UK261 and US Flight Compensation: What Applies

A flight that does not operate as sold can create a legal entitlement to money, a rebooking, or nothing at all, depending on which regime governs the ticket. Two systems dominate the routes most readers fly: UK261, the United Kingdom’s retained version of EU Regulation 261/2004, and the United States’ patchwork of a refund rule and a denied-boarding statute. They are not variations of one idea. One pays for delay. The other, with a narrow exception, does not.

The instrument that creates the entitlement

UK261 is the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019, which preserved Regulation 261/2004 in UK law after Brexit. It applies to flights departing a UK airport on any carrier, and to flights arriving in the UK on a UK or EU carrier. The European Union’s Regulation 261/2004 still applies to departures from EU airports and to arrivals in the EU on an EU carrier.

In the United States there is no delay compensation statute. The entitlement passengers most often cite comes from two places:

• The US Department of Transportation’s refund rule, codified at 14 CFR Part 260, which requires a refund when a flight is cancelled or significantly changed and the passenger does not accept the alternative offered. The rule was amended in 2024 and airlines were given until October 2024 to comply.
• 14 CFR Part 250, which governs denied boarding compensation for passengers who are involuntarily bumped from an oversold flight.

A delay, by itself, triggers no payment under US law. That is the single most important difference, and it is the one readers most often assume away.

What each regime pays, and when

The figures below are the rules, not a quote for a specific ticket. Amounts change with the distance band, the delay length, the fare paid, and the date the rule was last amended.

UK261’s fixed sums are not compensation for loss. They are a statutory payment, and they are owed whether or not the passenger can show a financial loss. US denied boarding compensation is tied to the fare, so a cheap ticket produces a small payment and an expensive one produces a larger payment up to the cap.

Worked calculation: UK261 for a delayed arrival

A passenger flies London to New York, a great-circle distance of roughly 5,500 km, and arrives 5 hours late. The airline offers no explanation that meets the extraordinary circumstances test.

Step 1: Identify the regime.
  Departure from a UK airport on any carrier -> UK261 applies.

Step 2: Identify the distance band.
  London to New York is over 3,500 km -> the highest band applies.

Step 3: Check the delay threshold for that band.
  Over 3,500 km: 3 hours or more -> compensation is owed.
  (For 1,500-3,500 km, the threshold is 3 hours.
   For up to 1,500 km, the threshold is 3 hours.)

Step 4: Apply the fixed sum for the band and delay.
  Over 3,500 km, delay of 4 hours or more -> £520.
  Over 3,500 km, delay of 3 to 4 hours -> £260.

Step 5: Result.
  A 5-hour arrival delay on this route falls in the 4-hour-plus bracket.
  The statutory sum is £520 per passenger.

A reader repeating this with their own numbers substitutes the distance between their origin and final destination, the actual arrival delay at the final destination (not the first stop), and the band that distance falls into. The sums are set in sterling and have not been uprated with inflation since they were fixed.

Worked calculation: US denied boarding compensation

A passenger holds a one-way ticket priced at $400, including taxes, and is involuntarily bumped from an oversold domestic flight. The airline rebooks them to arrive 3 hours later than the original scheduled arrival.

Step 1: Confirm the trigger.
  Involuntary denied boarding on an oversold flight -> 14 CFR Part 250 applies.

Step 2: Check the rebooking time.
  Arrival within 1 hour of the original -> no compensation is owed.
  Arrival later than 1 hour -> compensation is owed.

Step 3: Determine the multiplier.
  Arrival 1 to 2 hours later (domestic) -> 200% of the one-way fare.
  Arrival more than 2 hours later (domestic) -> 400% of the one-way fare.

Step 4: Apply the cap.
  The regulation sets a maximum dollar amount.
  The cap is adjusted periodically and must be checked against the current text.

Step 5: Result.
  Fare $400 x 400% = $1,600, subject to the cap.
  If the cap is lower than $1,600, the cap is paid.

The cap is the part readers miss. The regulation sets a ceiling, and the ceiling is not the fare. A passenger with a $2,000 fare does not receive $8,000; they receive the capped amount.

What people get wrong, and why the mistake is natural

Assuming the US has delay compensation like Europe. The mistake is natural because the two regimes are discussed in the same breath on travel sites, and because the US does have a refund rule that sounds like compensation. It is not. A refund returns money the passenger already paid. Compensation is a payment on top. Under US law, a delayed flight that eventually operates as sold creates no payment obligation. The passenger’s remedy is a refund only if they decline the alternative and the delay meets the significant change threshold.

Treating the UK261 fixed sums as automatic. They are automatic only if the delay meets the threshold at the final destination and no extraordinary circumstance applies. Extraordinary circumstances is defined narrowly in the case law, and technical faults are usually not within it, but severe weather and air traffic control restrictions often are. The airline bears the burden of showing the circumstance applies.

Confusing the regimes on a connecting itinerary. A passenger flying New York to London to Edinburgh on one ticket is arriving in the UK on a UK carrier, so UK261 can apply to the whole journey. A passenger flying London to New York to Los Angeles is departing the UK, so UK261 applies to the departure, but the US leg is governed by the contract of carriage and US rules. The regime follows the flight, not the passenger’s nationality.

Assuming a claim company is necessary. For UK261, the passenger can claim directly from the airline using the airline’s own form. The regulator, the Civil Aviation Authority, publishes the process. A claims company typically takes a percentage of the award, often 25% to 40% including VAT. That is a real cost for a procedure the passenger can complete without help. Where a claim company earns its share is in contested cases, where the airline has refused and the passenger does not want to pursue a county court claim. Where it does not earn its share is in a straightforward delay that the airline will pay on first request. This site takes no fee from any claims company, and the honest position is that most readers do not need one.

Assuming the US denied boarding rules cover voluntary bumps. They do not. A passenger who accepts a voucher in exchange for giving up a seat has negotiated a private deal and has no statutory entitlement. The compensation rules apply only to involuntary denial of boarding.

How to claim directly

For UK261, the procedure is the airline’s own claims form, submitted with the booking reference, the flight number, the date, and the arrival delay. The airline has a set period to respond. If it refuses, the passenger can escalate to the Civil Aviation Authority for flights departing the UK, or to the relevant national enforcement body for flights departing the EU. If the airline still refuses, the remedy is a claim in the county court, which can be filed without a solicitor for a fixed fee.

For the US refund rule, the request goes to the airline. The DOT rule requires the refund to be automatic in some circumstances and on request in others, and it must be in the original form of payment. If the airline refuses, a complaint to the DOT’s Office of Aviation Consumer Protection is the next step. The DOT does not adjudicate individual claims for compensation, but it does track complaints and can take enforcement action.

For US denied boarding, the compensation is offered at the airport, usually as a check or a voucher, and the passenger should ask for the written statement of the rules that the airline is required to provide.

FAQ

Do I get compensation for a delayed flight in the US? No, not under a general delay compensation rule. US law requires a refund when a flight is cancelled or significantly changed and the passenger declines the alternative, but a delay that still operates as sold creates no payment obligation. The exception is involuntary denied boarding on an oversold flight, which has its own compensation rule.

Does UK261 apply to a flight from the US to the UK? It can, if the carrier is a UK or EU airline and the flight arrives in the UK. The regime follows the departure point and the carrier’s nationality, not the passenger’s. A US carrier flying from New York to London is generally outside UK261 for that arrival.

How much is denied boarding compensation in the US? It is a multiple of the one-way fare, either 200% or 400% depending on how late the rebooked arrival is, subject to a regulatory cap. The cap is adjusted periodically, so the current figure must be checked against the regulation. A passenger rebooked to arrive within one hour of the original receives nothing.

Can I claim UK261 myself without a claims company? Yes. The airline’s own claims form is the first step, and the Civil Aviation Authority publishes the escalation route. A claims company takes a percentage of the award, which is a real cost for a process the passenger can complete directly. A claims company is most useful where the airline has refused and the passenger does not want to file a court claim.

What counts as extraordinary circumstances under UK261? Causes outside the airline’s control that could not have been avoided even with all reasonable measures. Severe weather, air traffic control restrictions, and security threats usually qualify. Technical faults usually do not, because maintenance is within the airline’s control. The airline must prove the circumstance applies; the passenger does not have to disprove it.