Complete Guide to Airline Delay Compensation Rules: EU261, U.S. DOT, India, Japan, and Korea Compared

Flight Delay & Cancellation Compensation: EU, U.S., and Asia Compared

Flight delays and cancellations remain one of the most frustrating aspects of modern air travel. While airlines strive to minimize disruptions, passengers often face long waits, missed connections, and unexpected expenses. Governments and regulators across the world have introduced different frameworks to protect passengers, but the level of compensation and assistance varies greatly depending on where you are flying. This article compares the European Union’s EU261 regulation, the United States Department of Transportation (DOT) rules, and key Asian approaches including India, Japan, and South Korea.

EU Regulation 261/2004 (EU261)

The European Union has the most comprehensive passenger rights framework in the world. Known as EU261, it applies to any flight departing from an EU airport and to flights arriving in the EU operated by EU-based airlines. The regulation covers delays, cancellations, and denied boarding due to overbooking.

Compensation is structured by distance and the length of the delay:

• €250 for flights up to 1,500 km delayed by 3+ hours
• €400 for flights within the EU over 1,500 km and other flights between 1,500–3,500 km delayed by 3+ hours
• €600 for flights over 3,500 km delayed by 4+ hours

Passengers are also entitled to meals, refreshments, hotel stays if necessary, and transport between the airport and accommodation. Airlines are exempt only in cases of “extraordinary circumstances” beyond their control, such as severe weather or air traffic control strikes.

United States: Department of Transportation (DOT) Rules

Unlike the EU, the U.S. does not have a mandatory compensation scheme for delays. However, the Department of Transportation enforces important refund and consumer protection rules. Airlines must provide a full refund if:

• A flight is canceled and the passenger chooses not to travel
• A flight schedule is significantly changed, and the passenger declines rebooking
• A passenger is involuntarily downgraded to a lower class of service

For delays, airlines are not legally required to provide compensation. Some carriers voluntarily offer vouchers or frequent flyer miles. However, DOT enforces strict tarmac delay regulations: passengers must be given the option to deplane after 3 hours on domestic flights and 4 hours on international flights, except for safety or security reasons.

Asia: A Region of Mixed Passenger Protection

Asia does not have a unified passenger compensation law like the EU, but several countries have introduced their own frameworks.

India (DGCA Regulations)

The Directorate General of Civil Aviation (DGCA) has some of the clearest rules in Asia. Airlines must provide compensation or refunds in cases of cancellations and denied boarding:

• ₹5,000–₹10,000 or the full ticket cost, whichever is less, for denied boarding
• Meals and hotel accommodation for delays of more than 2–6 hours, depending on flight distance
• Refunds or alternate flights for cancellations informed less than 24 hours before departure

Japan

Japan does not have a formal statutory compensation scheme like the EU. However, major airlines such as ANA and JAL provide strong voluntary protections. In the event of significant delays caused by the airline, passengers may receive meal vouchers, hotel stays, and rebooking. In practice, Japanese carriers prioritize customer service, which often results in generous care policies even without a legal mandate.

South Korea

South Korea’s Aviation Act requires airlines to provide rerouting, refunds, and passenger care during disruptions. While there is no fixed cash compensation scale, passengers are entitled to meals, hotel accommodations, and alternative travel arrangements. In some cases, Korean courts have supported claims for additional compensation if passengers suffered significant losses due to airline-caused delays or cancellations.

Key Takeaways

• EU261: Provides the most structured and generous cash compensation system globally.
• U.S. DOT: Focuses on refunds and tarmac delay protections, but no mandatory cash payouts for delays.
• India: Offers financial compensation and mandatory care for cancellations and delays.
• Japan & Korea: Rely on airline responsibility and consumer law, emphasizing rebooking and passenger care over cash compensation.

Conclusion

Airline passenger rights differ sharply depending on the region. Travelers in Europe enjoy clear and enforceable cash compensation under EU261. In the United States, protection is refund-focused with strict rules on cancellations and tarmac delays. Asian countries vary widely: India has formalized compensation, while Japan and South Korea focus more on service and re-accommodation. Understanding these differences is essential for travelers to know their rights and to make informed claims when flight disruptions occur.

References & Credible Sources

• European Commission – Passenger Rights: Air Travel
• U.S. Department of Transportation – Air Consumer Protection
• Directorate General of Civil Aviation (India) – DGCA India
• Japan Civil Aviation Bureau – MLIT Aviation
• Korean Ministry of Land, Infrastructure and Transport – MOLIT Korea