EU261 compared with US DOT rules
Updated
General information, not legal advice. The outcome depends on the facts of your case.
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If you fly between the US and Europe, two sets of rules can apply to the same trip: the US Department of Transportation (DOT) rules and the EU's Regulation 261/2004 (EU261). They protect you in very different ways. In short: US rules mostly give your money back, EU rules can also pay you for the lost time.
Delays
- US rules: no fixed compensation for a delay. DOT proposed cash compensation for delays the airline controls in December 2024, but withdrew the plan in November 2025 (Federal Register). Meals or hotels depend on each airline's own customer service commitments.
- EU261: €600 per passenger on a flight between the US and mainland Europe when you reach your final destination 3 hours or more late, unless the cause was extraordinary (Sturgeon C-402/07). Plus meals and, if needed, a hotel while you wait.
Cancellations and big schedule changes
- US rules: since October 2024, airlines must refund the ticket automatically if they cancel or significantly change your flight and you decide not to travel. On international flights, a significant change includes leaving or arriving 6 hours or more earlier or later. The refund is due within 7 business days on a card, 20 days otherwise (14 CFR part 260). This applies to US and foreign airlines on flights to and from the US.
- EU261: a refund or a new flight, your choice, plus €600 compensation unless the airline told you 14 days or more ahead, offered a close alternative, or can show extraordinary circumstances. See refund or compensation.
Bumped from an overbooked flight
- US rules (flights from a US airport): 200% of your one-way fare up to $1,075 if the new flight gets you to your destination 1 to 4 hours late on an international trip, and 400% up to $2,150 if more than 4 hours late (14 CFR 250.5).
- EU261: €600 at once, plus a refund or new flight and care. See denied boarding.
Lost or delayed bags
Both follow the Montreal Convention on international flights: up to 1,519 SDR (Special Drawing Rights, about €1,836) for your proven costs since 28 December 2024. See delayed baggage and lost luggage.
Which rules apply to my flight?
- US rules cover flights to, from and within the US, on US and foreign airlines.
- EU261 covers flights from the EU on any airline, and flights into the EU on an EU airline. See flying between the US and Europe.
A Lufthansa flight from Chicago to Frankfurt is under both. A Delta flight from New York to Paris is only under US rules. You can use both where both apply: a DOT refund does not take away EU261 compensation, because they cover different things.
Can I also claim damages?
Yes. EU261 compensation is a fixed sum. Under the Montreal Convention you can also claim your proven costs caused by a delay, up to 6,303 SDR. The airline may deduct one from the other (IATA C-344/04, Sousa Rodríguez C-83/10).
When the airline refuses EU261
Airlines often turn down EU261 claims from US passengers with reasons that do not hold. Appeal My Flight makes the reply to the airline and the complaint for the right European body, for €29 per booking, charged in euros. You send it yourself and keep the payout. We cannot promise an outcome. See also how to claim EU261 from the US.
FAQ
Does the US have a law like EU261?
No. US rules require refunds and set compensation for bumping, but give no fixed compensation for delays or cancellations.
My flight from Frankfurt to Chicago was cancelled and I got an automatic refund. Can I still claim €600?
Yes, if the airline told you less than 14 days ahead and the reason was not extraordinary. The refund and the compensation are separate.
Which is better for me?
On a flight covered by EU261, EU261 usually gives more: €600 per person for a delay of 3 hours, where US rules give nothing.
Got the airline's reply? Paste it into the rejection checker and see what court rulings say about their excuse.