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Flight delays can be one of the most stressful and annoying parts of traveling. The problem is particularly severe if it impacts your onward travel and flight connections. When major delays happen with an American airline, you should ask what the airline’s policy promises. That’s because the US federal government takes a light touch. Meanwhile, in Europe, airlines have to follow clear rules set out by EU261 or UK261. Therefore, you should ask: what does the law require this airline to provide?
Despite the rigidity of European rules, there is still some scope for differences. For example, some carriers have opted to leave it up to passengers to sort out their onward travel if it’s impacted by delays. Refunds then come after the passenger makes a claim. Meanwhile, easyJetretains closer control by sorting such issues out on behalf of their passengers. Still, with both approaches, airlines have to follow rules like EU261.
What Does EU261 Provide To Passengers?
The Air Passengers Rights Regulation 2004, better known as EU261, is the main legislation determining the compensation and assistance to passengers that carriers have to give due to long delays (three hours or longer), denied boarding, and flight cancelation. The compensation will be between 250 euros and 600 euros depending on the flight’s length. To gain compensation, passengers can work with the airline directly or use specialized flight management compensation companies.
Strict rulings in the Court of Justice of the European Union make it nearly impossible for airlines to avoid their obligations. There is no compensation required for delays that are less than three hours, and airlines can develop their own policies for such cases. EU261 doesn’t merely apply to European airlines. It will impact any flight that is departing from European Union member state, as well as those arriving in EU states from outside the EU operated by EU-based airlines.
The main circumstance where the rules don’t apply is if the passenger is using a discounted ticket that is not available to the general public. That rule doesn’t apply to tickets obtained through frequent flyer programs.
Since Britain has left the European Union, the nation’s airlines are no longer bound by EU261. However, the British Government has introduced UK261. This legislation is nearly identical to EU261. The main difference is that passengers’ compensation is paid in Great British Pounds (GBP) rather than Euros.
What Benefits Can Passengers Access Through EU261?
The legislation draws out three types of flights around which compensation and other support are organized. Type one flights are less than 930 miles (1,500 km) in distance. Type two flights are within the EU at a distance of over 930 miles (1,500 km) or leave the EU up to a distance of 2,200 miles (3,500 km). Finally, flights not within the EU of any distance over 2,200 miles (3,500 km) are type three flights.
For delays, cancellations, and denied boarding, passengers get 250 euros for type one, 400 euros for type two, and 600 euros for type three. The compensation is designed to cover a passenger’s inconvenience. Passengers are also entitled to refreshments and communication if the expected delay exceeds two hours for type one, three hours for type two and four hours for type three.
The table below shows the European airlines with the highest delay rates in Europe, causing them to have to pay out enormous amounts of compensation. It uses data from Flight Rights.
Position | Airline | Delay rate (%) | Avg delay (min) | Cancellation rate (%) | Flights operated (thousands) |
|---|---|---|---|---|---|
1 | Vueling | 42.1% | 38 | 2.8% | 210 |
2 | Wizz Air | 39.7% | 35 | 2.5% | 380 |
3 | TAP Portugal | 38.4% | 41 | 3.1% | 140 |
4 | easyJet | 36.8% | 33 | 2.2% | 520 |
5 | Transavia | 35.2% | 31 | 1.9% | 160 |
6 | Ryanair | 33.5% | 28 | 1.4% | 980 |
7 | Eurowings | 32.1% | 34 | 2.6% | 190 |
8 | British Airways | 31.8% | 36 | 1.8% | 310 |
9 | ITA Airways | 30.5% | 37 | 2.4% | 120 |
10 | Air France | 29.3% | 32 | 1.7% | 350 |
EU 261 also gives passengers choices around rerouting and refunds resulting from delays. If the flights taken no longer serve the passenger’s original travel plan, they can get a refund for tickets used and unused, and a flight back to their original departure point.
Alternatively, passengers can get a rerouting to their intended destination at the earliest opportunity. The rerouting can also occur at the passenger’s leisure, although this will be subject to availability. EU 261 obliges airlines to properly inform passengers of their rights in cases of long delays, denied boarding, or cancelation.
How US Legislation Gives Fewer Protections To Passengers
The first lines of the US Department of Transportation guidance on flight delays are brutal. It says that “airlines don’t guarantee their schedules, and you should realize this when planning your trip. Many things can and often do make it impossible for flights to arrive on time. Some of these problems, like bad weather, air traffic delays, and mechanical issues, are hard to predict and often beyond the airlines’ control.”
This is a statement of intent to land on the airline’s side in cases of delays and cancelations rather than passengers. The US Department of Transportation’s guidance is all about maintaining close communication with an airline during long delays, and it acknowledges that carriers are under minimal federal obligations.
Circumstance | Percentage of domestic flights |
|---|---|
On time | 73.12% |
Air carrier delay | 7.36% |
Weather delay | 1.03% |
National aviation system delay | 6.42% |
Security delay | 0.04% |
Aircraft arriving late | 9.94% |
Cancelation | 1.71% |
Diverted | 0.38% |
It suggests passengers proactively try to find out how severe the delay is and take the necessary steps to find out what they could be owed based on the carrier’s policy. The table above shows the on-time arrival performance of domestic flights in the US according to data collected by the Bureau of Transportation Statistics in June 2026.
However, Article 19 of the Montreal Convention provides some support for passengers whose flight has been canceled or delayed. Passengers can use these rules to get reimbursement for damages caused. They can even take the airline to court if they think the airline didn’t take reasonable measures to deal with damages caused by the delays.
How United Airlines Deals With Cancelation And Delays Case Study
Each US airline has unique policies for delays and cancelations. However, taking 
United Airlines and its policy as a case study gives a general perspective of what passengers can expect from US airlines. Bott and Co Solicitors report that passengers can claim compensation if their flight arrived more than three hours delayed or was canceled within 14 days of departure, or if they were involuntarily denied boarding.
As with all US airlines, United must follow the EU 261 or UK 261 rules when flying into the European Union or the UK. However, extreme circumstances causing the delay or cancelation, such as extreme weather events, will void United’s policy. You also need to fulfill your responsibilities as a passenger. For example, you must have checked into your flight on time and in person, and with all of your travel documentation to hand.
You also need to have presented yourself at the departure gate with enough time to board the aircraft. Throughout your interactions with United’s staff, you must not be rude, display anti-social behavior, or be intoxicated. Finally, you must have posed no health, safety, or security risk to staff members and passengers.
United has a generous deadline for passengers hoping to make a claim. You can claim compensation for any eligible delayed or canceled flight in the last six years. Such a long deadline is useful as US airlines have no obligation to make you aware of their refund policies.
Biden-Era Plans Provided Some Passenger Support, Now Canceled By Trump
The Joe Biden presidency began to take measures to address the imbalance between customers and passengers when flights are delayed or canceled. The President Donald Trump administration formally dropped the idea on November 14, 2025. The Airlines for America trade group, which represents many major US carriers, was pleased by the decision, as reported by Simple Flying. It said that:
“We are encouraged by this Department of Transportation reviewing unnecessary and burdensome regulations that exceed its authority and don’t solve issues important to our customers.”
Had the Biden-era plans come into effect, US airlines would have to compensate passengers between $200 and $775 depending on the length of delay. Carriers warned that the plans created an incentive to pre-emptively cancel flights well in advance at the hint of a delay occurring.
Meanwhile, the Trump administration has argued its decision is part of a wider effort to deregulate. It also expressed concerns that the plans would “compromise safety for the sake of efficiency.” Instead, it would like airlines to compete to attract customers by offering the best delay and cancelation policies.
Simple Flying’s readers didn’t hold back in the comments on this topic article, with one saying that “the airlines charge the OEMs penalties for delayed plane deliveries but find it unacceptable to pay penalties when they deliver their passengers late.” Another suggested that something sinister was at play, saying that “the Secretary of Transportation, a former lobbyist for an airline consortium, pushed for a rule that hurts consumers? I’m shocked.”
