Passenger Rights Explained: EU 261, US DOT and the Montreal Convention

Passenger rights are one of those subjects where the internet is full of confident but wrong information. A traveler on a delayed Ryanair flight from Dublin to Barcelona is in a very different position from someone on a delayed United flight from Newark to Denver, even if both delays are exactly six hours long.

Three separate rulebooks matter for most travelers. This guide walks through each, and then explains which one applies when.

EU 261/2004 in plain English

EU Regulation 261/2004 is the strongest passenger-protection law in commercial aviation. It applies to any flight departing an EU airport, plus flights operated by an EU carrier arriving in the EU. Post-Brexit, the UK operates a near-identical UK261.

Two things trigger EU 261 compensation: a cancellation (with less than 14 days' notice, and no comparable rebooking) and a delay of 3+ hours at arrival. Compensation is fixed, in cash, not vouchers:

• 250 EUR for flights up to 1,500 km (for example Amsterdam to Rome).
• 400 EUR for intra-EU flights over 1,500 km and other flights between 1,500 and 3,500 km (Madrid to Reykjavik).
• 600 EUR for flights over 3,500 km outside the EU (Paris to Tokyo).

The airline can reduce compensation by 50% if it rebooks you within 2-4 hours of your original arrival, depending on distance.

Compensation does not apply if the disruption was caused by "extraordinary circumstances": weather severe enough to close the airport, ATC strikes, security threats, bird strikes. A technical failure of the aircraft is NOT extraordinary - this was clarified by the Court of Justice of the European Union in the Wallentin-Hermann case.

In addition to compensation, EU 261 gives you a right to care: meals, refreshments, two phone calls, and hotel accommodation if an overnight stay becomes necessary. This right applies even when compensation does not.

U.S. DOT rules

The United States has no equivalent to EU 261. There is no legally mandated cash compensation for delays, no matter how long, for a purely domestic flight.

What you do have:

• A cash refund to the original form of payment if the airline cancels your flight or makes a "significant change," and you choose not to travel. Since October 2024 this refund must be automatic and in cash, not a voucher.
• A refund of checked-bag fees if your bag arrives more than 12 hours late (domestic) or 15-30 hours (international).
• Tarmac delay rules limiting how long an aircraft can sit on the ground with passengers on board (3 hours domestic, 4 hours international) before allowing deplaning.
• For denied boarding (bumping), fixed compensation up to $1,550 depending on the length of the delay to your final destination.

Most legacy U.S. carriers publish their own commitments in a Customer Service Plan. These commit to meals, hotels and rebooking on other carriers, but they are policy, not law - the DOT enforces them only if the airline fails to deliver its own promises.

The Montreal Convention

The Montreal Convention (1999) governs almost all international air travel between the 130+ signatory countries. It matters most for baggage and injury, but it also covers delay damages.

Key limits, as revised in 2024:

• Baggage: up to 1,519 SDR (about USD 2,050) per passenger for lost, damaged or delayed baggage.
• Death or bodily injury: up to 128,821 SDR (about USD 175,000) in strict liability; higher amounts require proving airline negligence.
• Delay of passengers: up to 5,346 SDR (about USD 7,200) in actual, provable damages - not a fixed payment.

For baggage claims, you must file a written complaint within 7 days for damage or 21 days for delay. Miss the deadline and you generally lose the right to compensation.

Which rules apply to your flight?

Rule of thumb: check where you are departing from and which airline operates the flight.

1. Departing an EU (or UK) airport, any airline: EU 261 (or UK 261) applies.
2. Arriving in the EU on an EU airline: EU 261 applies.
3. Arriving in the EU on a non-EU airline (Delta from JFK to Paris): EU 261 does NOT apply.
4. Purely U.S. domestic: DOT rules only.
5. International flight between Montreal Convention countries: the Convention covers baggage and injury, on top of any local rules.

How to actually claim

The airline is not going to volunteer compensation. You have to ask, in writing, referencing the regulation.

1. Gather documents: boarding pass, booking reference, receipts, and if you can, a photo of the departure board showing the delay.
2. Submit a claim through the airline's dedicated EU 261 or refund form. Cite the regulation and the flight distance.
3. If the airline refuses or ignores you for 8 weeks, escalate to the National Enforcement Body of the departure country (in the UK, the CAA; in Germany, the LBA; in the U.S., the DOT via the DOT's aviation consumer complaint portal).
4. Only consider a claims agency if you have exhausted the above. They take 25-35% of the payout, and most cases can be resolved without them.