How to File an International Flight Delay Claim From the United States

The law that governs your delay depends on the departure airport and the carrier's nationality. US-departure flights on US carriers: Montreal Convention only. EU-departure flights (any carrier): EU261. UK-departure flights (any carrier): UK261. Canadian-departure flights: APPR (for eligible routes). EU or UK carrier flights arriving in the EU or UK from the US: EU261 or UK261 applies on those inbound legs too.

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  Departing from a US airport on a US carrier (Delta, United, American) to Europe: Montreal Convention applies. No EU261.

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  Departing from a US airport on an EU carrier (Lufthansa, Air France, KLM) to Europe: EU261 applies (EU carrier + EU destination).

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  Departing from a US airport on a UK carrier (British Airways, Virgin Atlantic) to UK: UK261 applies (UK carrier + UK destination).

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  Departing from an EU airport (return flight): EU261 applies regardless of carrier.

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  Departing from a Canadian airport: APPR may apply for eligible large and medium airlines.

EU261 applies on your US-originating flight if you are traveling on an EU carrier (Lufthansa, Air France, KLM, Aer Lingus, Iberia) to an EU destination. The regulation also covers your return flight from the EU on any carrier. You file EU261 claims directly with the airline, then escalate to the National Enforcement Body in the EU departure country if refused.

1. 1

   File with the airline citing EU Regulation 261/2004. Include flight number, departure date, delay duration, and the compensation amount (250, 400, or 600 EUR based on distance).

2. 2

   If refused, escalate to the NEB in the departure EU country. For Lufthansa from Frankfurt: German LBA. For Air France from Paris CDG: French DGAC. For KLM from Amsterdam: Dutch ACM.

3. 3

   Time limit: EU261 claims have varying national limitation periods, typically two to six years depending on the EU member state.

UK261 applies when you fly on a UK carrier (British Airways, Virgin Atlantic) from the US to the UK. It also covers your return flight from any UK airport. File with the airline first, then escalate to CEDR (Centre for Effective Dispute Resolution) or Aviation ADR.

1. 1

   File with the airline citing the UK Air Passenger Rights Regulation. Include your flight details and the specific GBP compensation amount you are claiming.

2. 2

   Wait up to 8 weeks for the airline's response.

3. 3

   If refused, escalate to CEDR at cedr.com/aviation or Aviation ADR at aviationadr.org.uk. Both are free for passengers.

4. 4

   Time limit: UK261 claims have a six-year limitation period in England and Wales.

If your journey involves a departure from a Canadian airport (for example, a connection through Toronto or Montreal), Canada's Air Passenger Protection Regulations (APPR) may apply. APPR covers flights operated by airlines with passenger revenue over a threshold (large and medium carriers) and provides fixed compensation for delays caused by factors within the airline's control.

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  Large airline delay compensation (within airline control): CAD $400 for 3-6 hour delays, CAD $700 for 6-9 hours, CAD $1,000 for 9+ hours.

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  Medium airline amounts: Lower tiers: CAD $125, $250, $500.

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  File within one year of the delay with the airline first, then with the Canadian Transportation Agency (CTA) at otc-cta.gc.ca.

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  Circumstances outside control (weather, ATC): No fixed compensation, but airlines must re-book and provide care.

For US-departure flights on non-EU, non-UK carriers to any international destination, the Montreal Convention is your legal framework. This covers American Airlines, Delta, and United flights to Europe, as well as Emirates, Qatar Airways, and others departing from US airports.

1. 1

   Write to the airline citing the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention, 1999). List all documented losses itemized by category.

2. 2

   Attach all receipts for meals, hotel, transportation, rebooking, and any downstream losses (missed tours, hotel deposits).

3. 3

   File in court if refused. As a US resident, Article 33 of the Convention allows you to file in US courts (your principal residence jurisdiction). Small claims court is accessible for claims up to $10,000 to $25,000 depending on state.

4. 4

   File within two years of the actual or scheduled arrival. This deadline is absolute.

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  Boarding passes: Original and rebooked. Keep all paper or digital versions.

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  Flight status records: FlightAware or FlightRadar24 screenshots showing actual arrival vs. scheduled arrival.

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  Airline delay notification: Any email, SMS, or app notification confirming the delay and its stated reason.

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  Receipts for all delay expenses: Meals, hotel, ground transportation, and rebooking costs.

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  Downstream loss documentation: Hotel cancellation penalties, tour deposit loss letters, missed event tickets.

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  Correspondence with the airline: Save all emails, chat logs, and written responses.

If the claims process is complex or the airline is unresponsive, several options are available. Third-party claim services specialize in EU261 and UK261 claims on contingency. For US-departure Montreal Convention claims, consumer advocacy organizations and small claims court attorneys can assist. For a comprehensive overview of your rights, visit the international passenger rights guide.

Key resources: the EU261 rights overview for EU-carrier and EU-departure flights; the UK261 rights overview for UK-carrier and UK-departure flights; and the Montreal Convention guide for US-departure claims under international treaty law.

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  EU261: Varies by EU member state, typically two to six years from the date of the flight.

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  UK261: Six years in England and Wales, five years in Scotland.

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  APPR (Canada): One year from the date of the delay to file with the airline; then escalate to the CTA.

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  Montreal Convention: Two years from the actual or scheduled arrival. Strictly enforced.

The Montreal Convention's two-year deadline is the most critical. Do not wait. If you are negotiating with an airline and the deadline approaches, file a protective claim in court. For US DOT rights on domestic and refund issues, see US DOT passenger rights.