---
kind: "section"
citation: "49 U.S.C. § 42305"
title: "49"
title_heading: "Transportation"
number: "42305"
heading: "Refunds for cancelled or significantly delayed or changed flights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/42305"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart ii — economic regulation"
  - "Chapter 423 — Passenger Air Service Improvements"
---

# §42305. Refunds for cancelled or significantly delayed or changed flights

- (a) **In General.—** In the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the [United States](/usc/49/40102.md?p=a-46), an [air carrier](/usc/49/40102.md?p=a-2) or a [foreign air carrier](/usc/49/40102.md?p=a-21) shall, upon request as set forth in [subsection (f)](#f), provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to—
  - (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or
  - (2) accept any voucher, credit, or other form of compensation offered by the [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21) pursuant to [subsection (c)](#c).
- (b) **Timing of Refund.—** Any refund required under [subsection (a)](#a) shall be issued by the [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21)—
  - (1) in the case of a ticket purchased with a credit card, not later than 7 business days after the earliest date the refund was requested as set forth in [subsection (f)](#f); or
  - (2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the earliest date the refund was requested as set forth in [subsection (f)](#f).
- (c) **Alternative to Refund.—** An [air carrier](/usc/49/40102.md?p=a-2) and a [foreign air carrier](/usc/49/40102.md?p=a-21) may offer a voucher, credit, or other form of compensation as an explicit alternative to providing a refund required by [subsection (a)](#a) but only if—
  - (1) the offer includes a clear and conspicuous notice of—
    - (A) the terms of the offer; and
    - (B) the passenger’s right to a full refund under this section;
  - (2) the voucher, credit, or other form of compensation offered explicitly as an alternative to providing a refund required by [subsection (a)](#a) remains valid and redeemable by the consumer for a period of at least 5 years from the date on which such voucher, credit, or other form of compensation is issued;
  - (3) upon the issuance of such voucher, credit, or other form of compensation, an [air carrier](/usc/49/40102.md?p=a-2), [foreign air carrier](/usc/49/40102.md?p=a-21), or [ticket agent](/usc/49/40102.md?p=a-45), where applicable, notifies the recipient of the expiration date of the voucher, credit, or other form of compensation; and
  - (4) upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), an [air carrier](/usc/49/40102.md?p=a-2), [foreign air carrier](/usc/49/40102.md?p=a-21), or [ticket agent](/usc/49/40102.md?p=a-45) provides a notification under [paragraph (3)](#c-3) in an electronic format that is accessible to the recipient.
- (d) **Significantly Delayed or Changed Flight Defined.—** In this section, the term “significantly delayed or changed flight” includes, at a minimum, a flight where the passenger arrives at a destination [airport](/usc/49/40102.md?p=a-9)—
  - (1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and
  - (2) in the case of an international flight, 6 or more hours after the original scheduled arrival time.
- (e) **Application to Ticket Agents.—**
  - (1) **In general.—** Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule to apply refund requirements to [ticket agents](/usc/49/40102.md?p=a-45) in the case of cancelled flights and significantly delayed or changed flights.
  - (2) **Transfer of funds.—** The Secretary shall issue regulations requiring [air carriers](/usc/49/40102.md?p=a-2) and [foreign air carriers](/usc/49/40102.md?p=a-21) to promptly transfer funds to a [ticket agent](/usc/49/40102.md?p=a-45) if—
    - (A) the Secretary has determined that the [ticket agent](/usc/49/40102.md?p=a-45) is responsible for providing the refund; and
    - (B) the [ticket agent](/usc/49/40102.md?p=a-45) does not possess the funds of the passenger.
  - (3) **Timing and alternatives.—** A refund provided by a [ticket agent](/usc/49/40102.md?p=a-45) shall comply with the requirements in subsections [(b)](#b) and [(c)](#c) of this section.
- (f) **Refund.—** An [air carrier](/usc/49/40102.md?p=a-2) and a [foreign air carrier](/usc/49/40102.md?p=a-21) shall consider a passenger to have requested a refund if—
  - (1) a flight is cancelled and a passenger is not offered an alternative flight or any voucher, credit, or other form of compensation by the [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21) pursuant to [subsection (c)](#c);
  - (2) a passenger rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered by the [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21) pursuant to [subsection (c)](#c); or
  - (3) a passenger does not respond to an offer of—
    - (A) a significantly delayed or changed flight or an alternative flight and the flight departs without the passenger; or
    - (B) a voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs.
- (g) **Refund Notification.—** An [air carrier](/usc/49/40102.md?p=a-2) and a [foreign air carrier](/usc/49/40102.md?p=a-21) shall update their passenger notification systems to ensure passengers owed a refund under this section are notified of their right to receive a refund.

## Source credit

(Added Pub. L. 118–63, title V, § 503(a), May 16, 2024, 138 Stat. 1188.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.