Your Rights on a Delayed Transatlantic Flight
Loren Castillo
Founder, TravelStacks
Transatlantic flight delay rights depend on which direction you are flying and which airline you are on. EU261 can pay up to €600 per person on qualifying routes, while US DOT rules govern domestic and US-carrier departures. This guide covers every scenario so you know exactly what you are owed.
Transatlantic Flight Delay Rights: Which Law Applies to Your Flight
Transatlantic flight delay rights are governed by three separate legal frameworks: EU Regulation 261/2004, UK261 (post-Brexit), and US DOT rules. The framework that applies to your flight is determined by the departure airport and the airline's home country, not your nationality. Getting this right before you file is critical, because filing under the wrong regulation can delay your claim significantly.
The one-sentence rule: Flights departing EU airports on any airline fall under EU261. Flights departing UK airports fall under UK261. Flights departing US airports on US carriers fall under US DOT rules only. Flights departing US airports on EU or UK carriers: EU261 or UK261 applies on the inbound return leg.
This guide walks through every major transatlantic scenario. For EU-specific rules, see the full EU261 compensation guide. For UK flights, see UK261 compensation for US passengers. For rights on cancellations, see our Ryanair EU261 guide.
EU-Departing Transatlantic Flights: EU261 Pays Up to €600
Any transatlantic flight departing from an EU airport, regardless of which airline operates it, falls under EU Regulation 261/2004. This includes US carriers like United, Delta, and American Airlines when they operate from EU airports. The compensation amount for transatlantic routes (which all exceed 3,500 km) is €600 per passenger when arrival at the final destination is delayed by 3 or more hours.
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Paris CDG to New York JFK on Air France: EU261 applies, up to €600
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Amsterdam AMS to Boston on Delta: EU261 applies, up to €600
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Frankfurt FRA to Los Angeles on United: EU261 applies, up to €600
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Madrid MAD to Miami on Iberia: EU261 applies, up to €600
The EU261 compensation is separate from your right to a cash refund if you choose not to travel. For package holidays including a flight, additional protections may apply. See our package holiday flight delay guide for more.
US-Departing Flights on EU Carriers: The Return Leg Rule
One of the most misunderstood aspects of transatlantic flight rights: when you fly from a US airport to Europe on an EU carrier (like Air France, Lufthansa, or KLM), the outbound leg is NOT covered by EU261 because it does not depart from an EU airport. However, your return flight from Europe to the US on the same EU carrier IS covered by EU261 because it departs from an EU airport.
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New York JFK to Paris CDG on Air France OUTBOUND: EU261 does NOT apply (US departure, US DOT rules only)
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Paris CDG to New York JFK on Air France RETURN: EU261 DOES apply (EU departure)
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Chicago ORD to Frankfurt FRA on Lufthansa OUTBOUND: EU261 does NOT apply
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Frankfurt FRA to Chicago ORD on Lufthansa RETURN: EU261 DOES apply
Round-trip booking tip: If your round-trip itinerary includes an EU-departing leg, make sure you document any disruptions on the return flight carefully. The EU261 right on that leg is worth up to €600 per person.
US-Departing Flights on US Carriers: DOT Rules Only
When you fly from a US airport on a US carrier (United, American, Delta, Southwest, JetBlue, etc.) to Europe, only US DOT rules apply. Under current DOT rules, you are entitled to a full cash refund if your flight is cancelled or significantly changed (3+ hours domestic, 6+ hours international). However, DOT rules do not provide fixed cash compensation just for delays: if your transatlantic United flight is delayed 8 hours but ultimately operates, you are not entitled to €600 the way you would be under EU261.
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New York JFK to London Heathrow on United: US DOT rules only
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Los Angeles to Paris CDG on American Airlines: US DOT rules only for outbound
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No fixed delay compensation under US DOT (unlike EU261)
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Full cash refund available if flight is cancelled or significantly delayed
UK261: The Post-Brexit Rules for Flights Involving UK Airports
Since Brexit, flights involving UK airports are governed by UK261 rather than EU261. The practical effect is nearly identical: UK261 mirrors EU261 with compensation of £220, £350, or £520 (equivalent to the EU amounts) depending on flight distance. UK261 covers any flight departing a UK airport on any airline, and any flight arriving at a UK airport on a UK carrier from outside the EU.
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London Heathrow to New York on British Airways: UK261 applies (UK departure, UK carrier)
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London Heathrow to New York on United: UK261 applies (UK departure, any carrier)
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New York to London on British Airways: UK261 applies on the inbound (UK carrier arriving in UK)
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New York to London on United: US DOT rules only (US carrier, US departure)
For a full breakdown of UK261 for American passengers, see our complete UK261 guide for US passengers.
Care Rights During a Transatlantic Delay
Under EU261 and UK261, airlines must provide care during long delays regardless of whether you are entitled to financial compensation. For a delay of 2 or more hours (for flights over 3,500 km), the airline must provide meals and refreshments proportionate to the waiting time, and two free phone calls, emails, or fax messages. For delays continuing overnight, the airline must provide hotel accommodation and transport between the airport and hotel.
Save every receipt: If the airline fails to provide care and you pay out of pocket for meals or a hotel, keep all receipts. You can claim these reasonable expenses as reimbursement from the airline on top of any fixed compensation, as long as the amounts are reasonable.
US DOT rules do not mandate the same care requirements. Some US airlines have voluntarily committed to rebooking and meal vouchers for controllable delays, but this is not legally required. For more details on your rights and how to claim them, see the EU261 compensation guide.
Step-by-Step: How to Claim Transatlantic Delay Compensation
Filing a transatlantic delay claim follows the same basic process whether it is EU261 or UK261.
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Document everything at the airport. Note the departure and arrival times, ask for a written explanation from the airline, and save all delay notifications.
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Calculate your entitlement. All transatlantic routes exceed 3,500 km, so EU261 compensation is €600 and UK261 is £520 per person if arrival is 3+ hours late.
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File with the airline in writing. Email the airline's customer relations department, citing EU Regulation 261/2004 or UK Statutory Instrument 2019/1391 by name.
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If the airline denies your claim or does not respond within 8 weeks, escalate to the relevant National Enforcement Body (EU) or the Civil Aviation Authority (UK).
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Alternatively, use a claims service like TravelStacks, which handles EU261 and UK261 at 25% of the recovered amount with no upfront cost.
For the complete picture of your transatlantic rights, visit /rights/eu261 or explore our Americans claiming EU261 guide.
Quick Reference: Transatlantic Flight Scenarios
Use this reference table to quickly identify which rules apply to your specific transatlantic flight.
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Newark to London on United: US DOT only (outbound). UK261 on return Newark-London on United? No. London to Newark on United: UK261 applies (UK departure).
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Newark to London on British Airways: US DOT only outbound. London to Newark on British Airways: UK261 applies.
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New York to Paris on Air France outbound: EU261 does NOT apply. Paris to New York on Air France return: EU261 DOES apply.
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Amsterdam to Miami on KLM: EU261 applies (EU departure). Miami to Amsterdam on KLM: EU261 applies (EU carrier arriving in EU).
Not sure which rule applies to your specific flight? TravelStacks evaluates your claim for free and explains your rights before you commit. See /rights/eu261 to get started.