The stop to American air traffic, despite having lasted “only” four hours, has immense consequences and does not only affect the USA. We are talking about over eight thousand canceled flights and just as many delayed ones, domestic travel of course (i.e. within the USA) but also international. Italy is also involved, because every day there are dozens of flights that connect our country with America. So what to do if you hit the stop sign? The refund is not always automatic and travelers risk being cheated. We understand why and what your rights are.
Stop US flights, when the refund is due
Are those who encountered the US air blockade and had their flight canceled or had to deal with a delay entitled to compensation? The answer is: “It depends.” The applicable legislation depends on two precise factors: the airport of departure and the nationality of the airline that actually operates the flight.
In the case of a flight from Europe to the USA – regardless of the carrier – European Regulation (EC) no. applies. 261/2004. If your flight is canceled or has a departure delay of at least 5 hours, you can choose between a full refund within 7 days or free rerouting on the first available flight to the United States. Even though the blockage is the fault of the US FAA, the company is obliged by law to provide meals, drinks and a hotel room (with transportation included) if the new flight leaves the following day. No right to financial compensation of 600 euros, because the closure of the airspace by the US authorities is an “exceptional circumstance” outside the control of the carrier.
In the case of a flight from the USA to Europe with a European carrier, the European Regulation applies. If the return flight from the United States to Europe is operated by a US airline, the European regulation does not apply. The federal regulations of the United States Department of Transportation (DOT) apply exclusively. If the flight is canceled or significantly delayed (more than 6 hours for international flights) and the traveler does not accept the proposed alternative flight, the company must automatically refund the full amount to the credit card within a few business days. In the United States there is no law that obliges companies to pay for room and board when the blockage is caused by air traffic control. American companies consider this event out of their control and do not cover hotel expenses, except for personal insurance policies or credit cards with travel coverage.
If, however, the block was triggered by preventing a domestic flight in the United States (for example from New York to Washington), the difference is entirely in the method of purchasing the ticket. According to the Court of Justice of the European Union, those who have booked a single trip from Europe to the USA with an American internal stopover are covered for the entire itinerary by the European Regulation even if the internal route is operated by an American partner. If the domestic ticket was purchased separately, only American regulations apply, which provide for automatic reimbursement if the flight is canceled or delayed by more than 3 hours (threshold for US domestic flights), but no coverage for hotels or meals.