Flying to or from the US? Your new rights if your flight gets delayed or cancelled

Since joining Head for Points, I’ve covered EU and UK regulations regarding the right to compensation, refund or re-routing when things go wrong during your flight. Everything from what you are entitled to if you are downgraded to what airlines must do if they cancel your flight.

Those regulations only cover UK and European airlines, or flights departing those countries. Flights by foreign airlines into the UK and Europe were not covered, and neither were flights between other countries.

The US Department of Transport has now introduced its own consumer rights rules for air travel for flights, on any carrier, which land in or depart the United States. It is not an exact copy of EU261 but it does introduce some key protections as well as a big improvement in how refunds are issued (hint: automatically).

The official summary of the new rules is here and the formal wording is here.

Refunds for cancelled flights

If the airline cancels your flight, you are entitled to a full refund, including any taxes and ancillary fees (eg. pre-paid baggage, wifi, meals etc).

This only applies if you do not accept an airline’s offer of alternative flights or accept a voucher, credit or other form of compensation offered by the airline.

Only unflown portions of a ticket are eligible for refund. Airlines do not need to provide a refund for flown portions of a connecting itinerary, for example.

Refunds when your flight is delayed

The regulation also introduces refunds for any flights that are “significantly delayed”. What does that mean? Fortunately, the rule is very specific. A significant delay comprises:

• A delay of three hours or more from when departing or arriving on a domestic flight
• A delay of six hours or more when departing or arriving on an international flight

In order to be eligible for a refund, you must reject any alternative flights or offers of compensation.

Refunds when your flight is changed

You are also eligible for a refund if your flight is changed from what you originally booked. This includes:

• Changes to the departure or arrival airports
• An increase in the number of layovers versus what was booked
• A downgrade from the booked class of service

Passengers with disabilities get additional protections when:

• The connecting airports change from what was booked
• An aircraft with specific accessibility features is changed to one without them

Importantly, you only qualify for a refund for delay or flight change if you do not travel on the delayed flight or reject an alternative flight if offered. It is not a form of compensation, unlike payments made under EU261.

Refunds for delayed bags

You are now also entitled to get baggage fees refunded if your bag does not arrive in a timely manner:

• 12 hours or more for domestic flights
• 15 hours or more for international flights that are 12 hours or less
• 30 hours or more for international flights that are 12 hours or longer

To be eligible for a refund you must file a mishandled baggage report with the airline.

Refunds for wifi or seat selection

The regulation also requires airlines to refund any services that were paid for but were not provided or broken. The rule covers all “ancillary services related to air travel.” This could include:

• Inflight wifi that was broken or unavailable
• Pre-booked seat selection where the booked seat was not available
• Inflight entertainment that was paid for but not available
• Pre-ordered meals that were not provided

Credit vouchers for future pandemics

A covid clause has also been added to the rules. This requires airlines to provide travel credit or vouchers valid for a minimum of five years, when:

• You have been advised not to travel during a serious public health emergency to protect yourself from serious communicable diseases
• You have been prohibited from travel or required to quarantine for a substantial portion of your trip by a government entity due to a public health emergency
• You are advised not to travel by a licensed medical professional because you are likely to have a serious communicable disease and would threaten the health of others

In each case, you must have booked your flights prior to the health emergency being declared or the government-imposed restrictions are put in place.

Refunds must be automatic and prompt

Unlike EU261, which requires passengers to claim refunds or compensation by contacting the airline, the rules issued by the US Department of Transport are clear that refunds should be issued automatically, unless a passenger actively accepts an alternative offer of flights, vouchers, credit or other compensation.

Simply ignoring or not responding to an alternative offer requires the airline to automatically refund the affected flight.

However, you are not entitled to a refund if you accept a rebooked flight or continue with a significantly changed itinerary.

Refunds must be issued within seven business days for credit card purchases and within 20 calendar days for all other payments including cash, check and debit card. The refund will be issued to the original form of payment.

Which flights are covered by these rules?

The rules are clear that the refund requirements apply to any flights “on a scheduled flight to, from or within the United States.”

That means any flights that depart or arrive at airports in the United States are covered, including on foreign airlines.

Interestingly, it means that flights from the UK and Europe to the United States are covered by both EU261 and the Department of Transport’s rules. Any compensation under EU261 is likely to be more generous, although it won’t be issued automatically.

If you want to learn more, you can work your way through the official documentation here.