to carrier and may include goodwill measures such as travel vouchers or hotel accommodation that go beyond what the law requires.

The most important thing to know is that airlines are not required to compensate passengers for delays or cancellations. They are, however, required to:

• Issue refunds in certain situations

• Rebook passengers when flights are cancelled

• Look after passengers during lengthy tarmac delays

• Pay compensation for involuntary denied boarding due to overbooking

• Pay compensation for some baggage issues

So flight compensation in the US tends to be the exception rather than the standard. The protections that do exist are worth knowing, and in some cases AirHelp can secure a payout even where federal law stops short.

Overbooking: the one case where US law guarantees compensation

Selling more seats than a plane actually has is a routine practice for US carriers. The maths usually works because a share of passengers does not show up, but when everyone does, the airline has to leave someone behind. For travellers who lose their seat this way, federal law is clear: the airline owes you money, and it owes it to you straight away.

What you can claim if you're bumped from a US flight

To qualify for overbooking compensation, two things need to happen. You must lose your seat against your will, not as part of a voluntary offer, and you must reach your final destination at least an hour later than scheduled. Once both apply, the payout is calculated from your one-way fare, with a ceiling fixed by the DOT.

The figures in the table are only part of the picture. How and when the airline has to pay matters just as much as how much. Here is what the rules actually require in practice:

Refunds for delayed and cancelled US flights

It helps to keep two terms apart before going any further. A refund is your ticket money returned to you. Compensation is a separate payment owed on top of the fare, as redress for the disruption. US federal law deals with the first far more often than the second.

When a flight is significantly delayed or cancelled, passengers have a clear right to be refunded if they choose not to travel. Federal law provides no equivalent right to compensation, regardless of how long the wait stretches.

The automatic refund rule

Airlines are required to issue refunds automatically when a flight is significantly delayed or cancelled and the passenger decides not to travel. The DOT's thresholds are:

• Domestic flights: 3 hours or more

• International flights: 6 hours or more

Once the delay crosses the relevant mark, passengers have three options:

• Stay with the delayed flight. No refund, but you eventually reach your destination.

• Take the airline's rebooking offer. A new flight at no extra cost, again with no refund.

• Walk away. An automatic refund of the ticket price, with no fees or conditions.

Refunds for the third option must be processed within 7 business days for credit card payments, or 20 business days for other methods.

Refunds for cancelled flights

If a flight is cancelled, the reason behind the cancellation does not change the airline's core obligations:

Passengers who want their money back cannot be charged fees or pushed into accepting travel credits instead.

Beyond overbooking and refunds, the DOT covers a handful of further situations that come up often enough to deserve their own rules.

What falls outside US passenger rules

Not every disruption falls under federal rules. Outside the situations covered earlier on this page, airlines operating in the US have wide discretion over what they provide. The split below sets out where federal rules offer no protection and what airlines may still bring to the table.

When carriers do step in with vouchers, miles, hotels or meals, they do so as a goodwill measure rather than a legal entitlement, and the level of support varies considerably from one airline to another. Each carrier sets its own approach in the customer service plan it publishes on the DOT website.

This is where AirHelp's casework tends to concentrate. Long-standing relationships with carriers can open the door to a goodwill payment, and a closer look at the route often reveals that international rules apply where US law alone would offer nothing.

For many flights between the United Kingdom and the United States, UK 261 continues to apply alongside, or instead of, the DOT rules. It provides cash compensation of up to £520 per passenger for lengthy delays or cancellations without adequate notice. EC 261 does the same job for flights connected to the European Union, and remains relevant for itineraries routed through an EU airport.

Whether either regulation applies depends on a mix of the departure airport, the destination and the operating carrier. Three scenarios are worth keeping in mind:

• Departing the UK for the US. Any flight leaving a UK airport is in scope, whoever operates it. A United Airlines service from Heathrow to Chicago falls under UK 261 just as a British Airways one would.

• Returning to the UK on a UK or EU carrier. A flight back from the US qualifies if the operating airline is based in the UK or the EU. British Airways from JFK to Heathrow is covered by UK 261; Virgin Atlantic from Orlando to Manchester is too.

• Returning to the UK on a US carrier. A flight home on American, Delta or United doesn't qualify. The DOT rules covered earlier on this page are the only ones available on that leg.

Code-share flights: which airline counts?

Code-share arrangements are common on transatlantic routes, and they're the source of a recurring misunderstanding. A ticket may show a British Airways flight number while the aircraft is actually operated by American Airlines, or carry a Virgin Atlantic code on a Delta-operated service. What matters for UK 261 is the operating carrier, not the airline whose code appears on the booking.

A practical example: a Manchester to Atlanta itinerary sold as a Virgin Atlantic flight but flown by Delta on the return leg – that is, the Atlanta to Manchester flight – is operated by a US carrier departing a US airport. The DOT rules apply on that leg, not UK 261, even though the booking was made through Virgin.

US passenger protections work differently from what UK travellers are used to, so most of our work on these cases comes down to spotting where a claim is genuinely possible and making the most of it. Three lines of action sit at the core of what we do.

1. Pursuing legal claims

In selected cases, AirHelp handles denied boarding claims linked to overbooking, as well as certain domestic baggage claims where compensation is required by law.

2. Asking for goodwill payments

In situations the DOT leaves uncovered, a goodwill payment from the airline is sometimes still on the table. Our long-running relationships with US carriers help us judge when this is worth pursuing and how to frame the request, although the outcome is never guaranteed.

3. Checking the route for international rules

Many UK-USA itineraries fall partly or fully within UK 261 or EC 261, even when the disruption happens on American soil. We work through the route, the operating carrier and the booking details to see whether a stronger set of rules unlocks compensation that US law alone would not provide.

Every disrupted flight has its own backstory, and the right course of action depends on the specifics. Our Compensation Check runs through your details in a couple of minutes and identifies every avenue you can pursue.

Can UK passengers claim compensation for a delayed US flight?

Federal US law doesn't provide compensation for delays in their own right, regardless of how long the wait turns out to be. The picture changes for many UK–US itineraries, where UK 261 or EC 261 can apply and unlock compensation of up to £520 per passenger on long-haul disruptions. A route-by-route check is the only reliable way to establish eligibility.

Is there a Passenger Bill of Rights in the United States?

No single piece of legislation goes by that name. The phrase is generally used informally to describe the set of DOT rules covering overbooking, tarmac delays, baggage and refunds, none of which include a federal right to compensation for most delays or cancellations.

How much can you claim for being bumped from an overbooked US flight?

Flight compensation ranges from 200% to 400% of the one-way fare, with a ceiling that depends on the route and the length of the delay at the final destination. The cap rises to £1600 for delays beyond 2 hours on domestic flights and beyond 4 hours on international ones. Payment is due before the passenger leaves the airport.

What are passengers entitled to if a US flight is cancelled?

The airline must offer a full refund of the unused portion of the ticket, or rebook the passenger onto the next available flight at no additional cost. Cash compensation on top of the refund is not required by US law, although stronger rules may apply on international routes tied to the UK or the EU.

Is a refund available on a non-refundable ticket when the flight is cancelled?

Yes. When the airline cancels a flight, the fare class on the ticket no longer matters. Passengers who decide not to travel are entitled to a full refund of the unused portion, including on tickets sold as non-refundable.

What rights apply during a long tarmac delay?

Once two hours have passed on the ground, the airline has to provide food, drinking water, working lavatories and medical attention if needed. Passengers must be given the option to disembark after three hours on a domestic flight or four hours on an international one, unless the captain or air traffic control identifies a safety or operational reason not to deplane.

Can UK 261 or EC 261 cover a flight involving the United States?

Yes, on certain itineraries. Any flight departing from a UK or EU airport is in scope regardless of the carrier, and any flight returning to the UK or the EU on a UK or EU airline is also covered. A flight back to the UK operated by a US carrier falls outside both regulations, and only DOT rules apply.