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Updated: 13 January, 2025
I tell you how to claim a delayed flight to obtain compensation and all the other rights you have as a passenger.
If you are a travel lover, you have surely had some problem with flights.
In addition, lately it seems that flight delays are becoming more and more frequent, which can completely disrupt your vacation.
In this article I tell you the rights you have as a passenger in case of a delayed flight according to him Regulation (EC) No. 261/2004 which you can read at that link. As well as the different ways to claim compensation.
This regulation is valid for any flight within the European Union or leaving the European Union, regardless of where the airline is, or flights that arrive to the European Union with a community airline.
If you do not have time to read the entire article, I recommend contacting this flight claim company which are very effective when it comes to obtaining compensation.
What can I do if my flight is delayed?
If your flight is delayed you have to do two things, which will help you later in case you are entitled to compensation:
- Find out the reason for the delay, this is key when it comes to claiming something, because it is not the same as a force majeure delay due to an issue directly linked to the airline. Below I explain more about this topic.
- Gather evidence, which can be photos of the departure screens where it shows the time, tickets if you buy something like a coffee, everything serves to prove that while you should be flying you are still at the airport.
What can I claim if my flight is delayed?
When a flight is delayed you have the right to 3 things, depending on the delay time and the distance of your flight, they correspond to you if you comply with one of them:
| Delay time (at least) | Flight distance |
| 2 hours | up to 1,500 km |
| 3 hours | between 1,500 and 3,500 km |
| 4 hours | more than 3,500 km |
To give you an idea, a flight of Madrid to Paris is 1,052 km, of Barcelona to Istanbul are 2,800 km and of Madrid to New York is 5,768 km.
1. Right to care
In the event that your flight is delayed, the airline has to offer you:
- Food and drink
- Access to two phone calls or email
- Accommodation if you had to spend the night
- Transportation between the airport and the accommodation
In the event that due to distance and time you are entitled to attention from the airline, but they do not give you anything, keep the receipts of the expenses you make, to claim the expense later.
2. Right to refund or alternative flight
After 5 hours of delay, you have the right to ask the airline a refund of the full price of the flight or an alternative flight.
If you agree to get your money back, it may take up to 7 days to do so.
Note that In this case you will not be entitled to compensation for flight delays..
3. Right to compensation
You are also entitled to compensation, which depends on the time of the plane delay and the distance of your flight, although with a few exceptions. Below I tell you more about this topic.
Tips
European law only contemplates the rights of passengers, what I have told you above.
If the airline offers you something else such as discount vouchers for other trips or other rewards, be careful what you sign, you may be reducing or losing the possibility of claiming compensation later.
Likewise, always read carefully what they give you to sign, even though they are giving you things to which you are entitled, They may include clauses waiving future compensation.
Airlines know the laws and often take advantage of our ignorance.
When am I entitled to compensation for flight delays?
You have the right to claim compensation as long as the delay is 3 hours or more and the reason is not an extraordinary circumstance.
👉 Fact: In legal terms, you'll see this delay of 3 hours or more sometimes referred to as big delay.
Extraordinary circumstances
Extraordinary circumstances are all those that are beyond the airline's control, such as:
- Strikes by transporters and air traffic controllers.
- Meteorological causes.
- Political instability in the country of departure or arrival.
On the other hand, there are other reasons for delay for which you can request compensation, for example, for the breakdown of the plane.
Although it is an important issue and no one wants to fly on a plane that is not in perfect condition 🙈 on a legal level, It is the airline's responsibility to have its planes in good condition.
So, if you are told that the delay is due to a breakdown, mechanical failure or a similar reason, you are still entitled to compensation.
That is why, as I mentioned at the beginning of the article, it is so important that you ask the airline the reason for the flight delay or cancellation.
How is the delay time of a flight calculated?
To calculate the delay time The time is taken into account that once the plane is at the destination, the doors open and passengers can begin to get off.
So, for you to receive compensation, that time must be at least 3 hours longer than the time you planned to arrive.
How much is compensation for flight delays?
In the table below you can see what compensation corresponds to you:
| Flight distance | Delay time |
| up to 1,500 km | 250 euros |
| between 1,500 and 3,500 km | 400 euros |
| more than 3,500 km | 600 euros |
Something very interesting about compensation for delayed flights is that It doesn't matter how much you paid for your flight.. The amount of compensation does not change, even if you paid less for the plane ticket.
How long do you have to claim a flight delay?
According to European law you have up to 5 years to make the claim.
How to claim a delayed flight?
1. Claim on your own
To claim compensation for a flight delay you must contact the airline through its customer service department, through its website.
Generally, they have a specific section to make a claim, the bad thing is that some airlines make it difficult for you to even find this.
Here below I leave you the links where to make a claim for some of the most frequent European airlines:
You will need to complete a claim form. When explaining the details you have to be very precise add dates, times, flight number, etc.
Furthermore, you have to keep all the documentation you have, such as your boarding pass, baggage check, and any other documentation, including whether you have signed anything. If you lose these documents you will not be able to claim anything.
Complaint at the Consumer Office
If the airline does not respond to you within 1 month or the response is not favorable, you can file the claim at the consumer office of the Autonomous Community where you live, filling out this link form.
The problem with consumer offices is that they are not always effective in this type of complaints and sometimes they are overwhelmed.
You can also skip this step and claim with AESA.
Claim at AESA
Then the only way left is to do the flight delay claim with AESA, the State Aviation Safety Agency, with This formulary.
Finally, if the response that AESA obtains is not favorable, you can go to trial.
Is it complicated to claim compensation?
Claiming is easy, but it can take a lot of time and paperwork because airlines are specialists in finding ways not to pay you what you owe and they will exhaust absolutely all avenues.
so, the you are going to need time and a lot of patience if you do it on your own.
2. Easy and fast way
The other way you have to do it is with a flight claim company, it's easy and fast.
They are specialized in all airline claims, from delayed flights, canceled flights, lost luggage and they know the laws very well.
Therefore, it is easier for you to get the airline to pay you if you do it with them.
I recomend you this is the link, that They do not charge you anything for all the procedures, even if you have to go to trial.
Then, if they don't make money for you, they don't earn anything and you don't have to pay anything. On the other hand, if they get the airline to pay compensation, they They charge you a percentage.
Although you will have to explain what happened as you would if you were claiming on your own, you will do it once, then they will take care of all the next steps and you don't have to worry.
When I say it's fast, I mean it won't take you too long, because you leave it in their hands.
But, It may take a long time for you to receive compensation money, even years., because airlines have legal departments that are in charge of finding ways not to pay.
The good thing about this company is that they also have the legal knowledge and therefore They have a better chance of winning than us as passengers.
Where can I find out about my rights as an airplane passenger?
One of the best websites to find updated information is this one. Air Safety of the Government of Spain, it is ideal if you want to make the claim on your own, because it is the regulatory body.
If not, the same flight claim company that I mentioned before can inform you of the rights you have, here you can contact them.
How do I know if my flight is entitled to compensation?
The easiest way to know if any compensation corresponds to you is to consult it without obligation at the website from the flight claim company, you enter the flight information and they inform you if something applies to you.
Final Thoughts
These are all the rights you have as an air passenger and the alternatives you have on how to claim a delayed flight so they can pay you compensation.
If you have any questions, leave me a comment below and I'll help you as much as I can. If you found the article useful, share it with other travelers. Have a good trip! 😘
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Hello, I’m Andrea, the creator and writer of Viajeros Activos (Active Travelers). I’m a nomad, so I consider myself a full-time traveler. I’m passionate about good food and always looking for new adventures.