On October 15, 2026, the US Department of Transportation (DOT) delayed to February 1, 2027 a rule that changes how airlines report the causes of delays. Your refund right does not change: if the airline's revised schedule puts your arrival 3 hours or more later (6 or more internationally) and you decline the flight, you are owed a full refund. A late departure alone does not count. US federal rules require no cash compensation for delays; EU, UK and Canadian rules do.
Key takeaways
- Under 14 CFR Part 260, a delay is significant when the revised schedule moves your arrival 3 or more hours later (domestic) or 6 or more (international).
- You must decline the changed flight, rebooking and any voucher; the refund is then due within 7 business days (card) or 20 calendar days (other payments).
- Airline dashboard commitments cover rebooking, meals and hotels, sometimes vouchers or miles, never cash.
- The EU, UK and Canada pay fixed amounts, such as EUR 400 for an 1,800 km EU flight arriving 3.5 hours late.
- The EU rewrite, Regulation (EU) 2026/2202, applies from October 23, 2027; the 2004 rules govern until then.
What it means for you
- US domestic flight: check the revised arrival against the 3-hour test, then the airline's promises.
- International flight to or from the US: the same refund rule applies at 6 hours.
- Flying from the EU or UK, or into them on an EU or UK airline: compensation depends on arrival delay, distance and cause.
- Flying to, from or within Canada: amounts depend on airline size and on whether the airline controlled the delay.
- Booked through an online travel agency: if the agency took your payment, the refund runs through it.
The US refund rule for long delays
The refund rule sits in 14 CFR Part 260 and covers nonrefundable tickets on scheduled flights to, from or within the US. Its 2024 final rule replaced airline-set thresholds for a significant schedule change with fixed timeframes. Its triggers for a "significantly delayed or changed flight" (a cancellation is a separate trigger):
| Trigger in the definition | Threshold |
|---|---|
| Later scheduled arrival at the destination | 3 or more hours (domestic), 6 or more (international) after the original scheduled arrival |
| Earlier scheduled departure | 3 or more hours (domestic), 6 or more (international) before the original scheduled departure |
| Different origin or destination airport | Any change |
| More connection points than the original itinerary | Any addition |
| Lower class of service | Any downgrade |
| Passenger with a disability | Different connecting airports, or a substitute aircraft lacking a needed accessibility feature |
There is no trigger for a later departure: DOT rejected one, reasoning that a late departure matters less if you still arrive without substantial delay. The test uses the revised schedule the airline gives you ("scheduled to arrive"), not the time the plane eventually lands.
The condition that decides everything
The refund is owed when you choose not to fly the changed flight or accept rebooking, and also decline any voucher, credit or other compensation. It covers airfare, taxes and ancillary fees and comes from the merchant of record, the party that processed your payment. If an online travel agency took your payment, ask it; the airline must tell the agency whether you qualify and pass on the funds. If you do not respond and the flight leaves without you, the refund is still automatic.
A voucher is only an alternative: the offer must state your right to a full refund, the voucher must stay valid at least five years, and you must affirmatively accept it.
Timing, form and fees
A prompt refund means within 7 business days of your request for credit card purchases and 20 calendar days for cash, check, debit card or other payments. Money goes back in the original form of payment unless you agree to a cash equivalent, with no processing fee.
Airline commitments, not cash
In November 2025 DOT withdrew an advance notice that had floated cash compensation, meals and lodging for significant disruptions. What remains are airlines' own commitments.
The DOT dashboard lists nine carriers (Alaska, Allegiant, American, Delta, Frontier, Hawaiian, JetBlue, Southwest, United) and covers disruptions "within the airline's control." Counts as of October 15, 2026; the footer shows a last update of December 10, 2024.
| Commitment for a controllable delay | Carriers committing (of 9) |
|---|---|
| Rebooking on the same airline at no additional cost | 9 |
| Rebooking on a partner airline at no additional cost | 6 (not Allegiant, Frontier, Southwest) |
| Meal or meal cash/voucher for a wait of 3 hours or more | 9 |
| Hotel for an overnight delay | 8 (all but Frontier) |
| Ground transportation to and from the hotel | 8 (all but Frontier) |
| Credit or travel voucher for a wait of 3 hours or more | 4 (Alaska, Hawaiian, JetBlue, Southwest) |
| Frequent flyer miles for a wait of 3 hours or more | 2 (Alaska, Hawaiian) |
| Cash compensation for a wait of 3 hours or more | 0 |
DOT says it will hold airlines accountable for unmet commitments; contact the airline first, then file a DOT complaint.
What the Oct 15 notice changes
DOT's October 15 notice moves the effective date of its September 3, 2026 final rule from October 19, 2026 to February 1, 2027, so it applies to flights from January 1, 2027. Airlines for America had asked for the extra time.
The rule concerns delay statistics. Implementing a 2024 law, it moves ten event types out of the "Air Carrier" cause, meaning within the airline's control, into a new category, including unscheduled maintenance that cannot be deferred, a medical emergency through no fault of the carrier and removal of an unruly passenger.
Part 260 refunds depend on schedule changes and your choice, so they are untouched. Dashboard commitments apply to controllable delays, though, and DOT expects fewer delays to qualify for airline amenities, by an amount it cannot reliably estimate.
Two delays compared
Illustrative example, round numbers. A domestic ticket costs $240 including taxes, plus a $30 prepaid seat, and the airline's revised schedule shows departure 3 hours 10 minutes late. Separately, an EU flight on a route measured at 1,800 km arrives 3 hours 30 minutes late.
| US domestic, departure 3h10m late | EU, 1,800 km, 3h30m late | |
|---|---|---|
| Test | Revised scheduled arrival 3 or more hours late | Arrival 3 or more hours late at the final destination |
| Result | Triggered if the new schedule shaves 10 minutes or less; at 15 shaved, arrival is 2h55m late and it is not | EUR 400 (1,500 to 3,500 km band), unless extraordinary circumstances apply |
| You decline and stay home | If triggered, $270 back ($240 fare plus $30 seat), within 7 business days if paid by card | Nothing: compensation is for arriving late, and the refund option starts at a 5-hour departure delay |
| You fly anyway | No fare refund; seat fee back only if the seat was not provided; no cash compensation | EUR 400 on request |
The arithmetic: 3h10m is 3.17 hours; shaving 10 minutes leaves 3.00 and shaving 15 leaves 2.92. The US refunds you for not traveling; the EU pays you for arriving late.
Compensation abroad
| Regime | Trigger | Amounts | Main exception |
|---|---|---|---|
| EU 261/2004 (until October 2027) | Arrival 3 or more hours late (Sturgeon ruling) | EUR 250 up to 1,500 km; EUR 400 for EU flights over 1,500 km and other flights of 1,500 to 3,500 km; EUR 600 beyond, halved if under 4 hours late | Unavoidable extraordinary circumstances |
| EU 2026/2202 (from October 23, 2027) | Arrival more than 3 hours late | Same amounts; EUR 600 still halved if no more than 4 hours late | Airline must prove the cause and its reasonable measures; claim within 9 months |
| UK261 | Arrival more than 3 hours late | GBP 220 under 1,500 km; GBP 350 for 1,500 to 3,500 km; over 3,500 km GBP 520, or GBP 260 if under 4 hours late | Extraordinary circumstances |
| Canada APPR | Arrival 3 or more hours late | Large carriers: CAD 400 (3 to under 6 hours), 700 (6 to under 9), 1,000 (9+). Small carriers: CAD 125, 250, 500 | Paid only if the airline controlled the delay and it was not required for safety |
The EU rules cover departures from the EU on any airline and flights into the EU on EU airlines. UK261 covers departures from the UK on any airline, arrivals in the UK on UK or EU airlines, and arrivals in the EU on UK airlines. In both, a departure delay of 5 hours or more also gives you the option of a refund instead of flying. Canada's rules apply to flights to, from and within Canada, including connecting flights; a large carrier carried 2 million or more passengers in each of the two prior years, and compensation requires that you were told of the delay 14 days or less before departure.
The EU revision was signed on September 16, 2026 and published on October 2, 2026. Canada's rules were last amended in 2022; a December 2024 proposal would replace the control test with a list of exceptional circumstances, and no final version was found as of October 15, 2026.
Frequently asked questions
Can I get a refund if I already flew the delayed flight?
Not for the fare. You can still recover a prepaid extra, such as a seat, that was not provided through no fault of yours, and a bag fee if the bag was lost or not delivered within 12 hours on a domestic trip and you filed a mishandled baggage report.
Does accepting a voucher end my right to a refund?
Only if you affirmatively accept it. Silence does not count as acceptance, and the airline must disclose restrictions such as blackout dates when it makes the offer.
Do the airline's meal and hotel promises cover weather delays?
Generally not. The commitments cover disruptions within the airline's control, and DOT lists extreme weather separately from the "Air Carrier" cause, which includes maintenance and crew scheduling.
How long is the window to claim compensation abroad?
In Canada you must file with the airline before the first anniversary of the delay, and the airline has 30 days to pay or explain. Under the 2026 EU regulation, from October 23, 2027 requests are due within 9 months of the ticketed departure date.
Is the 3-hour threshold in the EU changing?
No. The 2026 text keeps compensation for arrival delays at EUR 250, 400 and 600, with one wording shift: Sturgeon says three hours or more, the 2026 text says exceeding three hours.
Steps to take after a long delay
- Screenshot the original and revised arrival times; the US test compares the two.
- Decide before departure: decline the changed flight and any voucher in writing and ask for a refund.
- Note the date; the 7-business-day and 20-day clocks start then. With an agency, keep its reply.
- If you fly, keep boarding passes and the airline's stated reason for the delay.
This is general information, not legal advice.
Sources
- 14 CFR Part 260, eCFR
- DOT, 89 FR 32760 (April 26, 2024)
- DOT, 91 FR 65456 (October 15, 2026)
- DOT, 91 FR 56588 (September 3, 2026)
- DOT, 90 FR 51230 (November 17, 2025)
- DOT Airline Customer Service Dashboard
- Regulation (EU) 2026/2202
- Regulation (EC) 261/2004; Sturgeon, C-402/07
- European Parliament Legislative Observatory
- GOV.UK Air passenger travel guide
- Canada APPR, SOR/2019-150; Canada Transportation Act, s. 86.11; Canada Gazette Part I (December 21, 2024)