Many American travelers have heard that in Europe, if your flight is delayed for hours, you often get a cash payout. In the U.S., however, airlines currently don’t have to pay passengers for delays but they only must refund your ticket if they cancel the flight or make a major schedule change. That might finally start to change. A new proposal in the U.S. Senate aims to require cash compensation for long flight delays, similar to Europe’s EU261 rule.
This article will explain the proposed U.S. passenger compensation bill, what rights you have today in the U.S. for delayed flights, and how those rights compare to EU261 flight delay compensation in Europe. We’ll also look at what the changes could mean if they become law, and practical tips for what you can do right now if you’re stuck with a long delay.
What US senators are proposing for long flight delays
In December 2025, a group of 15 Democratic U.S. senators – led by Mark Kelly (Arizona), Ed Markey (Massachusetts), and Richard Blumenthal (Connecticut) – introduced legislation that would for the first time require airlines in the United States to pay passengers cash for significant flight delays.
The bill, called the Flight Delay and Cancellation Compensation Act, seeks to mandate compensation in line with what European and Canadian travelers receive. The headline terms include at least $300 for a delay of more than 3 hours, and at least $600 for a delay of 6 hours or more. In other words, if an airline is responsible for a major delay, they would have to put real money in passengers’ pockets for the inconvenience.
Which delays would count? The proposal targets delays caused by the airline – things like mechanical problems, crew scheduling issues, computer outages, or other factors within the carrier’s control.
Delays due to extraordinary circumstances outside the airline’s control (for example, severe weather or air traffic control ground stops) likely would not trigger compensation, similar to the European model.
The bill text calls these “significant flight disruptions caused by the airline” , implying that if it’s the airline’s fault, they pay – but if a blizzard shuts down the airport, that’s a different story. (The legislation does not list every scenario yet, so details would be defined in regulations if it passes.)
Beyond cash compensation, the Senate proposal also calls for stronger consumer protections in other areas. It would require airlines to offer free rebooking after cancellations or long delays (so you can get on a new flight at no extra cost).
Importantly, it directs the Department of Transportation (DOT) to mandate that airlines cover passengers’ meals and hotels during disruptions – regardless of the cause.
That means even if a delay is due to weather, the airline would have to reimburse reasonable hotel and food expenses. Right now in the U.S., providing meal or hotel vouchers is purely an airline goodwill policy; this bill seeks to make it an enforceable right.
Political context: This proposal comes on the heels of a back-and-forth over passenger rights in recent years. In late 2024, the DOT under then-President Biden had started work on a rule that would require airlines to pay compensation for certain delays (about $200–$300 for 3+ hour delays, and up to $775 for longer delays).
However, the new administration in 2025 withdrew that plan, calling it an “unnecessary regulatory burden” on airlines. Consumer advocates and many lawmakers were unhappy with that reversal – in fact, 18 Senators (including those now sponsoring the bill) urged the administration not to drop the idea. The airlines, for their part, had strongly opposed the Biden-era proposal, arguing that mandatory payouts would drive up ticket prices for everyone.
By introducing this legislation, senators are essentially trying to force the issue through law, since the DOT under the current administration decided not to act. It’s worth noting that some provisions were also discussed in the 2024 FAA Reauthorization bill, showing a growing appetite in Congress to boost passenger rights.
As of December 2025, the Flight Delay and Cancellation Compensation Act is still just a proposal – it would need to pass the Senate and House and be signed by the President before it becomes law.
That process can take time (and bills often face amendments or opposition), so nothing is guaranteed yet. But the fact that this bill was introduced with multiple co-sponsors shows significant political momentum towards EU-style air passenger compensation in the U.S.
Your rights today in the US if your flight is delayed
What are your passenger rights right now in the United States when your flight is delayed? The honest answer is: very limited, especially compared to Europe. Here’s a clear breakdown of what U.S. law currently guarantees, and what it doesn’t:
- No cash compensation for delays: There is no federal requirement for airlines to pay money to passengers for flight delays or schedule changes in the U.S.. It doesn’t matter if you’re stuck for 4 hours or 24 hours – unlike in the EU, U.S. airlines don’t owe you cash for just making you late. The only time U.S. law mandates compensation is if you are bumped from an oversold flight (denied boarding against your will) – in that case, airlines must pay you, but that’s a different scenario (we’ll cover it in the FAQs). For delays and cancellations, U.S. regulations simply don’t provide a payout.
- Right to a refund for cancellations or major schedule changes: If your flight is canceled or has a “significant” schedule change or delay and you choose not to travel, you are entitled to a full ticket refund (even if you had a nonrefundable ticket). This has been a long-standing DOT policy and was recently codified in a 2024 rule defining a “significant change” as a departure or arrival time shift of 3+ hours for a domestic flight (6+ hours for international). In plain language: if the airline cancels your flight or delays it so much that it’s essentially not the trip you booked, you can cancel and get your money back. However, no U.S. law forces the airline to also give you extra compensation for your lost time – the refund of your fare is the main obligation. (Tip: If you’re at the airport and a flight is canceled or super delayed, you can ask the airline to rebook you, but if you decide not to fly that route at all, request the refund instead of a voucher.)
- Airline policies on delays (vouchers, meals, hotels): Each airline has its own Contract of Carriage and customer service policy that may offer things to delayed passengers, but it’s voluntary and varies widely. The U.S. DOT publishes a Customer Service Dashboard that shows what major airlines commit to. For example, all major U.S. carriers promise to provide free hotel accommodation for an overnight delay that’s within the airline’s control, and most will give meal vouchers or snacks if a delay stretches 3 hours or more. But these commitments are not laws or regulations – they are goodwill guarantees the DOT got the airlines to publicly agree to. Crucially, none of the big U.S. airlines promise cash compensation for long delays in their policies. At best, a few might offer travel credits or frequent-flyer miles in certain situations as a courtesy, but that is up to the airline. So, if you’re delayed, you should check with the airline staff at the gate or customer service desk about what they can do for you (meal vouchers, hotel if overnight, etc.). The help you get will depend on the airline’s policy and the cause of delay – for example, if weather is the culprit, U.S. airlines often decline hotel or meal coverage (calling it an “act of God”), whereas if it’s a mechanical issue, they’re more likely to give you a hotel night or other aid.
- Rebooking on other airlines: U.S. law does not require an airline to put you on a competitor’s flight if your flight is delayed or canceled. Airlines will usually try to rebook you on one of their own later flights (or a partner airline if they have interline agreements). Some are more generous in reaccommodating passengers than others. You can always ask if they will endorse your ticket to another airline with an available seat, but don’t expect it as a right. (If the new Senate proposal passes, it might push airlines to rebook “at the earliest opportunity,” potentially including other carriers – but that’s not the rule today.)
As a U.S. air passenger today, your guaranteed protections in a delay are basically a rebooking or refund option, plus whatever customer-service gestures the airline voluntarily provides. Cash compensation for delays is not (yet) a feature of U.S. law.
This is why consumer advocates often recommend purchasing travel insurance or using credit cards with travel delay coverage – those can reimburse some of your expenses (like meals or lodging) when an airline leaves you waiting.
Also, familiarize yourself with your airline’s contract of carriage; it will spell out what they promise to do for you in various delay scenarios. And remember to keep receipts for any out-of-pocket costs during a long delay, as you can sometimes ask the airline for reimbursement after the fact, especially if the issue was under their control.
How EU261 works for delayed flights
Europe’s famous EU261 regulation (formally Regulation (EC) No. 261/2004) is the gold standard of air passenger rights. It’s been in force since 2005 and covers travelers when flights are delayed, canceled, or overbooked. Here’s an overview of how EU261 flight delay compensation works and who it applies to:
When and where EU261 applies: The rules cover flights that depart from any airport in the EU or EEA (which includes the 27 EU countries plus Iceland, Norway, and Switzerland) on any airline, or flights that arrive in the EU/EEA on an airline that is based in the EU/EEA.
For example, a flight from Paris to New York on any airline is covered (because it departs the EU). A flight from New York to Paris on Air France (an EU airline) is covered, but New York to Paris on a US airline would not be (since it departs outside the EU on a non-EU carrier).
In practice, if you’re flying within Europe or on European airlines, EU261 likely protects you. (The UK adopted similar rules post-Brexit, so UK departures or UK carriers have nearly identical compensation schemes under UK law.)
Cash compensation for long delays: EU261 requires airlines to pay lump-sum cash compensation for significant delays, as well as for most cancellations and denied boarding incidents.
The amount is fixed based on the flight distance, not the ticket price. For delays, the rule (as interpreted by European courts) is that if you arrive at your destination 3 hours or more late, you are entitled to compensation (assuming the delay was the airline’s fault). The standard compensation amounts are:
- €250 for short flights (under 1,500 km, roughly up to about 2 hours flights).
- €400 for medium-haul flights (1,500–3,500 km, e.g. flights 2–4 hours within Europe or to nearby regions).
- €600 for long-haul flights (over 3,500 km, typically transcontinental flights).
These are per passenger, flat rates. It doesn’t matter how much your ticket cost – even a €50 low-cost ticket could net €250 if the delay is long enough.
One important condition: the delay has to be on arrival (3+ hours later than scheduled arrival time at your final destination). A flight that takes off very late but somehow makes up time or is re-routed to arrive under 3 hours late might not qualify for compensation.
Extraordinary circumstances: EU261 does not make airlines pay when the cause of delay truly wasn’t within their control. The law exempts “extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken”.
In plain terms, if a freak snowstorm, volcanic ash cloud, air traffic control strike, security emergency, or other external factor caused the delay, the airline is off the hook for the compensation (they still have to take care of you – more on that next). The burden is on the airline to prove the circumstance was extraordinary and that they couldn’t do anything to avoid the long delay.
Routine technical problems with the plane or crew shortages generally do not count as extraordinary – those are considered within the airline’s control. Even some strikes aren’t automatic excuses: courts have ruled that if an airline’s own staff (pilots, cabin crew) go on strike, that might not be extraordinary because it’s an internal issue. By contrast, an airport workers’ strike or air traffic controllers’ strike is outside the airline’s control, so that would exempt the airline from compensation.
Right to care (meals, hotels, rebooking): EU261 not only addresses compensation; it also mandates that airlines take care of passengers during delays. This means if your flight is significantly delayed (typically by 2+ hours for short flights, 3+ hours for medium flights, or 4+ hours for long flights), the airline must provide free meals and refreshments, and if you’re stuck overnight or longer, free hotel accommodation and transportation to the hotel. These “right to assistance” provisions apply even if the cause is extraordinary.
So, for example, if a snowstorm strands you, the airline might not owe you €600, but they still must get you food and a hotel as needed while you wait. Additionally, if a flight is delayed more than 5 hours, EU261 gives you the right to quit your journey and get a full refund of your ticket (and a free flight back to your starting point if you’re mid-journey) – regardless of cause. This is basically a “delay so long it’s as good as a cancellation” clause.
The airline also must offer re-routing if your flight is canceled or heavily delayed. Under EU261, if your flight is canceled or delayed beyond 5 hours, you have the choice of a refund or being rebooked/rerouted to your destination as soon as possible (or at a later date if you prefer).
In theory, this rerouting should include putting you on another airline or a different route if they can’t accommodate you on their own flights in a timely manner. (In practice, passengers sometimes have to push for the earliest possible reroute, but the right is there in the law.)
Enforcing EU261: To claim compensation under EU261, passengers usually have to submit a claim to the airline’s customer service citing the regulation. Many airlines have web forms for EU261 claims.
If the airline rejects a valid claim or doesn’t respond, travelers can escalate to the national enforcement body in the country where the incident occurred or ultimately take the airline to court (there are also private claim agencies that will handle it for a hefty cut of the payout).
The process can take time, but the law is well-established. Airlines sometimes try to wriggle out of paying by citing extraordinary circumstances, so it can be a bit of a fight, but if you know your rights, you often can get the money in the end.
Proposed EU reforms: As of December 2025, the EU261 rules described above are still in effect. However, the EU has been working on updating these passenger rights – the first major overhaul in over a decade.
In June 2025, EU member states (the Council of the EU) agreed on a proposal to raise the delay thresholds and adjust compensation. The proposed changes would require compensation only for delays of 4 hours or more on flights under 3,500 km (with a €300 payout) and 6 hours or more on flights over 3,500 km (with a €500 payout).
This would effectively reduce compensation for many shorter delays (e.g. a 3.5-hour delay on a 2-hour flight would no longer pay out, whereas it currently would). The reasoning is to give airlines a bit more leeway and avoid penalizing minor delays.
The Council’s position also slightly tightens the rules on extraordinary circumstances – airlines wouldn’t be allowed to deny compensation for an “extraordinary” event unless they can prove they took all reasonable measures to avoid the disruption.
As of now, these reforms are not yet law. They have to be agreed with the European Parliament, which has in the past opposed weakening passenger rights (the Parliament wants to keep the 3-hour rule for short flights, for instance). So there’s some back-and-forth before any new EU261 version is finalized.
We mention this so you’re aware that Europe’s regime might change in the coming years, but today EU261 still means 3+ hour delays = compensation in most cases. If you’re flying in Europe, that’s the rule you benefit from right now.
US cash-compensation proposal vs EU261 at a glance
How does the U.S. plan for flight delay compensation compare with the European system? The following table provides a side-by-side snapshot of U.S. rights today, the proposed U.S. bill, and EU261 (current rules) for key aspects:
How do these compare in practice? If the U.S. proposal becomes law, American air travelers would see a big shift in rights for airline-caused delays.
A domestic flyer delayed 4 hours for a mechanical issue would be entitled to $300 compensation in the future, whereas today they get nothing (maybe a meal voucher if lucky).
EU passengers in that scenario get €250. The U.S. payouts ($300~$600) are roughly in line with European amounts (€250~€600) when converted, though EU’s tiered system can pay €400 for medium-haul delays which might be higher for some flights.
Notably, the U.S. bill would also guarantee care (meals/hotel) more broadly than U.S. airlines do now, even covering weather delays – something EU261 already does.
However, the coverage of flights differs: EU261 covers flights starting in Europe even on foreign carriers, whereas a U.S. law would likely cover flights within and from the U.S. (and possibly to the U.S. on U.S. carriers).
Overall, passengers would be better protected under the proposed U.S. system than they are today, but the protections would still have limits similar to EU261 (no comp for weather/ATC delays, etc.).
In some ways, the U.S. rules might end up even more generous on care (covering hotels in all circumstances) while EU261’s strength is the robust cash compensation for delays and cancellations.
What this could mean for your future trips
If this compensation bill becomes law, it could significantly change air travel in the U.S. from a passenger perspective. Here are a few potential impacts and things to keep in mind for the future:
- Closer to EU-style protections: U.S. passengers would finally have a right to cash compensation for long delays caused by airlines. This means if your flight is delayed three or more hours due to, say, a maintenance issue or a pilot scheduling mix-up, you wouldn’t just get apologies or maybe a voucher – you could claim real money for your lost time. It effectively puts a tangible value on your inconvenience, as EU travelers have had for years. You’d also have a clear expectation that the airline must take care of meals and accommodation during any lengthy disruption, which can ease a lot of the stress of being stuck.
- Airlines might change their behavior: Facing a penalty (paying hundreds of dollars per passenger for a delay) could make airlines more proactive in avoiding long delays that are within their control. For example, they might invest more in preventive maintenance, have spare aircraft or crew on standby more often, or be quicker to cancel a heavily delayed flight early (to avoid dragging a delay past the compensation threshold). In Europe, some argue that EU261 compensation has made airlines more punctual and reliable, though others point out airlines sometimes cancel flights rather than have them arrive very late (since cancellation comp is similar to long delay comp). U.S. carriers will likely try to minimize situations where they’d owe lots of payouts – which in theory means fewer and shorter controllable delays for travelers.
- Fares and costs: The airlines have warned that if they have to pay compensation, those costs will ultimately be passed on to consumers via higher ticket prices. It’s hard to predict the exact effect on fares. The EU and other countries with compensation rules still have competitive airfare markets, but it’s possible there could be a slight uptick or certain ultra-low-cost practices might change. Essentially, airlines would be internalizing some costs of delays that passengers currently bear. Even if ticket prices did increase marginally, many consumer advocates feel it’s a fair trade-off for better assurance and accountability – you pay a little more up front, but you’re not left high and dry when things go wrong.
- Enforcement and fine print: If the law passes, the DOT would write detailed regulations to implement it. That process could define exactly how claims are made, how quickly airlines must pay, what proof is needed, and any exceptions. The Senate bill even includes an “interim final rule” to ensure something goes into effect by 18 months after passage. So realistically, even if passed in 2026, the compensation might only start being available to passengers in 2027 once regulations are set. And it will be important to read the final rules: for instance, how will they define an “airline-caused” delay clearly, or will there be any caps or adjustments for multi-leg trips, etc.? We’ll have to stay tuned.
- Uncertainty and possible changes: It’s worth noting that legislation can be amended or could stall. There might be compromise versions – for example, the amounts could change, or airlines might lobby for a higher delay threshold (4 hours instead of 3, etc.). There’s also the question of getting it through both chambers of Congress. The fact it was introduced suggests strong interest, but nothing is guaranteed until it’s signed into law. So travelers shouldn’t assume just yet that they’ll automatically get $600 for a long delay on their next trip – but they should be aware of the debate and be prepared for new rights if and when they kick in.
If this proposal becomes reality, it would mark a major shift in U.S. passenger rights. The U.S. would go from one of the more laissez-faire approaches to flight delays to one of the stronger stances on passenger compensation.
It won’t prevent bad weather or prevent all delays, but it would mean when your airline is at fault, you won’t bear the whole cost of the disruption. Still, until any law is enacted, it’s best to manage your expectations (and have backup plans like insurance) when flying in the U.S.
What you can do right now if your flight is delayed
No one likes to be stuck in an airport for hours on end. Until any new laws arrive, here are practical steps you can take today if you find yourself facing a long flight delay in the U.S. (or frankly, anywhere):
- Determine the cause of the delay. As soon as you learn your flight is delayed, try to find out why. Is it due to weather, a mechanical issue, a crew not arriving on time, or something else? This context is important. If it’s clearly weather or air traffic control, the airline likely won’t offer freebies (since it’s beyond their control), and your travel insurance might be your only recourse for expenses. If it’s an airline issue (e.g. “mechanical problem” or “we’re waiting for a crew member”), politely note that – it can strengthen your case when asking for assistance because the airline knows it’s on them. Sometimes gate agents announce the reason; other times you might have to ask an agent directly. Even checking the airline’s app or flight status updates can give clues (some apps show “awaiting crew connection” or similar notes).
- Know your immediate rights. Remember that for U.S. flights, if your delay becomes extremely long (generally overnight or multiple hours), you have the right to cancel your trip for a refund instead of waiting. This could be an option if you have alternative ways to get there or if the trip is no longer worthwhile. Also, if the delay exceeds 3 hours (domestic) or 6 hours (international) and you haven’t departed yet, that meets the DOT’s definition of “significant delay” – you could proactively ask the airline to refund you, then try to book a different flight or route on your own. However, don’t cancel a booking until you have confirmation from the airline that you’ll get a refund; otherwise you might be stuck. If the flight is ultimately canceled, you’re definitely entitled to a refund if you want it.
- Talk to the airline – ask for what you need. Airline agents won’t always volunteer compensation or amenities, so it’s important to ask politely. If you’re at the airport during a delay, go up to the gate agent or a customer service desk (or use the airport courtesy phone if lines are long) and inquire: “Because this delay is so long, will the airline provide hotel accommodation or meal vouchers?” Even in the U.S., many airlines will hand out meal vouchers for delays around 3+ hours (especially around typical meal times) – but you might have to ask. For overnight delays caused by airline issues, most will arrange a hotel or give you a hotel voucher; if they don’t mention it, definitely request it. If the delay is weather-related, they likely won’t give a free hotel, but it’s still worth asking if they have any distressed traveler rates or cots if you’re stuck at the airport overnight. Always be polite and calm – agents have discretion, and they’re more inclined to help a respectful customer.
- Use self-service tools as well. While you’re waiting in line to talk to an agent (or on hold on the phone), use the airline’s mobile app or website. Many airlines allow you to see and select alternative flights right in the app when your flight is delayed or canceled. You might be able to rebook yourself to a later flight that same day, or even to a different connecting route, faster than waiting for an agent. If you find a good alternative on another airline, you can ask the agent if they’ll endorse your ticket or transfer you – they may say no, but it doesn’t hurt to ask, especially if your airline’s next flight is tomorrow but another airline has a seat today.
- Document everything. Keep all receipts for expenses you incur due to the delay – meals, hotels, ground transportation, etc. Also, note your flight’s delay details (actual departure/arrival times) and any communications from the airline about the cause. This documentation will be useful if you seek reimbursement later. Some airlines have a customer care process where you can submit receipts for reasonable expenses if the delay was their fault (even if not legally required, they may pay as a goodwill gesture). Also, if future laws or regulations come into effect retroactively or if you decide to take other action, having proof is key.
- Consider travel insurance or credit card benefits. If you have travel insurance (either a separate policy or through a premium credit card), check if your situation qualifies for trip delay coverage. Many policies will reimburse you for meals, hotels, and incidental expenses if your flight is delayed beyond a certain threshold (often 6+ or 12+ hours, depending on the policy). For example, some credit cards will pay up to $500 for a delay over 6 hours. You generally need to pay for the expenses and then file a claim for reimbursement. If you’re facing an overnight delay with no help from the airline (like in a weather meltdown), using your insurance to get a hotel and meals is a smart move. Just be sure to keep those receipts and proof of the flight delay (like an email or screenshot from the airline).
- If flying to/from Europe or other regions with rights, use them. If any part of your journey falls under EU261 or other country’s laws, take advantage of that. For instance, if you fly from Europe to the US and get delayed over 3 hours upon arrival, you can file for EU261 compensation from the airline when you get home. Or if you’re on a flight from Canada, know that Canada’s Air Passenger Protection Regulations might entitle you to compensation (Canada requires up to CAD $1,000 for long delays on large airlines). In short, always consider where your flight is and what rules apply – sometimes U.S. passengers get protection without realizing it, if the flight is under a foreign jurisdiction’s rules.
- Escalate if necessary. If you feel an airline isn’t living up to its promises or obligations, you can escalate your complaint. In the U.S., you can file a complaint with the DOT Air Consumer Protection division. They won’t get you money immediately, but it does put pressure on the airline to respond. For EU flights, you can complain to the national enforcement body in the country of departure or to a consumer rights organization. For immediate issues at the airport, asking for a supervisor or politely pointing out the airline’s published policy (say, showing their contract of carriage section that says they provide hotels for controllable overnight delays) can help. Always keep names of any staff who give you information, in case you follow up later.
- Stay informed and flexible. While waiting, stay alert for updates. Flights can sometimes un-delay (if a new fix is found or weather clears) or further delay. Sign up for airline text/email alerts and monitor the flight status. If you have a connection that looks impossible due to the delay, talk to gate agents early about rebooking that next segment – they might proactively protect you on a later flight. If you’re at risk of an overnight, consider grabbing a hotel before they fill up (many airport hotels get booked quickly when there’s a major disruption). And if you end up severely delayed, try to make the most of it – explore the airport, use lounge passes if you have them, keep devices charged, and so on.
Until U.S. law catches up, you as the traveler have to advocate for yourself using the tools and rights currently available. Know that airlines in the U.S. will usually help in controllable delay situations if pressed, but you may get nothing for things like weather delays.
Having a backup plan (insurance, funds for emergencies, flexibility in travel plans) is wise. And if/when the new compensation rules arrive, be prepared to file those claims and get what you’re entitled to!
The Takeaway
Air travel disruptions are never fun, but where you fly matters a lot for your rights as a passenger. In the United States, as of now, airlines don’t have to pay you for long delays – they only owe you a refund if they cancel or significantly delay your flight and you opt not to take the new schedule.
That could finally change if the proposed Senate bill on compensation for delays becomes law, bringing U.S. policy more in line with places like the EU, which for years have required airlines to compensate passengers in cash for lengthy delays and cancellations.
European Union rules (EU261) give travelers strong entitlements – up to €600 for long delays – and have set a high bar for passenger rights. The U.S. is now debating whether to adopt a similar approach, with a suggested $300/$600 compensation scheme for 3+ or 6+ hour delays.
As of December 2025, the U.S. compensation plan is just a proposal, not a guaranteed right. It faces political hurdles and, even if passed, will take time to implement.
Meanwhile, EU261 remains fully in force (with potential tweaks on the horizon to delay thresholds) and is the strongest protection air travelers have for delays. If you’re flying internationally, be mindful of those differing regimes – a flight delayed in Europe might entitle you to a check, whereas a similar delay domestically would not (yet).
Going forward, it’s wise for travelers to stay informed. Passenger rights can evolve, and knowing the current rules can save you money and stress. Always check what you’re entitled to – be it a refund, a hotel room, or compensation – and don’t be afraid to ask for it.
Keep your expectations realistic (airlines won’t suddenly run perfectly on time), but also hold them accountable when they don’t meet their obligations. If the U.S. law passes, make sure to claim what’s yours. If you’re flying in regions with strong rights like the EU, take advantage of those protections. And regardless of rights, continue to travel smart: leave buffers in your schedule, consider insurance for big trips, and have a plan B when possible.
In the end, both the U.S. and EU approaches share the goal of pushing airlines to treat passengers fairly when things go wrong. Europe chose the stick of compensation; the U.S. historically favored market forces and minimum guarantees.
Now the U.S. might add a bit more stick as well. That could mean a fairer deal for you when your flight is delayed – and maybe, hopefully, fewer long delays to begin with as airlines strive to avoid paying up. Safe travels, and may your flights be on time (but if not, may you at least be compensated or comfortably accommodated!).
FAQ
Q1. Does U.S. law already guarantee cash for long delays?
No. As of December 2025, U.S. law does not guarantee cash compensation for delays. Airlines must refund you only if they cancel your flight or make a significant schedule change you do not accept. Delay compensation is voluntary. The only required cash payment in U.S. law applies to involuntary denied boarding on oversold flights.
Q2. What is the new U.S. proposal and is it in effect?
A Senate bill introduced in December 2025 would require airlines to pay cash for long airline-caused delays (about $300 for 3+ hours and $600 for 6+ hours). It is not law yet. It must pass Congress and then be implemented by the Department of Transportation, likely no earlier than 2026 or 2027.
Q3. If my U.S. flight starts in Europe, can I claim EU261 compensation?
Yes. EU261 applies to all flights departing the EU/EEA, regardless of airline. A Europe to U.S. flight on any carrier is covered. Flights from the U.S. to Europe are covered only if the operating airline is EU-based.
Q4. Can I claim both EU261 compensation and a refund for the same flight?
Not for a pure delay. If you skip the flight and take a refund, you usually cannot also claim delay compensation, which is meant for passengers who arrive late. For cancellations within 14 days, you may receive both a refund and compensation.
Q5. What counts as an extraordinary circumstance under EU261?
Events outside the airline’s control, such as extreme weather, airspace closures, security emergencies, bird strikes, air traffic control strikes, or manufacturer-related safety defects. Routine mechanical issues, airline crew shortages, internal IT failures, or airline employee strikes are not extraordinary.
Q6. Are strikes covered by EU261?
Airline staff strikes are compensable because they are considered within the airline’s control. Strikes by external workers, such as air traffic controllers or airport staff, are extraordinary circumstances, so compensation is not required.
Q7. Do credit cards or travel insurance help with delay costs?
Yes. Many travel credit cards and insurance policies reimburse meals, lodging, and transportation after long delays, usually starting at 6 hours or requiring an overnight stay. They cover costs but do not pay lump-sum delay compensation like EU261.
Q8. If I get stuck overnight due to a delay, what should I do?
Ask the airline for a hotel if the delay is airline-caused. If they cannot provide one, book a room quickly, keep all receipts, and claim reimbursement through your card or insurance. Always secure rebooking for the next day before leaving the airport.
Q9. Will the new U.S. compensation rules raise ticket prices or cause more cancellations?
Possibly slightly. Airlines may pass on some costs or adjust operations, but similar rules in Europe and Canada did not produce dramatic fare increases. Some carriers might cancel severely delayed flights sooner to reset schedules.
Q10. What should U.S. travelers do right now to protect themselves?
Understand your current rights, use credit card or insurance delay coverage, keep receipts, monitor flights closely, and stay updated on the progress of the proposed U.S. compensation law.
Sources:
- Reuters – “US senators want airlines to pay passengers cash for long delays” (Dec 4, 2025) reuters.com
- U.S. Dept. of Transportation – Customer Service Dashboard (airlines’ commitments on delays/cancellations) transportation.gov
- Senator R. Gallego Press Release (Dec 4, 2025) – Summary of Flight Delay and Cancellation Compensation Act provisions gallego.senate.gov
- European Commission – Air Passenger Rights (EU261) overview en.wikipedia.org
- Council of the EU Press Release (June 5, 2025) – Proposed EU passenger rights revisions (delay thresholds 4/6 hours, €300/€500) consilium.europa.eu