US Flight Delay Compensation Rights

EU protects US air passengers or any airline passenger if traveled from the EU, or to the EU with EU-regulated airlines.

But what about the US air passengers’ rights?

According to the US Department of Transportation, airlines are not required to compensate passengers when flights are delayed.

Compensation is required by US law only when certain passengers are ‘bumped’ from a flight that is oversold.

Tarmac Delay Rule

The U.S. Department of Transportation (DOT) has set certain rules like Tarmac Delay Rule for airline passengers, which provides some benefits over tarmac delays.

US Tarmac Delay Rule is the US air passenger rights rule which addresses the problem of passengers being stranded on the ground aboard aircraft, denied boarding and flight delays.

It states, among other regulations, that airlines are not allowed to wait for more than four hours on international flights or over three hours on domestic flights and also protects air travelers against involuntarily denied boarding.

During a tarmac delay, airlines are required to provide snacks and drinking water for delays over 2 hours.

Global Delayed Flights Regulations: The Montreal Convention

The Montreal Convention (MC99) establishes airline liability and a modern compensatory regime for the victims of air disasters.

A resolution was adopted following the 38th Assembly of ICAO member states in 2013. It encourages all states that have not yet done so to enact MC99.

The Convention is designed to unify numerous international airline liability treaties. This helps to provide more transparent legislation regarding the international carriage of passengers, baggage and cargo.

It is currently valid in 132 States, which includes the USA, Canada, India or Russia, and all member states of the EU.