Europe has great regulations in place to protect its airline passengers, holding airlines accountable for delays or cancellations that could have been avoided. EC 261 helps passengers get compensated for their troubles, and you may be wondering if there are similar laws in place throughout the world, particularly in the United States of America.
Unfortunately, there are no similar overarching laws in place; however, that doesn’t mean you’re still not protected. In some cases, EC 261 may apply, while there are other regulations in place that can help you recover losses if you are bumped due to overbooking. Let’s explore more.
Key Takeaways
- The United States does not have an overarching law similar to EC 261 in Europe to protect airline passengers in case of delays or cancellations that could have been avoided.
- If your flight involves European travel and you face a delay, cancellation, or overbooking, you may be eligible for compensation under EC 261.
- In the United States, airlines are only required to compensate passengers if they are denied boarding due to overbooking, but many airlines may offer goodwill gestures such as travel vouchers or free miles to retain your business.
- It’s always worth asking your airline for compensation if your flight is delayed, canceled, or overbooked, even if there are no laws mandating it.
- European laws tend to hold airlines more accountable and aim to reform the airline industry to be more efficient, while US laws strongly favor airlines.
EC 261 And The USA
If your trip has a touch point in the European Union and you face a delay or cancellation, then EC 261 may apply. For example, if you were supposed to take off in London but were delayed for four hours, you could be eligible for compensation, even if you were traveling to the United States. Some of the qualifying circumstances include:
- Delayed flights of three hours or more.
- Canceled flights with less than 14 days’ notice.
- Overbooked flights where you are denied boarding for no fault of your own.
- Missed connecting flights due to delays in other legs of your journey.
Depending on the circumstances, you could be eligible to claim up to $700 (€600) per passenger, so it is worth exploring. The most important thing to remember is that the issue has to involve European travel, and the issue must have been avoidable by the airline.
USA Flight Compensation Laws
Flight compensation laws in the US strongly favor the airlines, so they can set their own rules when it comes to accommodating their guests. Airlines are not required to compensate passengers if their flights have been delayed or canceled.
Instead, airlines are only required to compensate passengers if they are denied boarding due to overbooking. Depending on the circumstances, you may be eligible to claim up to $1,350 from the airline if you are denied boarding due to overbooking. Many airlines will offer generous packages to passengers to voluntarily give up their seats, and as long as it’s a higher value than you’d be eligible to claim, you can take it if needed. You simply give up the right to seek future compensation, which isn’t a huge loss since there isn’t great protection in the United States.
Now, airlines may offer goodwill gestures in the case of a delay or cancellation, so it’s important to be kind even if you are frustrated. They will help you get on the next flight and could potentially offer travel or drink vouchers or free miles, but this is up to the discretion of the agent. If your flight is delayed an extended period of time, they may also pay for meals or a hotel. In some cases, you may also be eligible for a refund, so it really just depends on how generous the airline is feeling.
So Does EC 261 Apply To The United States?
EC 261 could apply to your flight issue, as long as your flight involves European travel. There is additional protection in the United States if your trip does not involve Europe, but only if you are traveling and you get bumped due to overbooking.
US laws strongly favor the airlines, while in Europe, they lean more toward holding airlines accountable and reforming the airline industry to be more efficient. It doesn’t hurt to ask your airline if your flight is delayed, canceled or overbooked. Many will offer compensation as a goodwill gesture simply to retain your business in the long run.
Frequently Asked Questions
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What is EC 261?
EC 261 is a European regulation that compensates airline passengers for delays, cancellations, and denied boarding in certain circumstances.
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Does EC 261 apply to flights in the US?
EC 261 may apply to flights with a touch point in the European Union, even if the final destination is the US.
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What are the qualifying circumstances for EC 261 compensation?
Qualifying circumstances include delayed flights of three hours or more, canceled flights with less than 14 days’ notice, overbooked flights where passengers are denied boarding, and missed connecting flights due to delays.
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What compensation can passengers receive under EC 261?
Depending on the circumstances, passengers could be eligible to claim up to $700 (€600) per passenger.
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What are the US flight compensation laws?
Flight compensation laws in the US strongly favor the airlines, so they can set their own rules for accommodating their guests.
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When are US airlines required to compensate passengers?
US airlines are only required to compensate passengers if they are denied boarding due to overbooking.
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What compensation can passengers receive under US flight compensation laws?
Depending on the circumstances, passengers may be eligible to claim up to $1,350 from the airline if they are denied boarding due to overbooking.
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What other compensation can passengers receive from airlines in the US?
Airlines may offer goodwill gestures such as travel vouchers, drink vouchers, free miles, or meals and hotel accommodations in cases of extended delays. However, this is up to the discretion of the airline.
