Question 1

Am I entitled to compensation for a flight delay in the US?

Accepted Answer

Unlike in the EU (where EC 261/2004 provides fixed compensation of €250-€600), the US does NOT have a mandatory fixed flight delay compensation law. However, as of 2024 DOT rules: (1) If your flight is cancelled or significantly delayed (3+ hours domestic, 6+ hours international) due to airline control, you are entitled to a full cash refund if you choose not to travel. (2) Airlines must provide food/meal vouchers after 3-hour domestic delays and hotel accommodation for overnight delays caused by the airline.

Question 2

What are my rights during a tarmac delay?

Accepted Answer

Under DOT rules, US airlines must: (1) Return passengers to the gate after 3 hours on the tarmac for domestic flights (4 hours for international); (2) Provide water and snacks after 2 hours; (3) Maintain working lavatories; (4) Provide medical assistance if needed. Airlines that violate tarmac delay rules face fines of up to $27,500 per passenger. NYC airports (JFK, LGA, EWR) are notorious for tarmac delays during spring break travel surges.

Question 3

Can I get a refund for a significantly delayed flight?

Accepted Answer

Yes, under the DOT's April 2024 refund rule: if your domestic flight is delayed 3+ hours or your international flight is delayed 6+ hours due to airline-controllable reasons, AND you choose not to travel, you are entitled to a prompt cash refund (not a voucher). The airline must provide the refund within 7 business days if paid by credit card, or 20 days if paid by cash/check. This is a major upgrade from pre-2024 policy. For spring break 2026, this rule is fully in effect.

Question 4

What expenses can I claim back from an airline for a delay?

Accepted Answer

For delays caused by the airline (mechanical issues, crew problems, etc.): (1) Meals and refreshments — most airlines now provide vouchers automatically after 3-hour delays per DOT guidance; (2) Hotel for overnight delays — airlines must provide free accommodation for controllable overnight delays; (3) Ground transport to/from hotel — typically provided; (4) Phone calls — reasonable communication costs. Consequential losses (missed events, non-refundable hotel bookings) are NOT covered under standard rules but can be claimed via credit card purchase protection or travel insurance.

Question 5

How do I file a DOT complaint against an airline?

Accepted Answer

File at transportation.gov/airconsumer. Include: flight details (date, number, airline), nature of complaint, what resolution you sought, and what response you received from the airline. The DOT Air Consumer Protection Division investigates systemic violations and can levy fines. For individual compensation, you are more likely to succeed by: (1) Writing directly to the airline CEO's office; (2) Disputing with your credit card issuer; (3) Filing in small claims court (no attorney needed, up to $5,000-$10,000 depending on state); (4) Using AirHelp or DoNotPay as intermediaries.

Question 6

Are NYC airports (LGA, JFK, EWR) particularly bad for spring break delays?

Accepted Answer

Yes. LaGuardia (LGA), JFK, and Newark (EWR) consistently appear in BTS and FAA data as the top-delayed US airports, especially during high-demand periods. Spring break (mid-March to mid-April) sees particularly heavy demand at these airports for Florida, Caribbean, and Mexico routes. TSA wait times at LGA can exceed 90 minutes during spring break peaks. The FAA uses LGA as a flow control point for airspace management, causing upstream delays nationwide. Choosing early-morning flights (before 9 AM) reduces delay risk by 60-70%.

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