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Denied boarding compensation: US vs EU compared
Involuntary denied boarding compensation is the payment an airline owes when it refuses to carry a passenger who held a confirmed reservation on an oversold flight. In the United States it is a capped percentage of the passenger's one-way fare, fixed by how late the substitute flight arrives [1]; in the European Union it is a flat amount set by distance band [2].
Facts checked: 18 October 2026
Key takeaways
- Both regimes require the airline to call for volunteers before it denies boarding to anyone against their will [1] [2].
- In the United States the minimum is 200% of the one-way fare, capped at $1,075, or 400% capped at $2,150, depending on how late the substitute transport arrives; nothing is due if it arrives within an hour [1].
- In the European Union the amounts are EUR 250, EUR 400 or EUR 600 by distance, and they can be halved when re-routing lands close to the original schedule [2].
- US rules exclude flights inbound to the United States and flights between two foreign cities; EU rules turn on the departure airport and the carrier operating the flight [1] [2].
How much does the United States require for involuntary denied boarding?
The US Department of Transportation sets a minimum, and airlines may choose to pay more [1]. The amount is a percentage of the one-way fare to the passenger's final destination that day, subject to a dollar cap [1]. When the airline arranges substitute transport scheduled to arrive between one and two hours after the original arrival time — between one and four hours on international flights — the minimum is 200% of the one-way fare or $1,075, whichever is lower [1]. When substitute transport arrives more than two hours late (four hours internationally), or when the airline makes no substitute arrangements at all, the minimum doubles to 400% of the one-way fare or $2,150, whichever is lower [1].
No compensation is due if the airline gets the passenger to the final destination within one hour of the original scheduled arrival time [1]. Where the ticket shows no fare — a frequent flyer award ticket, for instance, or one issued by a consolidator — the payment is based on the lowest cash, check or credit card price charged in the same class of service on that flight [1]. The passenger keeps the original ticket for later use and may request an involuntary refund for the flight they were bumped from [1].
How much does the European Union require?
Regulation (EC) No 261/2004, in force since 17 February 2005, sets flat amounts that do not depend on the price paid for the ticket [2]. Article 7 fixes them as follows [2]:
| Flight distance | Amount |
|---|---|
| 1,500 km or less | EUR 250 |
| Intra-Community flights over 1,500 km, and other flights between 1,500 and 3,500 km | EUR 400 |
| All other flights | EUR 600 |
Distance is measured by the great circle route, and the reference point is the last destination at which the denied boarding delays the passenger's arrival [2]. The carrier may reduce the amount by 50% when re-routing brings the passenger in no more than two hours late on the shortest band, three hours on the middle band, or four hours on the longest band [2].
Denied boarding also triggers care and re-routing: the carrier must compensate immediately under Article 7 and assist under Articles 8 and 9 [2]. Article 8 offers a choice between reimbursement of the full ticket price within seven days and re-routing to the final destination, either at the earliest opportunity or later at the passenger's convenience subject to seats [2]. Article 9 covers meals and refreshments in reasonable relation to the wait, hotel accommodation and transport to it where a stay of one or more nights becomes necessary, and two telephone calls, telex, fax messages or emails [2].
Must the airline ask for volunteers first?
Yes in both regimes. In the United States, the Department of Transportation requires airlines to seek people willing to give up their seats for compensation before bumping anyone involuntarily, and to tell any volunteer whether they might be bumped anyway and, if so, what compensation would be due [1]. The DOT has not mandated the form or amount offered to volunteers, so carriers negotiate, and they may pick those willing to sell back their reservations for the lowest price [1].
In the European Union, an operating carrier that reasonably expects to deny boarding must first call for volunteers prepared to surrender their reservations in exchange for benefits agreed between the passenger and the carrier; volunteers are also assisted under Article 8, and that assistance comes on top of the agreed benefits [2]. Only if too few volunteers come forward may the carrier deny boarding against a passenger's will [2].
Can the airline pay in vouchers instead of cash?
In the United States, airlines may offer free tickets or vouchers for future flights instead of a check, but a passenger bumped involuntarily has the right to insist on a check if that is their preference [1]. Cashing the check or accepting the free flight probably ends the ability to pursue more money later, and the passenger usually has 30 days from the date on the check to decide whether to accept it [1]. Passengers who paid for optional services such as seat selection or checked baggage on the original flight, and did not receive them on the substitute flight or had to pay twice, must be refunded by the airline that bumped them [1].
In the European Union, Article 7(3) requires payment in cash, by electronic bank transfer, bank order or bank cheque, or — only with the passenger's signed agreement — in travel vouchers and/or other services [2]. Article 15 provides that these obligations cannot be limited or waived by a derogation or restrictive clause in the contract of carriage, and that a passenger who accepted less than the Regulation provides can still pursue the difference [2].
Exceptions and limits
- Confirmed reservation and check-in. US compensation requires a confirmed reservation, and a passenger who misses the airline's check-in deadline may lose both the reservation and the right to compensation [1]. In the EU the passenger must hold a confirmed reservation and present themselves for check-in as stipulated in writing or, where no time is given, no later than 45 minutes before the published departure time [2].
- What counts as denied boarding in the EU. A refusal to carry is not denied boarding where there are reasonable grounds such as health, safety or security, or inadequate travel documentation [2].
- Fare type. EU rules do not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public, but they do apply to tickets issued under a frequent flyer programme [2].
- Aircraft and route in the US. The rules do not apply to charter flights or to scheduled flights on aircraft with fewer than 30 seats, to international flights inbound to the United States, or to flights between two foreign cities [1]. No compensation is required when a smaller aircraft is substituted, or when a passenger is bumped from an aircraft with 30 to 60 seats for safety-related weight or balance reasons [1].
- Delay and cancellation. The US compensation duty arises only when a passenger is bumped from an oversold flight; for domestic itineraries airlines are not required to compensate passengers whose flights are delayed or cancelled [1].
- After boarding. Once a passenger has been accepted for boarding or has boarded, US airlines may not require them to leave the aircraft unless removal is needed for safety, security or health reasons, or because of the passenger's unlawful behaviour [1].
- EU scope. The Regulation applies to passengers departing from an airport in a Member State, and to passengers flying from a third country to a Member State on a Community carrier unless they already received benefits or compensation and assistance in that third country [2].
Frequently asked questions
How much do I get for being bumped in the United States?
At least 200% of the one-way fare, capped at $1,075, if the substitute flight arrives one to two hours late (one to four hours internationally), or 400% capped at $2,150 if it arrives later than that or no substitute transport is arranged [1]. Nothing is due if you arrive within an hour of your original time [1].
Can an EU airline pay the compensation in vouchers instead of cash?
Only with your signed agreement; otherwise the money must be paid in cash, by electronic bank transfer, bank order or bank cheque [2].
Do volunteers receive the same compensation as passengers bumped against their will?
In the US no fixed amount applies to volunteers, because the DOT has not mandated the form or amount they are offered, and carriers negotiate [1]. In the EU volunteers receive benefits agreed with the carrier plus the Article 8 assistance [2].
Does an award ticket qualify for denied boarding compensation?
In the US a ticket that shows no fare, such as a frequent flyer award ticket, is compensated according to the lowest cash, check or credit card price charged in the same class on that flight [1]. EU rules apply to tickets issued under a frequent flyer programme [2].
Sources
Sources checked on 18 October 2026. The United Kingdom and Canadian regimes are not compared here; they are covered in the linked UK261 and Canada APPR guides, and airline contracts of carriage and the Montreal Convention are outside this comparison.