Your rights · EU261 and UK261, in plain words

The rules airlines hope you never read

Regulation (EC) 261/2004 has protected passengers since 2005. The UK kept an identical version after Brexit. The 2026 reform, agreed in June and approved by Parliament in July, keeps the 3-hour rule and the amounts, and is expected to apply from 2027. Until then, this is the law.

€250Flights up to 1,500 kmMadrid–Paris, Barcelona–London, Seville–Lisbon

€4001,500–3,500 km, and all intra-EU over 1,500 kmPalma–Manchester, Madrid–Berlin, Barcelona–Helsinki

€600Over 3,500 km, outside the EUMadrid–New York, Barcelona–Buenos Aires

You’re covered when

✓Your flight departed from an EU, Iceland, Norway or Switzerland airport, on any airline, or arrived in the EU on an EU airline. UK261 covers the same for the UK.✓You arrived 3 hours or more after the scheduled time, measured when the doors open.✓Or the flight was cancelled less than 14 days before departure.✓Or you were denied boarding against your will, usually overbooking.✓Or a delay on your first flight made you miss a connection on the same booking, and you reached the final destination 3+ hours late.

Airlines can refuse when

✗Genuinely extraordinary circumstances directly affected your flight and couldn’t have been avoided: severe weather, air traffic control restrictions, security threats, strikes by people the airline doesn’t employ.✗You were told of a cancellation more than 14 days ahead.✗You missed the flight yourself, or volunteered to give up your seat.

Not extraordinary, whatever the airline says: technical faults, crew shortages, the airline’s own staff striking, late incoming aircraft from the airline’s own earlier problems. Twenty years of Court of Justice rulings settled these.

How long you have to claim

The EU rules set no deadline, so each country’s own law decides (CJEU, Moré v KLM, C-139/11): usually the country the flight left from, or where you’d go to court. Where the courts haven’t settled it, we say “check locally” rather than guess.

Time limits to claim, by country
Country	Time limit	Basis
Spain	5 yearsCódigo Civil, art. 1964.2 (5 años desde la Ley 42/2015)	Código Civil, art. 1964.2 (5 años desde la Ley 42/2015)
United Kingdom	6 yearsScotland: 5 years (Prescription and Limitation (Scotland) Act 1973).Limitation Act 1980, s. 5 (England and Wales); Dawson v Thomson Airways [2014] EWCA Civ 845	Limitation Act 1980, s. 5 (England and Wales); Dawson v Thomson Airways [2014] EWCA Civ 845
Portugal	Check locally (often 3 years)Usually cited as 3 years (for a complaint to ANAC); check locally before relying on it.Not settled: published guides cite 2 or 3 years	Not settled: published guides cite 2 or 3 years
Italy	Check locally (often 2 years)Usually cited as 2 years, but airlines sometimes argue 6 months; check locally and claim early.Not settled; airlines have argued 6 months (Codice della navigazione, art. 418)	Not settled; airlines have argued 6 months (Codice della navigazione, art. 418)
Ireland	6 yearsStatute of Limitations 1957, s. 11 (contract)	Statute of Limitations 1957, s. 11 (contract)
France	5 yearsCode civil, art. 2224	Code civil, art. 2224
Germany	3 yearsCounted from 31 December of the year of the flight.BGB §§ 195, 199	BGB §§ 195, 199
Poland	1 yearKodeks cywilny, art. 778; Sąd Najwyższy, III CZP 111/16 (2017)	Kodeks cywilny, art. 778; Sąd Najwyższy, III CZP 111/16 (2017)
Netherlands	2 yearsA letter doesn’t stop the clock: only court action within 2 years does.Burgerlijk Wetboek, art. 8:1835	Burgerlijk Wetboek, art. 8:1835

Checked October 2026. A general guide, not legal advice: for an old flight, claim as early as you can.

Questions people ask

Does it matter what I paid for the ticket?

No. Compensation is fixed by distance, not fare. A €19 seat and a business-class seat on the same route get the same €250.

Can I claim for my kids?

Yes, every passenger with a paid ticket, including children. Infants on a free lap ticket usually can’t.

Do I also get my ticket refunded?

Compensation is on top of your other rights. If the flight was cancelled you can choose a refund or rerouting, and you’re owed meals, calls and a hotel if needed.

How long do I have to claim?

It depends on the country where the claim would be heard, usually where you departed. Spain and France are generally cited as five years, the UK six, Germany three, Poland one. The 2026 reform introduces a 9-month limit for flights disrupted once the new rules apply, expected in 2027.

There was a strike. Am I owed anything?

It depends who was striking. If it was the airline’s own staff (pilots, cabin crew), usually yes: that isn’t an extraordinary circumstance. If it was air traffic control or other people the airline doesn’t employ, usually not.

The airline offered vouchers. Should I take them?

You can refuse them: you’re entitled to cash (bank transfer). Flyback’s one-click reply asks for cash and politely declines the vouchers. If you already accepted a voucher, you may have waived the cash: check what you signed or agreed to, and send it to us if you’re unsure.

I had a connecting flight. How is the delay measured?

At your final destination, if the flights were on the same booking. A short delay on the first flight that made you miss the second counts if you reached the final destination 3 hours or more late.

The airline already rejected my claim. Is it over?

No. Send us the rejection: we reply with the next step, usually a rebuttal that answers their excuse, and a draft complaint to the national regulator (AESA in Spain, the CAA in the UK).

Is Flyback a law firm?

No. Flyback is software that helps you file your own claim, in your own name. It doesn’t represent you and doesn’t give legal advice.

What if the airline just ignores me?

Common, and it’s why tracking matters. After the day-30 reminder, you can complain to the national enforcement body (AESA in Spain, the CAA in the UK) for free, or use a small-claims procedure. Flyback drafts both.

The airline already said no. What now?

A “no” isn’t the end. Technical faults and strikes by their own staff usually don’t get them off; air traffic control and weather only if they prove it hit your flight. Paste their reply and we’ll tell you whether the excuse holds, with a reply letter and where to complain for free next.

Check the airline’s reply

Free DIY letter template

No tracking, no reminders, no rejection playbook. But it’s yours, free.

To: [Airline] Customer Relations
Subject: Compensation claim under Regulation (EC) No 261/2004 — flight [FLIGHT NUMBER] on [DATE]

Dear Sir or Madam,

I am writing to claim compensation under Article 7 of Regulation (EC) No 261/2004 in respect of flight [FLIGHT NUMBER] from [DEPARTURE] to [ARRIVAL] on [DATE], booking reference [REF], on which the following passengers held confirmed reservations: [NAMES].

The flight arrived at its final destination [X hours Y minutes] after the scheduled arrival time. In accordance with the judgments of the Court of Justice in Sturgeon (C-402/07) and Nelson (C-581/10), passengers arriving three hours or more late are entitled to compensation as if the flight had been cancelled.

The distance of the route is approximately [KM] km. The compensation due under Article 7(1) is therefore €[250/400/600] per passenger, a total of €[TOTAL].

No extraordinary circumstances have been demonstrated. The burden of proof lies with the carrier (Article 5(3)).

I request payment by bank transfer within 30 days. Failing payment or a substantiated response, I will refer the matter to the national enforcement body and, if necessary, to the courts.

Yours faithfully,
[NAME]
[EMAIL]