references/passenger-rights.md

Passenger Rights Reference

Last verified: September 2026. Items marked (verify) change periodically or were uncertain at time of writing. Confirm against official sources when possible: the US DOT aviation consumer protection pages, the European Commission's air passenger rights pages, the UK Civil Aviation Authority, and the Canadian Transportation Agency.

Contents

1. United States (DOT)
2. EU261
3. UK261
4. Montreal Convention
5. Other regimes

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1. United States (DOT)

Automatic refunds (2024 rule, in effect)

A passenger is entitled to a refund of the full fare, including taxes and fees, when the flight is cancelled or significantly changed and they decline the alternative offered (or none is offered).

A significant change includes:

• Departure or arrival moved by 3+ hours domestic or 6+ hours international
• Different departure or arrival airport
• Additional connection points
• Downgrade to a lower class of service
• Connections at airports less accessible for a passenger with a disability

Timing: refunds within 7 business days for credit card purchases and 20 calendar days for other payment methods. Refunds go to the original form of payment, not a voucher, unless the passenger chooses a voucher.

Ancillary fees:

• Checked bag fee refunded if the bag is significantly delayed: generally not delivered within 12 hours of arrival for domestic flights, 15 hours for international flights of 12 hours or less, or 30 hours for international flights over 12 hours (verify)
• Fees for services paid for but not provided (seat selection, Wi-Fi) are refundable

Some narrow parts of the rule have been under administrative reconsideration since late 2025 (verify current enforcement).

No federal cash compensation for delays

The proposed rule requiring cash compensation for controllable delays was withdrawn in November 2025. Any meals, hotels, or compensation for delays come from the airline's own customer service commitments, so check the airline's customer service plan and the DOT airline customer service dashboard.

The separate ancillary fee transparency rule was vacated by the Fifth Circuit in February 2026.

Involuntary denied boarding (bumping)

When a passenger with a confirmed reservation is involuntarily bumped from an oversold flight, compensation is a multiple of the one-way fare, depending on how late they arrive, with caps adjusted for inflation periodically:

• Arrives 1–2 hours late domestic (1–4 hours international): 200% of one-way fare, up to a cap
• Later than that: 400% of one-way fare, up to a higher cap
• Last known caps: $775 and $1,550 (verify, these are inflation-adjusted)

The passenger can demand a check or cash rather than a voucher. Volunteers who give up seats negotiate their own terms and don't get these protections.

Tarmac delays

Airlines must have contingency plans, provide food, water, and working lavatories, and generally can't hold passengers on the tarmac beyond 3 hours domestic or 4 hours international without letting them deplane, with safety exceptions.

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2. EU261 (Regulation (EC) No 261/2004)

Coverage

• Flights departing an EU/EEA or Swiss airport, on any airline
• Flights arriving in the EU/EEA or Switzerland from outside, on an EU carrier

Compensation (fixed amounts)

Triggered by arrival at final destination 3+ hours late, cancellation notified less than 14 days before departure (with exceptions if a close alternative is offered), or involuntary denied boarding, unless the airline proves extraordinary circumstances.

Can be reduced by 50% when rerouting gets the passenger to the destination within 2, 3, or 4 hours of the original arrival (by distance band).

Extraordinary circumstances (no compensation owed)

Generally: severe weather, ATC decisions, security risks, political instability, strikes by third parties like airport or ATC staff, bird strikes.

Generally not extraordinary: routine technical problems, crew shortages, the airline's own staff strikes. EU court case law has consistently held this line.

Duty of care (owed regardless of cause)

Meals and refreshments in reasonable relation to waiting time, hotel accommodation if an overnight stay is needed, transport to the hotel, and communication. If the airline doesn't provide these, keep receipts and claim reasonable costs.

Refund or rerouting

For cancellations and long delays, the passenger chooses between a refund or rerouting at the earliest opportunity or at a later date.

Deadlines

Set by national law of the country where the claim is brought; they vary widely, from about 1 year to 6 years (verify for the specific country).

2026 reform status

The Parliament and Council reached a provisional political agreement in mid-June 2026. Most reports say it keeps the 3-hour threshold and the €250/€400/€600 amounts, adds a standard list of extraordinary circumstances, and addresses cabin bags and rerouting, though at least one outlet reported higher thresholds. It still needs formal adoption and a transition period. Until it formally takes effect, the current rules above apply. Verify the final text and effective date before relying on any change.

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3. UK261

Mirrors EU261 after Brexit, with amounts in pounds:

Coverage: flights departing the UK on any airline, and flights arriving in the UK on a UK or EU carrier. Claims in England and Wales can generally be brought within 6 years. The UK Civil Aviation Authority oversees enforcement, and many airlines belong to approved ADR schemes.

A trip can be covered by both EU261 and UK261, but a passenger can't be compensated twice for the same disruption.

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4. Montreal Convention

Applies to most international carriage between signatory countries. Covers actual, provable damages, not fixed payments:

• Delay damages (e.g., a lost hotel night, a missed prepaid event), up to a liability limit
• Baggage loss, damage, or delay, up to a liability limit

Limits are in Special Drawing Rights (SDR) and were revised upward effective December 2024; the baggage limit is roughly 1,519 SDR per passenger (verify).

Written complaint deadlines are strict:

• Damaged baggage: within 7 days of receipt
• Delayed baggage: within 21 days of delivery
• Lawsuits: within 2 years

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5. Other regimes

Canada (APPR), Brazil, Turkey, Israel, India, and others have their own passenger rights rules with different thresholds and amounts. Look up the current rules rather than applying EU amounts by analogy.