What are my rights if my flight is delayed?

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When your travel plans are disrupted by a flight delay, understanding your rights is the first step toward securing compensation, care, and alternative arrangements. Flight passenger rights are governed by a complex web of international treaties, regional regulations, and individual airline policies. Navigating these requires a clear distinction between where you are flying, the airline’s nationality, and the specific circumstances surrounding the delay.

1. The Regulatory Framework: EC 261/2004 and Beyond
The most robust protections for air travelers exist under the European Union’s Regulation (EC) No 261/2004. This regulation applies to:
   All flights departing from an EU airport, regardless of the airline.
   Flights arriving at an EU airport from outside the EU, provided the airline is headquartered within the EU.

Under these rules, if your flight is delayed by more than three hours, you may be entitled to financial compensation ranging from €250 to €600, depending on the flight distance, unless the delay was caused by "extraordinary circumstances" (such as severe weather, air traffic control strikes, or security threats).

2. The Right to Care
Regardless of the cause of the delay—even if it is due to extraordinary circumstances—airlines have a legal duty of care toward their passengers. If your flight is delayed beyond a specific threshold (usually two to four hours, depending on the distance of the flight), the airline must provide:
   Communication: Two free telephone calls, emails, or faxes.
   Refreshments and Meals: Vouchers or reimbursement for food and water appropriate to the length of the wait.
   Accommodation: If the delay necessitates an overnight stay, the airline must provide hotel lodging and transportation between the airport and the hotel.

You should always request these vouchers at the airport service desk. If the airline fails to provide them and you are forced to pay out-of-pocket, keep all receipts, as these are generally reimbursable upon submission of a formal claim.

3. Flight Cancellations and Re-routing
If a delay becomes significant enough—typically five hours or more—you gain the right to abandon your journey entirely. In this scenario, you are entitled to a full refund of the ticket price for the part of the journey not made, and if applicable, a return flight to your initial point of departure at the earliest opportunity.

If you choose to continue your travel despite the delay, the airline must provide re-routing options. Note that accepting a voucher or an alternative flight does not necessarily waive your right to claim compensation for the original delay, provided that the arrival time at your final destination is still delayed by the requisite number of hours.

4. Rights in the United States
In the United States, passenger rights are significantly more limited compared to the EU. The U.S. Department of Transportation (DOT) does not mandate cash compensation for delays. Instead, rights are governed by the airline’s Contract of Carriage.
   No Federal Requirement for Compensation: Airlines are not legally required to compensate you for a delay unless it involves a "tarmac delay" exceeding three hours for domestic flights or four hours for international flights.
   Airline Discretion: Most major U.S. carriers have committed to providing meal vouchers for delays of three hours or more and hotel accommodations for overnight delays when the delay is within their control (e.g., mechanical issues or crew scheduling).
   Check the Contract: Always review the specific airline’s policy on their website. Some carriers are far more generous than others regarding rebooking on partner airlines or providing travel credits.

5. Essential Steps to Take When Delayed
To ensure you maximize your chances of receiving compensation or reimbursement, follow these steps systematically:

1.  Document Everything: Note the exact time of arrival at your final destination. Take photos of departure boards showing the delay and keep your boarding pass.
2.  Ask for the Reason: Request written confirmation from airline staff regarding the cause of the delay. This is crucial for determining if the delay was within the airline's control.
3.  Keep Receipts: If you spend money on meals, transportation, or hotels, retain every itemized receipt. Do not throw anything away until your claim is settled.
4.  Do Not Sign Waivers: Be wary of signing "settlement" documents at the gate that offer a small travel voucher in exchange for waiving your right to pursue further legal compensation. Often, these vouchers are worth much less than the statutory compensation you might be entitled to.
5.  Submit a Formal Claim: If you are entitled to compensation, submit your claim directly through the airline’s website. Avoid using third-party "claims companies" if possible, as they often take a significant percentage (25–35%) of your payout.

6. Travel Insurance
Finally, check your credit card benefits or personal travel insurance policy. Many premium credit cards offer "Trip Delay Insurance," which can cover expenses incurred during a delay (such as toiletries or emergency clothing) that the airline may not cover. This is often the most effective way to be made whole when the airline’s liability is limited by local law.

By understanding these rights and acting with diligence, you can mitigate the frustration of travel disruptions and ensure that you are not left bearing the financial burden of an airline’s operational failures.