Two recent pieces of legislation on airline passenger rights show how far the U.S. and the EU differ on travel rights today. The key takeaway: if you’re traveling between the two, the airline you choose will affect your right to compensation.

First, in the U.S., the Department of Transportation is introducing the DOT rule from the FAA Reauthorization Act of 2024 that adds ten new situations to the list outside airlines’ control. Second, recent changes to EU legislation will continue to protect consumer rights after 2027.

And here is the crucial difference. Under EU law, if you’re an American traveling to Europe on an American airline, you may not be compensated the same way for delays as if you were traveling on a European airline. When you return to the U.S., you’ll be protected by whatever airline you’re on because you’re departing from the EU. Here’s an explainer.

The U.S. Changes To Airline Passenger Rights

From October 19, 2026, there will be ten changes to the federal reporting of disruptions for airlines, in that these situations will no longer be the responsibility of the airline if they happen:

  1. Deep cleaning of an aircraft caused by a passenger’s death
  2. Weather, debris or sabotage-related aircraft damage
  3. Certain third-party baggage system failures
  4. Cybersecurity attacks (if the carrier is compliant with applicable regulations)
  5. Sudden, unexpected federal system failures affecting flight safety
  6. Emergency-induced brakes overheating
  7. Mandatory, unscheduled preflight maintenance
  8. Medical emergencies not caused by an airline
  9. Removal of an unruly passenger
  10. Weather- or volcanic-related airport closures

This reclassification could affect assistance given to passengers, such as meals and hotels, if these events occur. Number 7 on this list is likely the most impactful.

The Bureau of Transportation Statistics (BTS) listed almost a quarter of flights by U.S. carriers as delayed, canceled or diverted between July 2025 and July 2026. With these additional 10 situations added to the list, the number of delays is likely to statistically decrease, meaning this may impact how passengers are compensated.

The New York Times believes airline passengers’ rights have markedly eroded under the Trump administration. These include dropping efforts to allow families to sit together at no extra charge and to make airlines pay for flight disruptions. Disabled travelers’ rights have not been expanded as hoped either.

The new U.S. changes do not impact refunds. Passengers can still claim a refund for any unused part of a journey if an airline cancels or changes the schedule or itinerary and the passenger does not accept it. The reason for the cancellation or delay is immaterial.

The changes taking effect on 19 October 2026 will likely affect the issuance of meal and hotel vouchers, a key part of making delays more bearable for passengers.

The EU Changes To Airline Passenger Rights

The U.S. changes differ significantly from recent EU changes to consumer rights for airline passengers.

After a decade of debate—nothing moves fast when 27 countries must agree—the EU has agreed on new air passenger rights, EU 261, taking effect in 2027.

Airlines can no longer ‘hide’ extra charges for carry-on bags, and compensation will likely be easier to claim.

These changes were deemed necessary because, as The EU Observer states , while air travel has been increasing since the pandemic, with 1.1 billion passengers flying in EU skies in 2024, air traveler rights haven’t been updated since 2004.

  • Every airplane ticket will now include not only a small bag that fits under the seat in front, but also clearly display the cost of a cabin bag. This removes the ‘hidden’ fees many budget airlines eventually charge for tickets that don’t include luggage.
  • Airlines will no longer be able to charge passengers extra to sit near children, elderly parents or people with disabilities.
  • Current rules state that when a flight is canceled or delayed by at least 3 hours, refunds and compensation range from €250 to €600, depending on flight length ($264 to $683). This will stay the same under the new law.

Similar to the U.S., the new rules also revise the criteria for extraordinary circumstances under which airlines are exempt from paying compensation if a flight is delayed or canceled due to events beyond their control, such as extreme weather or, in Europe’s case, the death of a pilot.

Airlines, however, are against the new rules. IATA, the International Air Transport Association, is the trade association for many of the world’s airlines, representing over 370 that account for around 85% of global air traffic, and says many delays are caused by air traffic control, which hasn’t kept pace with increased air travel over the past decade.

Plus, it believes 3 hours isn’t enough time to get a relief aircraft in situ and all passengers to their destination. So the airline triggers a cancellation because greater delays mean greater costs. It believes passengers would rather wait longer and arrive later than not go at all and receive hotel and meal vouchers.

The Key Upcoming Difference Between Airline Passenger Rights In The U.S. And The EU

The key issue is in how the U.S. and the EU treat mechanical problems. Under the new U.S. rule, some unexpected mechanical problems that must be repaired before a plane can safely fly may be classified as outside the airline’s control. This could mean the airline does not have to provide the meals, hotel or other assistance it promises for problems within its control.

In the EU, most ordinary technical problems remain the airline’s responsibility. Passengers may therefore have stronger rights to compensation and assistance under EU rules, although the precise outcome depends on the cause and circumstances of the disruption.

The key thing to remember for Americans traveling between Europe and the U.S. is that the operating carrier on a ticket matters. If an American is traveling to Paris from New York on an Air France-operated flight, you would be covered under EU regulations, but not on an American airline. Conversely, you would be covered on any airline from an EU airport to New York because the flight leaves the EU and falls under its jurisdiction.

It is also worth noting that the EU in this context also applies to many more places than you may think, because it also includes Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint Barthélemy, Saint-Martin (French Antilles), the Azores, Madeira and the Canary Islands, but not the Faroe Islands. EU rules also apply to flights to and from Iceland, Norway and Switzerland, because they form part of the Schengen area.

And don’t forget: in addition to knowing your airline passenger rights, travel insurance is a must.