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This article explains what travellers need to know about cancellations, delays, and their right to a refund – especially under European and American regulations.

What Counts as a Delay or Cancellation?

• A flight delay means your flight leaves or arrives later than scheduled.

• A flight cancellation means the flight is withdrawn and does not operate at all.

While the distinction might seem minor, your rights as a passenger differ depending on which of the two occurs, and on which regulations apply.

Your Rights Under EU Law (EC 261/2004)

One of the most comprehensive passenger protection laws in the world is EU Regulation EC 261/2004. It applies to:

• All flights departing from an EU airport (regardless of the airline),

• Flights arriving in the EU if operated by an EU-based airline.

Under this regulation, passengers are entitled to the following in case of cancellations or long delays:

1. Right to a Refund or Rebooking

If your flight is cancelled, the airline must offer you:

• A full refund of your ticket,

• An alternative flight at the earliest opportunity,

• Or a rebooking at a later date that suits you.

This applies regardless of the reason for the cancellation.

2. Right to Compensation

In addition to a refund or rebooking, you may be entitled to compensation ranging from €250 to €600, depending on:

• The distance of the flight,

• The length of the delay upon arrival,

• When you were notified of the cancellation.

For example:

• For flights under 1,500 km, you may receive €250.

• For flights between 1,500 and 3,500 km, €400.

• For flights over 3,500 km, €600.

This compensation is due unless the airline can prove that “extraordinary circumstances” caused the disruption. These include events like severe weather or air traffic control strikes – but not technical problems or crew shortages, which are considered within the airline’s control.

3. Right to Care

If you have a delayed flight for more than two hours, the airline must provide:

• Meals and refreshments,

• Two free calls or emails,

• Hotel accommodation and transport if an overnight stay is necessary.

These benefits apply even if the delay was caused by extraordinary circumstances.

Your Rights Under US Law

In the United States, regulations differ. The Department of Transportation (DOT) protects passengers’ rights, but there is no standard compensation for delays. However, you are entitled to:

1. A Full Refund

If your flight is cancelled or significantly changed and you choose not to travel, the airline must issue a full refund – even for non-refundable tickets.

2. Tarmac Delay Protection

If you are stuck on a plane on the tarmac for more than three hours (for domestic flights) or four hours (for international flights), the airline must allow you to disembark, unless safety reasons prevent it. Airlines can face heavy penalties if they fail to comply.

3. Assistance During Disruptions

Airlines may offer meals, vouchers, or hotel accommodation, but this is not guaranteed by law. Policies vary between carriers, and each airline’s contract of carriage outlines what passengers can expect.

How to Claim a Refund or Compensation

Step 1: Gather Documentation

• Save your boarding pass, booking confirmation, and any communication from the airline.

• Write down the reason given for the delay or cancellation.

• Take photos of departure boards if relevant.

Step 2: Contact the Airline

Most airlines have an online form for refund or compensation requests. Include all details and supporting evidence.

Step 3: Escalate If Necessary

• In the EU, if the airline denies your claim unjustly, you can contact your national enforcement body or take legal action.

• In the US, complaints can be submitted to the DOT’s Aviation Consumer Protection Division.

When You Are Not Entitled to Compensation

Even under strong frameworks like EC 261/2004, not every delay or cancellation qualifies for compensation. You are not entitled to monetary compensation if:

• You were informed of the cancellation more than 14 days in advance.

• The airline offered a rerouting that arrives at nearly the same time.

• Extraordinary circumstances were the root cause.

However, in most cases, you are still entitled to a refund or alternative transport.

The Role of Claims Agencies

Companies like AirHelp help passengers understand their rights and file claims on their behalf. These agencies:

• Check if your flight qualifies for compensation,

• Handle the paperwork and legal process,

• Charge a fee only if the claim is successful.

While it's entirely possible to claim compensation yourself, some passengers prefer the simplicity and support of using such a service.

Tips to Protect Yourself

1. Know your rights – especially if you fly within or to/from the EU.

2. Check the cause – technical problems? Airline is liable. Bad weather? Probably not.

3. Document everything – written proof of delay or cancellation strengthens your case.

4. Act quickly – while EU claims can be made years later, it's best to start soon.

5. Don’t accept vouchers unless you want them – opting for a travel voucher may void your right to cash compensation.

Conclusion

Flight disruptions are stressful, but they don’t have to leave you helpless. Thanks to strong legal protections in the EU and clear refund rules in the US, you can often recover your money and sometimes more. Whether you're dealing with a short delay or a total cancellation, the key is to know your rights, act swiftly, and keep all relevant documents.

For those seeking support, trusted services like AirHelp can assist in pursuing claims, especially in complex cases. And while laws vary across regions, one truth remains: airlines have responsibilities, and you, as a passenger, have the right to demand fair treatment.