Denied Boarding: Flights Departing from the United States

If you are denied boarding due on any oversold flight departing from the US, the airline must pay you compensation of up to US$1,350 in cash (see exceptions).

Applicable law

Your rights are governed by 14 CFR 250. (You may be entitled to additional compensation under the Montreal Convention, if applicable.)

Amount of Denied Boarding Compensation

The amount of compensation depends on the destination of your flight and the delay caused by the denial of boarding.

  • Flights within the US:
    • $0 (delay of 0-1 hour);
    • 200% of the fare to the next stopover, up to a maximum of US$675 (delay of 1-2 hours);
    • 400% of the fare to the next stopover, up to a maximum of US$1,350 (delay of over 2 hours).
  • Flights to a destination outside the US:
    • $0 (delay of less than 1 hour);
    • 200% of the fare to the next stopover, up to a maximum of US$675 (delay of 1-4 hours);
    • 400% of the fare to the next stopover, up to a maximum of US$1,350 (delay of over 4 hours).

Denied boarding compensation must be paid immediately, at the airport where the incident takes place.

Form of Payment

  • The airline must pay denied boarding compensation in cash or equivalent (electronic bank transfer, bank orders, or bank cheques).
  • If you agree, in writing, the airline may provide travel vouchers and/or other services in lieu of denied boarding compensation. You can insist on payment in cash or equivalent.

Exceptions

  • You are not entitled to any compensation if:
    • you fail to present yourself for check-in and boarding before the cut-off times specified by the airline;
    • you do not have appropriate travel documents
    • you act in a manner that creates a threat to the safety of the flight; or
    • you fail to comply with the airline’s ticketing, reconfirmation, or acceptability for transportation requirements.
  • You are not entitled to the standard amount of denied boarding compensation if you volunteer to give up your seat.
  • You are not entitled to compensation if you were denied boarding due to “operational or safety reasons” requiring:
    • replacement of the aircraft with one of a smaller capacity; or
    • leaving seats empty due to weight/balance restrictions on an aircraft with 60 or fewer seats.