Duty of Care and Flight Delay Rights – Explained clearly

When a flight delay reaches a certain length (typically 2 to 4 hours, depending on distance), Airlines become legally obligated to look after passengers. These obligations is known as the airline’s “Duty of Care”

Core Requirements of “Duty of Care”

Once the delay threshold is met, airlines must provide the following free of charge:

Communications

Access to two phone calls, emails, or web-based massages. This is often provided through complimentary Wi-Fi vouchers.

Meals and Refreshments

Food and drinks that are reasonable and appropriate for the length of the delay.

Overnight Accommodation

If the Delay requires and overnight stay, the airline must provide a hotel room.

Transportation

Free transport between the airport and the hotel (of your home if you live nearby).

Delay Thresholds for Assistance

The Duty of care does not begin immediately when a flight is delayed. It is triggered based on flight distance:

Flight Distance Delay threshold for duty of care
Short-haul (under 1500 KM) After 2 hours
Medium-haul (1500-3500 KM) After 3 hours
Loung-haul (over 3500 KM) After 4 hours

The Unconditional Nature of duty of care

One of the most important things passengers should understand is that Duty of Care is unconditional.

Fault does not matter

Even if the delay is caused by extreme weather, natural disasters, or airport shutdowns, the airlines must still provide food and accommodation.

No time limit

In most jurisdictions (including the Eu, UK and Canada), there is no cap on how many nights of accommodation the airlines must provide. Care must continue until passengers can be transported to their destination.

Passenger Rights During Tarmac Delays

If passengers are already onboarding the aircraft but it has not taken off (a “tarmac delay”). Airlines have specific obligations:

After 2 hours

Airlines must provide access to working toilets, drinking water, and any required medical assistance.

After 3-4 hours (Depending on Region)

In countries such as the United States and Canada, Airlines Are generally required to return to the gate and allow passengers to deplane if it is safe to do so.

What to do if the Airlines Refuses care

During large-scale disruptions, airlines staff may be overwhelmed and unable to distribute vouches or hotel arrangements.  

In These cases:

  1. Arrange reasonable food or accommodation yourself
  2. Keep itemized receipts (not just credit card slips)
  3. Avoid luxury expenses such as 5-star hotels, alcohol, or expensive room service
  4. Submit reimbursement claims through the airline’s customer service portal as soon as possible.