Emmanuel
February 1, 2026

Key Takeaways

Four major frameworks govern passenger rights: EU 261, UK 261, US DOT rules, and the Montreal Convention.
Compensation amounts range from $0 (most US delays) to €600 (EU long-haul) to over €5,800 (Montreal Convention with proven loss).
Denied boarding due to overbooking carries the highest compensation - up to 400 percent of one-way fare under US DOT.
Baggage rights under the Montreal Convention apply to nearly all international flights, with claims up to roughly €1,500.
Most air passengers don't know their rights, and airlines count on that ignorance to keep billions in unclaimed compensation each year. This is your complete passenger rights cheat sheet.
Did you know?
The European Commission estimates that only about 5 percent of eligible EU passengers actually claim EC 261 compensation - leaving roughly €5 billion unclaimed every year.

Air passengers leave billions of euros and dollars on the table every year because they don't know their rights. According to European Commission estimates, only about 5 percent of eligible EU passengers actually claim EC 261 compensation - meaning roughly €5 billion in legitimate claims go unfiled annually. The pattern is identical in the US: the DOT estimates that less than 10 percent of passengers entitled to cash refunds for cancelled flights actually receive them, with the rest accepting vouchers or simply walking away.

At Gyro, we built our entire business on closing that gap. This guide is your single source of truth for what airlines owe you when things go wrong - across delays, cancellations, denied boarding, baggage, and accessibility - and exactly how to claim it.

Which regulation protects my specific flight?

Your protection depends on where the flight departs, where it arrives, and which airline operates it - not where you live or where you bought the ticket.

  • EU 261: flights departing any EU member state airport (any airline) or arriving in the EU on an EU-registered carrier.
  • UK 261: flights departing the UK (any airline) or arriving in the UK on a UK-registered carrier. Nearly identical to EU 261, with a longer 6-year claim window.
  • US DOT rules: domestic US flights and international flights operated by US carriers.
  • Montreal Convention: baseline protection for international flights worldwide, particularly for baggage and proven financial losses.

Here is what you can claim under each framework, by disruption type:

Disruption EU 261 / UK 261 US DOT Montreal Convention
Delay 3+ hours €250-€600 + care No compensation Proven loss only
Cancellation Full refund + €250-€600 Full cash refund Proven loss only
Involuntary denied boarding €250-€600 immediately 200-400% of fare (max $2,150) Proven loss only
Lost baggage Up to €1,500 (via Montreal) Up to $4,700 domestic Up to €1,500
Tarmac delay Same as delay rules Max 3hr domestic, 4hr intl N/A
Time limit to file 2-6 years (varies) Up to 6 years 2 years

Multiple frameworks can apply at once. A US passenger on Lufthansa flying from Frankfurt to New York is covered by EU 261 (departing the EU) and the Montreal Convention (international flight), and may have additional protections under US law for the arrival side. From our claims experience: always claim under the framework that gives you the most - they don't replace each other.

What are my rights when my flight is delayed?

Rights escalate by delay length and depend heavily on jurisdiction.

  • 2+ hours: EU/UK only - free meals, drinks, two phone calls or emails.
  • 3+ hours: EU/UK - cash compensation of €250 to €600 depending on flight distance.
  • 5+ hours: EU/UK - right to full refund and return flight to original departure airport.
  • Overnight: EU/UK - hotel accommodation and transport between hotel and airport.
  • US flights: generally no federal right to compensation for delays. The tarmac delay rule (3 hours domestic, 4 hours international stuck on the plane) is the main hard protection.
  • Care during delays in the US: policy-based, varies by airline. No federal mandate.

The three-hour threshold is where most of the money sits, and the rules for how long an airline can legally keep you waiting are worth understanding in full - our guide on how long a flight can be delayed breaks down each threshold.

What are my rights when my flight is cancelled?

Cancellation triggers the strongest set of rights across all frameworks - significantly more than a delay.

  • Refund: absolute right to full cash refund under both EU 261 and US DOT rules, regardless of cause.
  • Rebooking: alternative is the airline's responsibility - they must rebook you to your destination on the next available flight (their network or a competitor's).
  • Compensation: EU 261 pays €250-€600 unless 14+ days notice was given OR cause was extraordinary circumstances.
  • Care: meals, drinks, hotel as needed under EU 261.

Airlines almost always push a voucher first, but cash is your right - the full process for getting a refund on a cancelled flight walks through exactly how to demand it and what to do when they stall.

What if I'm denied boarding because the flight is overbooked?

Involuntary denied boarding is the most aggressively compensated event in passenger rights - airlines pay more for this than almost anything else.

  • EU 261: immediate compensation €250-€600 plus rebooking or refund. Same amounts as delay compensation.
  • US DOT: 200 percent of one-way fare (max $1,075) for short arrival delays (1-2 hours); 400 percent (max $2,150) for longer delays. Must be paid by check at the airport unless you accept otherwise in writing.
  • Voluntary denial of boarding: you forfeit statutory compensation in exchange for whatever the airline offered. Read offers carefully and don't accept the first one if it's below your statutory entitlement.

From our claims experience: airlines pressure passengers to "volunteer" precisely because volunteering shifts them out of the statutory framework. Never accept a voluntary bump unless the offered compensation clearly exceeds what the involuntary rules would give you. Ask the gate agent what the involuntary compensation would be - they must tell you.

What are my rights when my baggage is lost, delayed, or damaged?

The Montreal Convention applies to nearly all international flights and provides robust baggage protection.

  • Total compensation limit: approximately 1,288 Special Drawing Rights (SDR), which equals roughly €1,500 per passenger as of 2026.
  • Damaged baggage: file written claim within 7 days of receipt.
  • Delayed baggage: file written claim within 21 days of receiving the bag.
  • Lost baggage: officially declared lost after 21 days without delivery; full Montreal compensation applies.
  • Required first step: Property Irregularity Report (PIR) at the airport before leaving the baggage claim area. Without this, claims are extremely difficult.

From our claims experience: keep all receipts for emergency purchases (clothes, toiletries, business essentials) during baggage delays. Airlines reimburse "reasonable" expenses up to the Montreal limit, but only with receipts.

What rights do passengers with disabilities or reduced mobility have?

Accessibility rights are protected by separate legislation that's significantly stronger than general passenger rights frameworks.

  • US: the Air Carrier Access Act requires free wheelchair assistance, boarding help, and service animal accommodation. Damage to mobility equipment is reimbursed at full replacement value, beyond standard baggage limits.
  • EU: Regulation 1107/2006 provides similar protections, including free assistance from arrival at the airport through to boarding.
  • 48-hour advance notice is recommended for guaranteed service, though airlines must accommodate even without prior notice when possible.
  • Service animals are protected under both frameworks; emotional support animals have varying protection by jurisdiction.

How do I actually claim compensation when an airline refuses?

The escalation ladder is the same across all frameworks, and most claims resolve before reaching court.

  • Step 1: Written claim to the airline citing the specific regulation. Save the submission confirmation.
  • Step 2: If refused or ignored after 8 weeks (EU) or the legal deadline (US), escalate to the regulator (DOT, NEB, or CAA).
  • Step 3: Small claims court - typically free or under $100, no lawyer required, decisions in 8 to 16 weeks. Courts heavily favor passengers when airlines clearly violate regulations.
  • Step 4: A claim management service like Gyro handles everything for a percentage, including court action if needed.

Step 2 is where most people get stuck, since knowing which regulator handles your complaint - the DOT, an EU national enforcement body, or the UK CAA - determines whether the airline takes you seriously.

Summary

Passenger rights are clearer, broader, and more enforceable than airlines want you to believe. Across the EU, UK, US, and international flights, multiple legal frameworks exist specifically to protect you from delays, cancellations, denied boarding, baggage mishandling, and accessibility failures. The compensation amounts are real - €600 for a long delay, $2,150 for denied boarding, €1,500 for lost baggage - and the success rate when you escalate properly is high.

The pattern that emerges from thousands of claims is this: passengers who document everything, demand in writing, cite the specific regulation, and escalate to regulators when needed get paid roughly two to three times more often than those who only argue with the airline by phone. Airlines count on most passengers giving up after the first refusal. The minority who push through win.

If your flight was disrupted in the last 1 to 6 years (depending on jurisdiction), you may still be eligible to claim. The clock is shorter than you think for most countries, and evidence quality decays over time, so the time to file is now.

Find out what your delay was worth

If your flight was delayed 3+ hours, you may be owed €250 to €600 under EC 261 - or potentially more under the Montreal Convention. Gyro checks your eligibility for free. You keep 100% of whatever the airline pays.

  • Free delay eligibility check in 60 seconds
  • You keep 100% of the compensation - no percentage cut
  • Care expense reimbursements (meals, hotels) included in the claim

Scan your flight history for free

Frequently Asked Questions

Which regulation protects me on my flight?

It depends on where you're flying from, to, and on which airline.

  • EU 261 / UK 261: flights departing the EU/UK, plus EU/UK carriers arriving from elsewhere
  • US DOT: domestic US flights and international flights on US carriers
  • Montreal Convention: baseline protection on most international flights worldwide
  • Multiple frameworks can apply at once — claim under whichever gives you the most

For further reading: EC 261 Guide: Everything You Need to Know

What rights do I have if I'm involuntarily denied boarding due to overbooking?

Significant compensation — this is the most aggressively compensated disruption.

  • EU 261: €250–€600 immediately, plus rebooking or refund
  • US DOT: 200% of one-way fare (max $1,075) for short delays, 400% (max $2,150) for delays over 2 hours
  • Never volunteer to give up your seat unless the offer is genuinely generous
  • "Voluntary" bumping forfeits your statutory compensation rights
Are airlines required to compensate for lost or damaged baggage?

Yes, up to roughly €1,500 per passenger under the Montreal Convention.

  • File a Property Irregularity Report (PIR) at the airport before leaving — without it, claims are much harder
  • Damaged baggage: file within 7 days
  • Delayed baggage: file within 21 days
  • Keep all receipts for emergency purchases during a baggage delay
What's the strongest action I can take if the airline refuses my claim?

Escalate in stages, since most claims resolve at step 1 or 2.

  • Written complaint to the airline citing the specific regulation
  • Complaint to the regulator (DOT, NEB, or CAA)
  • Small claims court, usually free or under $100
  • A claim service like Gyro that handles everything for you

For further reading: Aviation Regulatory Bodies: Who Protects Passenger Rights?

Emmanuel
About the author
Emmanuel is a consumer rights journalist specializing in air passenger regulations across the EU, UK, and US. With over 8 years of experience covering travel law, he has helped thousands of passengers understand their compensation rights. His work has been cited by major aviation publications.

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