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Coverage

Flight disruption

US DOT airline refund and consumer-protection rules

NationalUSRead off primary law

United States

Rule id
air.us-dot
Version
2.1.0
In force from
October 28, 2024
Last read against its sources
August 5, 2026
Countries bound
United States

In plain language

What this regime says.

The United States regulates airline refunds, not airline delays. Since 28 October 2024, 14 CFR Part 260 has required carriers to refund you automatically, in cash, in your original form of payment, whenever a flight to, from or within the US is cancelled or significantly changed and you choose not to travel — with no "extraordinary circumstances" excuse of the kind that defeats EU261 claims. What the US does NOT have is any statutory payment for the delay itself. The one cash entitlement is denied-boarding compensation on oversold flights under 14 CFR Part 250: 200% of your one-way fare up to USD 1,075, or 400% up to USD 2,150 if the substitute flight got you there more than two hours late (four hours internationally).

Who is covered

Anyone on a flight to, from or within the United States, on a US or a foreign carrier. The refund rules apply to the carrier that sold you the ticket or, where a travel agent was the merchant of record, to the operating carrier. Denied-boarding compensation is limited to involuntary bumping from an oversold flight, on aircraft with more than 30 seats, and excludes charters and most weight-and-balance offloads on aircraft of 60 seats or fewer.

What you get

A full refund of fare, taxes, carrier fees and unused ancillary services, paid within 7 business days for a credit-card purchase or 20 calendar days for anything else; a refund of your checked-bag fee if the bag is not delivered within 12 hours domestically, or 15 to 30 hours internationally depending on the length of the non-stop segment, provided you filed a Mishandled Baggage Report; a refund of any ancillary service you paid for and did not receive; and, on an oversold flight only, denied-boarding compensation of up to USD 2,150. For the delay itself: nothing, unless your airline’s contract of carriage promises it.

Where claims go wrong

  • Expecting an EU261-style payout. There is no US delay-compensation statute. The refund is the claim.
  • Accepting a travel voucher. Under 14 CFR 260.7 a voucher only discharges the carrier if you affirmatively chose it after being told you could have cash. Say no in writing.
  • Quoting the old USD 775 / USD 1,550 denied-boarding caps. They were raised to USD 1,075 / USD 2,150 for travel on or after 22 January 2025, and most online guides have not been updated.
  • Not filing a Mishandled Baggage Report. Without it, 14 CFR 260.5 gives you no refund of the bag fee no matter how late the bag was.
  • Treating a DOT complaint as a claim for money. DOT fines airlines and the money goes to the Treasury; it cannot order the airline to pay you.
  • Treating the tarmac-delay rule as compensation. Breaching it costs the airline a federal penalty and costs you nothing and gains you nothing directly.
  • Missing the credit-card chargeback window while waiting for DOT. The chargeback clock is much shorter than the complaint process.
  • Assuming you can bring any state-law claim. Federal preemption under 49 U.S.C. § 41713 blocks most of them; a claim to enforce the airline’s own contract of carriage is the route that survives.
The official claim route

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. 14 CFR Part 260Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05
  2. 14 CFR 260.2 ("significantly delayed or changed flight")Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05§ 260.2
  3. 14 CFR 260.6Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05§ 260.6
  4. 14 CFR 260.4Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05§ 260.4
  5. 14 CFR 260.5Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05§ 260.5
  6. 14 CFR 260.7Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05§ 260.7
  7. 14 CFR 260.10Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05§ 260.10
  8. 14 CFR 260.11Refunds for Airline Fare and Ancillary Service Fees, 14 CFR Part 260URL verified 2026-08-05§ 260.11
  9. 14 CFR 250.5Oversales, 14 CFR Part 250URL verified 2026-08-05§ 250.5(a)–(b)
  10. 14 CFR 250.6Oversales, 14 CFR Part 250URL verified 2026-08-05§ 250.6
  11. 14 CFR 250.8Oversales, 14 CFR Part 250URL verified 2026-08-05§ 250.8
  12. 89 FR 84818 (24 Oct 2024)Periodic Revisions to Denied Boarding Compensation and Domestic Baggage Liability LimitsURL verified 2026-08-05
  13. 14 CFR 259.4Enhanced Protections for Airline Passengers, 14 CFR Part 259URL verified 2026-08-05§ 259.4(c)
  14. 14 CFR 259.5Enhanced Protections for Airline Passengers, 14 CFR Part 259URL verified 2026-08-05§ 259.5(b)(5)
  15. 14 CFR Part 374 (Regulation Z as applied to air carriers)Implementation of the Consumer Credit Protection Act with Respect to Air Carriers and Foreign Air Carriers, 14 CFR Part 374URL verified 2026-08-05§ 374.3
  16. 49 U.S.C. § 41712United States Code, Title 49 — Unfair and deceptive practicesURL verified 2026-08-05§ 41712
  17. Montreal Convention 1999, Art. 35Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 1999)URL verified 2026-08-05Art. 35

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Refund due — card purchases (7 business days)Where you paid by credit card, 14 CFR 260.2 defines a "prompt" refund as one made within 7 BUSINESS days — weekends and federal holidays do not count — reflecting 14 CFR Part 374, which applies Regulation Z to air carriers. The regulation measures from the date the refund was requested; because Part 260 refunds are automatic, we have run the clock from the disruption itself. If you asked later than that, move the date. This is the single most commonly miscalculated figure in airline refund disputes, and getting it right in your letter tells the carrier you have read the rule.14 CFR Part 374 (Regulation Z as applied to air carriers) — § 374.3Response due
  • Refund due — all other payment methods (20 calendar days)Where you paid by cash, cheque, debit card or any method other than a credit card, the refund is due within 20 CALENDAR days. Note that this is a longer wall-clock period than the 7-business-day card window in most weeks, but not always — over a run of public holidays the card deadline can fall later.14 CFR 259.5 — § 259.5(b)(5)Response due
  • Montreal Convention two-year bar (international carriage)Fatal if missedFor international carriage, Art. 35 of the Montreal Convention extinguishes the right to damages two years after arrival at the destination, the date the aircraft ought to have arrived, or the date carriage stopped. It is a hard cut-off, not a limitation period a court can extend. There is a real argument that a claim for a REFUND of money paid sounds in contract and restitution rather than in Convention damages, and so is governed by your state’s contract limitation period instead — but do not bet a claim on it. File before the two years run.Montreal Convention 1999, Art. 35 — Art. 35Limitation period
  • State contract limitation periodVaries by jurisdictionA refund or contract-of-carriage claim is ultimately a breach-of-contract claim, and the limitation period is set by state law rather than federal law. It commonly runs between three and six years for a written contract, but it genuinely varies by state and we do not state a figure for yours. Check your state’s statute of limitations before assuming you have time. (Period: 4 years. We need the start date to work out your exact deadline.)Limitation period

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"The delay was caused by weather, so nothing is owed"

high likelihood

The carrier says the disruption was outside its control — weather, air traffic control, an airport closure — and therefore that it owes you nothing.

What answers it

That answer confuses two different regimes. Under EU261 an extraordinary circumstance defeats the compensation claim. Part 260 has no such defence: 14 CFR 260.6 triggers the refund on the fact of the cancellation or significant change, full stop. The cause is legally irrelevant to a refund. Ask the carrier to identify the provision of Part 260 it says excuses it — there is none.

14 CFR 260.6 — § 260.6

"We already gave you a travel credit"

high likelihood

The carrier says it has discharged its obligation by issuing a voucher, flight credit or "goodwill" bonus miles.

What answers it

14 CFR 260.10 requires the refund in the original form of payment. 14 CFR 260.7 permits a voucher or credit only where the passenger affirmatively accepted it after being told of the right to a cash refund, and even then it must be valid for at least five years. A credit issued automatically, or issued before you were told about the cash right, does not discharge anything. Say in writing that you did not affirmatively accept it and that you require the refund in the original form of payment.

14 CFR 260.7 — § 260.7

"You never submitted a refund request"

high likelihood

The carrier says no refund is due because you did not fill in its refund form.

What answers it

Refunds under Part 260 are automatic. 14 CFR 260.6 requires the carrier to refund without any request where the flight was cancelled and no alternative was accepted, where you rejected the rebooking or credit offered, or where you simply did not respond by the departure date. The form is the carrier’s convenience, not a precondition of your right.

14 CFR 260.6 — § 260.6

"We have refunded you in full" (base fare only)

high likelihood

The carrier refunds the base fare and keeps the taxes, carrier-imposed surcharges, seat fees or bag fees.

What answers it

The refund under Part 260 is of the fare INCLUDING taxes and fees, plus any ancillary services paid for and not received (14 CFR 260.4), and 14 CFR 260.10 forbids the carrier from retaining a processing fee. Itemise what you paid against what was returned and demand the shortfall line by line.

14 CFR 260.10 — § 260.10

"The flight was not cancelled, it was renumbered"

medium likelihood

The carrier says the flight you were booked on still operated under a different flight number, so nothing was cancelled and no refund is due.

What answers it

14 CFR 260.2 defines a cancelled flight by reference to the specific flight number published in the reservation system at the time of sale. On the face of the regulation, a flight operated under a different number is a cancellation. Be aware of the complication: on 5 December 2025 DOT announced it would pause enforcement of that limb, for renumbered flights that caused no significant change or delay, until 30 June 2026 while it consulted on redefining "cancelled flight". That pause was expressed to expire, and we have not been able to verify that it was extended. Two points survive either way: an enforcement pause is not a change in the law and does not extinguish your private contractual right, and the pause never covered renumbering that DID shift your itinerary significantly.

14 CFR 260.2 ("significantly delayed or changed flight") — § 260.2

Where to take it next

  1. Write to the airlineSend a dated written demand quoting 14 CFR 260.6 and 260.10 by name, stating the amount and the form of payment you require, and setting the 7-business-day or 20-calendar-day deadline explicitly. Refuse any voucher offered in place of cash, in writing — 14 CFR 260.7 makes a voucher lawful only where you affirmatively accepted it, and silence is not acceptance.Claim directtypically 20 days
  2. File a DOT aviation consumer complaintRead this one carefully, because it is where expectations usually go wrong. The DOT Aviation Consumer Protection Division will take your complaint, send it to the airline, and require the airline to respond to you in writing. DOT does not award compensation to individuals and cannot order the airline to pay you. What it does is enforce: it investigates patterns, and it fines carriers, with the money going to the United States Treasury. That is still worth doing — a docketed complaint often produces the refund by itself, and it is evidence you escalated — but do not treat it as a claim for money.Regulatortypically 60 daysofficial page
  3. Card chargebackIf you paid by credit card and the carrier has not refunded within the regulatory window, dispute the charge with your issuer as services not rendered. This is frequently the fastest route to the money, and the Fair Credit Billing Act gives you the right to dispute a billing error within 60 days of the statement on which the charge appeared. Do not wait for DOT before doing this — the chargeback clock is shorter than the complaint process.Claim directtypically 45 days
  4. Small claims court in your stateBinding on themA refund claim is a contract claim, and small claims courts hear them cheaply and without a lawyer. Filing fees and jurisdictional limits vary by state, so we do not state figures. Note that federal preemption under 49 U.S.C. § 41713 blocks state-law claims that would regulate airline prices, routes or services — but the Supreme Court held in American Airlines v. Wolens that a claim to enforce the airline’s OWN contractual undertakings is not preempted. Frame the claim as breach of the contract of carriage, not as a consumer-protection claim about how the airline ought to behave.Small claimstypically 120 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.