LOT EU261 versus US DOT: compensation, refunds and overlap

A passenger may have a DOT ticket-price refund and a separate EU261 fixed-compensation claim because the payments address different interests. That does not mean every disrupted trip produces both. The route, operating carrier, decision to travel and payment already received must be recorded precisely.

EU261 and DOT compared

Why LOT flights from the USA can fall under EU261

EU261 covers departures from an EU airport regardless of airline. It also covers a flight departing a third country for the EU when the operating airline is a Community carrier, subject to the regulation's conditions concerning benefits and assistance received in the third country. LOT Polish Airlines is an EU carrier.

That means a LOT-operated New York-Warsaw, Chicago-Warsaw, Los Angeles-Warsaw or Miami-Warsaw sector can be within EU261 even though it starts in the United States. Nationality and place of ticket purchase do not decide coverage.

The operating carrier does. A United-operated flight bearing an LO codeshare number is not treated as LOT-operated merely because the confirmation begins with LO. For a non-EU departure to the EU, that distinction can determine whether EU261 applies.

Example: LOT operates ORD-WAW and the aircraft reaches Warsaw five hours late after a routine technical defect. The route is over 3,500 km, LOT is an EU carrier, and the facts can support EUR 600 if no valid extraordinary-circumstances defence is proved.

Example: United operates EWR-FRA under an LO marketing code. The flight begins outside the EU and the operator is not an EU carrier. Inbound EU261 generally does not attach to that sector, although US rules and the rest of a one-ticket itinerary still need review.

For broad route coverage, use the LOT US flight compensation guide.

What EUR 600 actually requires

Most direct LOT routes between Poland and the United States exceed 3,500 km. The distance band alone is not enough. A delay claim normally requires arrival at the final destination at least three hours late. Cancellation compensation depends on notice and replacement timing. Denied boarding requires proof that the passenger presented a valid booking and met check-in and gate conditions.

LOT can avoid fixed delay or cancellation compensation if it proves extraordinary circumstances and reasonable measures. The defence is fact-specific. Ordinary unexpected aircraft faults are generally inherent in airline operations under the Court of Justice's van der Lans judgment; hidden manufacturing defects, sabotage and terrorism can be different.

If LOT reroutes the passenger and final arrival on a long non-EU journey is no more than four hours late, Article 7(2) can allow a reduction from EUR 600 to EUR 300. The reduction is not automatic for every three-to-four-hour delay.

When DOT requires a refund

DOT's automatic-refund rule covers US carriers and foreign carriers operating travel to, from or within the United States. A refund is due when the airline cancels or makes a defined significant change and the consumer does not accept alternative transportation, a travel credit, a voucher or another offered form of compensation.

For an international itinerary, significant changes include:

• departure six hours or more earlier;
• arrival six hours or more later;
• a different origin or destination airport;
• more connection points than originally booked;
• downgrade to a lower class of service; and
• specified accessibility-related itinerary or aircraft changes.

The refund should include the ticket price for unused transportation and fees for ancillary services not provided. The merchant of record matters. If an online travel agency charged the passenger directly, DOT may place refund processing responsibility on that ticket agent rather than on LOT. Check the card statement and receipt before addressing the request.

DOT's current rules treat flight renumbering as cancellation, but in July 2026 the Department extended temporary enforcement discretion for a renumbered flight where the passenger is successfully rebooked and no significant change or delay occurs. Do not base a claim on the number change alone without checking the actual itinerary and current DOT notice.

Refund or travel: make the choice consciously

A ticket refund ends the unused transport bargain. If reaching Poland or another European destination still matters, ask for rerouting before accepting money or credit. Under EU261, cancellation gives a choice between reimbursement, earliest rerouting and later-date travel, subject to conditions.

DOT says airlines often offer alternative flights, but the federal refund rule itself does not promise a particular replacement airline. EU261 is the stronger source for rerouting on a covered LOT operation. The LOT Star Alliance rerouting guide explains how to preserve alternative-flight evidence.

Example: LOT cancels JFK-WAW. The passenger declines all replacement travel and receives the full unused ticket price under DOT. If the cancellation was announced at short notice and caused by a crew-planning problem, a separate EUR 600 EU261 claim may remain. The refund is not itself the inconvenience payment.

Example: LOT cancels LAX-WAW and rebooks the passenger through Frankfurt. The passenger accepts and travels, reaching Warsaw 12 hours late. A DOT ticket refund is normally no longer the remedy because transport was accepted, but EU261 cancellation compensation and care can still be assessed.

Care and expenses are a third category

Meals, hotel accommodation and airport-hotel transport are neither the ticket refund nor the fixed EUR 600 payment. On a covered LOT operation, EU261 Article 9 can require reasonable care while the passenger waits for rerouting, including during extraordinary circumstances.

US law does not impose one universal hotel-and-meal duty equivalent to Article 9 for every delay or cancellation. DOT's public dashboard records voluntary commitments by major US airlines, not a LOT-specific substitute for EU261. A LOT passenger should rely on the applicable EU rule, LOT's contract and any other local law, then keep itemised receipts.

The LOT transatlantic care guide separates meals, hotels and transport from compensation.

Codeshare and connecting itineraries

Read each sector line by line. A ticket may combine a United domestic feeder, a LOT transatlantic flight and a LOT European connection. The airline that operated the disrupted sector is central, while final destination can control the delay and distance on a protected one-ticket journey.

Example: United operates Denver-Chicago, then LOT operates Chicago-Warsaw-Paris on one ticket. If the United feeder fails first, identifying the EU261 defendant is more complex than reading the LO ticket stock. If the LOT transatlantic sector fails and Paris is reached six hours late, LOT's EU carrier status and the final-destination rule create a clearer path.

Save the original e-ticket receipt, every operating-carrier line, replacement itinerary and final arrival. Do not submit the same ticket-price refund simultaneously to LOT and the OTA without explaining who took payment.

Build a claim ledger

Use separate rows for each requested remedy:

1. unused ticket and ancillary refund under DOT or Article 8;
2. EU261 fixed compensation;
3. care and reasonable expenses;
4. downgrade reimbursement;
5. baggage or provable damage under its own rules.

State which travel was accepted and every amount already received. A voucher description should include its value, expiry and any settlement wording. Submit the EU claim through LOT's post-journey form and retain the case number. DOT complaints can be filed with the Department when a covered refund duty is not met.

The EU reform adopted in July 2026 is not yet applicable on 11 August 2026. Its future nine-month claim procedure and 30-day airline response should not be presented as current EU law, and they do not replace DOT refund timing.

FAQ

Does US law pay EUR 600 for a delayed LOT flight?

US federal law has no general fixed delay payment equivalent to EU261. EUR 600 comes from EU261 when LOT operates a covered long-haul disruption and the legal tests are met.

Is LOT covered by EU261 when it flies from the USA?

Yes, on a LOT-operated flight arriving in the EU, subject to the regulation's conditions. An LO codeshare number on another airline's aircraft is not enough.

Can I receive a DOT refund and EU261 compensation?

Potentially, because one repays unused transport and the other compensates qualifying inconvenience. The passenger must reject travel for the DOT refund and disclose what each payment covers.

How long does a US refund take?

DOT states seven business days for credit-card purchases and 20 calendar days for other payment methods after a proper refund becomes due.

Does accepting rerouting remove EUR 600 compensation?

No. Rerouting and fixed compensation have separate tests, although the replacement arrival time can permit a lawful 50 percent reduction in defined cases.

Official sources

• US DOT refund guidance: cancellation, significant change and refund timing.
• US DOT final refund rule: automatic refunds and merchant duties.
• US DOT latest notices: current flight-renumbering enforcement notice.
• Regulation (EC) No 261/2004: scope, fixed compensation, refund, rerouting and care.
• LOT passenger rights: carrier statement of EU261 rights.
• LOT partner airlines: codeshare and operating-carrier context.
• LOT post-journey claim form: direct claim channel.
• EU reform final clearance: future commencement framework.