Domestic vs International Flight Disruption: Which Law Applies to You?

Which law applies to your flight disruption depends on where your flight departed from, not where you are from: US DOT rules cover flights departing US airports, EU261 covers flights departing EU airports or arriving on EU carriers, and UK261 applies to flights departing UK airports.

Your nationality, citizenship, and the airline's country of origin are secondary factors. The departure airport is the primary determinant. A US citizen flying from Paris on United Airlines is covered by EU261 for that Paris-departing flight. A French citizen flying from New York on Air France is covered by US DOT rules for that New York-departing flight. Identify the departure airport first, then check the carrier as a secondary factor for EU261.

1. 1

   US DOT rules apply regardless of the airline's country of origin or registration

2. 2

   You are entitled to a full cash refund for cancellations and significant delays (3 or more hours domestic, 6 or more hours international)

3. 3

   For involuntary denied boarding (bumping), DOT bumping compensation applies: 200 percent of the one-way fare (maximum $775) for arrival delays under 2 hours, 400 percent (maximum $1,550) for arrival delays over 2 hours

4. 4

   File claims at transportation.gov/airconsumer or through TravelStacks at /claim

For a complete guide to US DOT rights, see /rights/us-dot. For a step-by-step refund walkthrough, see the flight compensation guide.

1. 1

   EU Regulation 261/2004 applies to all flights departing EU airports, regardless of the airline

2. 2

   Fixed compensation amounts: 250 euros for flights under 1,500 km, 400 euros for flights between 1,500 and 3,500 km, 600 euros for flights over 3,500 km

3. 3

   Delay threshold for compensation: arrival at final destination 3 or more hours late

4. 4

   Extraordinary circumstances (severe weather, ATC strikes) can exempt airlines from compensation payments but do NOT exempt them from the refund obligation under EU261 Article 8

5. 5

   File with the national enforcement body of the departure country or use TravelStacks at /claim

EU261 applies even to non-EU airlines. If a US carrier (United, Delta, American) operates a flight departing an EU airport, EU261 applies to that flight. The airline's country of origin is irrelevant for EU departures.

1. 1

   UK261 applies post-Brexit, mirroring EU261 in structure but using GBP amounts and UK enforcement bodies

2. 2

   Compensation up to 520 GBP depending on flight distance and delay length

3. 3

   File with the UK Civil Aviation Authority (CAA) or use TravelStacks at /claim

4. 4

   UK261 has a 6-year lookback period under England and Wales law, 5 years under Scottish law

1. 1

   EU261 applies to the EU-departing leg because the flight departs an EU airport, regardless of the carrier

2. 2

   US DOT rules apply to the return leg departing a US airport

3. 3

   Claim EU261 for the EU departure leg and US DOT for the US departure leg separately

4. 4

   You cannot claim both EU261 and US DOT compensation for the same single flight segment

This trips up a lot of transatlantic travelers. Each leg of a roundtrip is governed by the departure airport for that leg. EU departure: EU261. US departure: US DOT. Same trip, different rules per leg. See the EU261 guide for US travelers for practical examples.

1. 1

   The Montreal Convention applies to most international flights not covered by EU261 or UK261

2. 2

   Montreal covers liability for delays (up to 4,694 Special Drawing Rights, approximately $6,400 at current rates) and baggage damage

3. 3

   Claims are filed against the carrier directly or through national courts in the country of departure or destination

4. 4

   Montreal Convention compensation is not fixed like EU261: it depends on actual damage caused by the delay, not fixed distance-based amounts

The Montreal Convention applies to virtually all international air travel, meaning it acts as a baseline even when EU261 or UK261 also applies. However, EU261 and UK261 provide higher fixed amounts for qualifying delays and cancellations, so they take precedence when applicable.

1. 1

   US to EU roundtrip: claim US DOT for the US-departing leg and EU261 for the EU-departing leg separately as two independent claims

2. 2

   EU carrier on a transatlantic route from the US: DOT applies to the US departure leg; EU261 applies if the EU carrier operates a return EU-departing leg

3. 3

   Always identify the departure airport first, then check whether the carrier is EU-registered as a secondary factor for flights arriving into the EU from outside the EU on EU carriers

4. 4

   If in doubt, file under the most favorable regime (typically EU261 for European routes due to fixed amounts) and let the process determine applicability

For the complete rights comparison across all frameworks, see /rights/us-dot and /rights/eu261. To start a claim, visit TravelStacks at /claim and we will identify which law applies and file on your behalf. For more on how to get your money back quickly, see the flight compensation quick guide.

Not sure which law applies to your flight? Start a claim at TravelStacks and our system identifies the applicable regulation automatically based on your flight details.