How to claim against an airline: the complete step-by-step guide
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
Claiming against an airline for a delay, a cancellation or a denied boarding can look complicated, but it is a process with concrete steps you can follow yourself, with no lawyer, all the way to court if needed. This guide covers the whole path: what to keep at the airport, how to calculate the amount, where to file the claim with each airline, how long to really wait before escalating, how AESA works today — its decision is binding, not a mere report — and which court has jurisdiction if everything else fails. We also explain, plainly, what AviFly does and what it costs, so you can decide with the full picture.
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Check my flight1The six steps, start to finish
- 1
Keep your evidence at the airport
Boarding pass, the airline’s delay or cancellation notice, a photo of the departures board and receipts for any expenses you pay.
- 2
Confirm the real delay
What counts is the arrival time, when the aircraft doors open (CJEU, C-452/13). Check it on FlightAware or FlightStats with the flight number and date.
- 3
Work out the amount
€250, €400 or €600 per passenger depending on the flight distance, multiplied by the number of passengers on the same booking.
- 4
Claim in writing from the airline
Use the airline’s EU261 claim form with the flight number, date, exact amount and your bank details. Keep a copy.
- 5
Wait a month
There is no fixed legal deadline for it to reply. Once a month has passed with no answer, or with an answer you don’t accept, you can escalate.
- 6
Go to AESA and, if needed, to court
AESA is free and, for flights from 2 June 2023, its decision is binding. If the airline still won’t pay, you can go to the juzgado de primera instancia.
2What to keep at the airport
Before you leave the airport, gather as much documentation as you can: the more complete it is, the less room the airline has for excuses later.
Boarding pass, physical or a screenshot from the airline’s app
The email or text with the delay or cancellation notice
A photo of the departures board showing the flight’s real status
Receipts for any food, transport or hotel you paid for yourself
Any voucher the airline offers you — don’t accept it yet
To know whether the delay entitles you to compensation you need the real arrival time, not departure: it counts from when the aircraft doors open at your destination (CJEU, C-452/13). Check it on FlightAware or FlightStats with the flight number and date. If you had a connection on a single booking, what matters is the delay at your final destination, not the stopover (CJEU, C-11/11).
3How much you’re owed depending on distance
Compensation per passenger
Up to 1,500 km
E.g. Madrid–Barcelona, Madrid–London
Between 1,500 and 3,500 km, or over 1,500 km within the EU
E.g. Madrid–Tenerife, Barcelona–Athens
Over 3,500 km outside the EU
E.g. Madrid–New York, Madrid–Buenos Aires
It can be halved
If you’re rebooked on a flight arriving no more than 2, 3 or 4 hours after the scheduled time (depending on distance), the airline may pay 50% (Art. 7(2)). On a flight over 3,500 km outside the EU with a 3–4 hour delay, compensation is €300.
4Claim in writing from the airline
Your claim should include the flight number, date, route, number of passengers affected, the exact amount you’re asking for and your bank details for payment, and it should expressly ask for a written reply. The more specific and well-documented it is, the harder it is for the airline to reject it without cause. Always keep a copy and proof of sending.
| Airline | Where to claim |
|---|---|
| Ryanair | myRyanair app or website > Help with my booking > EU261 compensation |
| Vueling | vueling.com > Customer service > Claims |
| Iberia / Iberia Express | iberia.com > EU261 claim form |
| easyJet | easyjet.com > Help > Claim compensation |
| Air Europa | aireuropa.com > Contact > Claims |
5Wait a month: there’s no legal deadline for it to reply
Under the current rules there is no fixed legal deadline for an airline to reply to your claim. That will change with the Regulation’s review planned for 2026, which will require a reply within 30 days, but that rule is not yet in force.
The month is what counts for you
Keep proof of sending: the date of your claim is what opens your own window. Once a month has passed with no reply, or with a reply you don’t accept, you can escalate. Don’t wait longer than that: you have one year from that claim to complain to AESA.
6Go to AESA: free and binding on the airline
If the airline doesn’t reply within a month or its reply doesn’t satisfy you, you can complain free of charge to Spain’s State Aviation Safety Agency (AESA) at seguridadaerea.gob.es. Since Order TMA/469/2023 accredited it as an alternative dispute resolution body, its decision is binding on the airline for flights from 2 June 2023: if it doesn’t pay within one month, you can have it enforced in court. It rules within 90 to 180 calendar days, extendable for complex cases.
You claimed from the airline in writing first and can prove it
A month has passed with no reply, or the reply doesn’t satisfy you
No more than a year has passed since that first claim
The flight departed Spain, or arrived from outside the EU on an EU airline
AESA doesn’t handle baggage
If your problem is lost, damaged or delayed baggage, it isn’t AESA’s jurisdiction: it falls under the Montreal Convention. If the airline won’t pay, the route is consumer arbitration or court.
7The juzgado de primera instancia: the last resort
If AESA rules in your favour and the airline doesn’t pay within a month, you can ask for its decision to be enforced in court, with no need for a fresh lawsuit. If you’d rather sue directly, the jurisdiction is the same: the juzgado de primera instancia. Commercial courts are not competent for Regulation (EC) 261/2004 claims.
No lawyer needed up to €2,000
For claims up to €2,000, the juicio verbal doesn’t require a lawyer or a court agent (procurador). Above that amount, you need both. In Spain the generally accepted time limit to claim is 5 years from the flight date (Art. 1964 of the Spanish Civil Code).
8Would you rather we handled it?
You can do all of the above yourself: no lawyer is needed to claim from the airline or to go to AESA, and up to €2,000 you don’t need one in court either. If you’d rather not deal with the paperwork, tracking deadlines or a possible lawsuit, AviFly handles the whole process, including enforcement or the lawsuit if needed.
What AviFly charges
No court needed
We handle the claim and, if needed, AESA
With a lawsuit
If we need to sue and win in court
VAT is added on top of the fee, not included in it. We only charge if you get your compensation: no recovery, no cost to you.
Start my claimFrequently asked questions
How long does an airline take to reply to a claim?
There is no fixed legal deadline under the current rules. That’s why it’s worth waiting a month from when you claim and, if there’s no reply or you don’t accept it, escalating to AESA or court.
Do I need a lawyer to claim against an airline?
No. Not to claim directly from the airline nor to go to AESA. And in court, up to €2,000 you don’t need a lawyer or court agent either.
What happens if the airline never replies?
Once a month has passed with no reply, you can complain free of charge to AESA. Its decision has been binding since 2 June 2023: if the airline doesn’t pay within a month, you can have it enforced before the juzgado de primera instancia.
Can I claim if I didn’t keep my expense receipts?
Yes, you can still claim EU261 compensation without expense receipts: those are only needed if you’re also claiming a refund for food, transport or a hotel. For the compensation itself, proving the flight and the delay or cancellation is enough.
How long do I have to claim?
In Spain the generally accepted time limit is 5 years from the flight date (Art. 1964 of the Spanish Civil Code).
Is it better to claim myself or use a company like AviFly?
You can do it yourself at any stage. A claims company handles the paperwork, the deadlines and a possible lawsuit for a fee charged only if you get paid: with AviFly, 15% + VAT out of court and 30% + VAT in court.