U.S. Travelers May Soon Get Compensated for Flight Delays

Have you ever had a flight delay that resulted in a missed connection or being stuck at the airport? There might be good news on the horizon. 

On Dec. 5, the Department of Transportation introduced a proposal that, for the first time ever, could allow U.S. air passengers to be eligible for cash compensation when faced with delays or cancelled flights. The airlines will also have to provide basic duty of care to their customers in the event of a controllable flight delay or cancellation.

If passed, the DOT’s current Advanced Notice of Proposed Rulemaking (ANPRM) would require airlines to pay customers cash compensation after a significant (controllable) flight delay or cancellation. A controllable flight delay or cancellation is one which the airline could have reasonably prevented. Situations like staffing problems and mechanical issues are controllable and would lead to passenger compensation. However, delays or cancellations due to bad weather or Air Traffic Control (ATC) orders? No dice.

Compensation varies depending on how long your flight is delayed — but even the shortest window is nothing to sneeze at. 

• $200 – $300 if the flight delay is between three and six hours
• $375 – $525 if the flight delay is between six and nine hours
• $750 – $775 if the flight delay exceeds nine hours

Sort of. Ten airlines voluntarily agreed to add some basic duty-of-care benefits to their customer-care plans in the past year. This includes rebooking without charge, meal vouchers, and hotel stays when you're stranded overnight in the middle of your journey. Check your airline's compliance on the Department of Transportation's Airline Cancellation and Delay Dashboard. 

FYI, Frontier Airlines will only rebook your flight and give you a meal voucher, and no airline offers cash compensation for a flight delay over three hours.

Our country is near the bottom when it comes to showing travelers a little kindness. Air travelers in Europe are protected by EU261, which requires airlines to provide cash compensation, hotel accommodations, and meals after a controllable flight delay or cancellation. Under European law, airlines — including U.S.-based carriers operating in the region — must inform their passengers of their rights after a qualifying disruption.

In Canada, the Air Passenger Protections Regulation (APPR) duplicates many of the same rights provided in EU261, as does the Israeli Aviation Services Law. In countries like Australia, there aren't laws for flight delay compensation, but basic duty-of-care rules are law. Here, they're just a suggestion that can be changed at any time. 

Make your voice heard. From now until Feb. 10, 2025, the Department of Transportation is asking for opinions about this proposal. You can read through the entire document and then click on “Submit a public comment” to add your two cents. This will get your point across and may change the rules. 

This is just a proposal for now. The commenting period will end after a new administration takes office, and that administration may be more interested in appeasing the airline industry than appeasing you.