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Delta, United and American Airlines: when EU261 applies

Updated
General information, not legal advice. The outcome depends on the facts of your case.

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Many Americans assume European compensation rules only apply to European airlines. They do not. When Delta, United or American Airlines flies you out of Europe, EU Regulation 261/2004 (EU261) applies in full, exactly as it does to Lufthansa or KLM.

We are not affiliated with Delta, United or American Airlines and do not act for them.

The one rule that decides it

Article 3(1) covers two kinds of flight:

  1. Departing from an airport in the EU, on any airline. A Delta flight from Amsterdam to Atlanta, a United flight from Frankfurt to Washington or an American flight from Milan to New York is covered.
  2. Arriving in the EU from outside, but only on an EU airline. The same US airlines flying the other way, from the US into Europe, are not covered.

So on a round trip with a US airline, usually only the return leg is protected. Norway, Iceland and Switzerland apply the same rules, so a United flight from Zurich or Oslo is covered too. Flights from the UK fall under UK261, which works the same way for departures.

Codeshares change the answer

The airline that operates the flight decides, not the one on your ticket (Article 2(b) and 3(5)):

Your booking confirmation or boarding pass says "operated by". See codeshare flights.

How much

€600 per passenger when you reach your final destination 3 hours or more late, or when the flight is cancelled at short notice or you are bumped. If the airline rerouted you and you arrived between 3 and 4 hours late, it may halve that (Article 7(2)).

What US airlines say, and the answer

Where to claim

Claim from the airline first. US airlines have EU261 claim forms on their websites for flights from Europe; use them and keep a copy.

Not in a US court. In Volodarskiy v. Delta (7th Cir. 2015), the court held that EU261 was not part of Delta's contract and that a claim under the regulation itself belongs in the EU. Use a complaint body or a court in the European country you departed from. See how to claim EU261 from the US.

When it is worth it

Strong: you flew out of Europe on a US airline, arrived 3 hours or more late, and the airline blamed a technical fault, crew or its own operations. Weak: you flew into Europe on a US airline. Then EU261 does not apply, and US rules only give a refund if you did not travel.

Appeal My Flight's pack contains a reply to the airline and the complaint for the right body, for €29 per booking, charged in euros. You send it yourself and keep the payout. We cannot promise an outcome.

FAQ

Delta denied my claim because I am a US resident. Is that right?

No. EU261 does not depend on where you live. On a flight departing from the EU, it applies to every passenger.

My United flight from Frankfurt was cancelled. What can I get?

€600 per passenger if United told you less than 14 days before and the reason was not extraordinary, plus a refund or a new flight, and meals and a hotel while you wait.

Does EU261 cover my outbound Delta flight from New York to Rome?

No. Delta is not an EU airline, and the flight arrives in the EU from outside. Only the return from Rome is covered.

Got the airline's reply? Paste it into the rejection checker and see what court rulings say about their excuse.

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