How long does a flight have to be delayed before you can claim compensation?
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
The key figure is 3 hours’ delay on arrival at your final destination. Below that there is no cash compensation, though other rights start at 2 hours. This guide sets out, hour by hour, what you’re entitled to, how the delay is measured and how long you have to claim.
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Check my flight1The 3-hour threshold: where it comes from
Regulation (EC) 261/2004 provides compensation for cancellations and denied boarding but sets no threshold for delays. The Court of Justice of the EU set it in Sturgeon (C-402/07 and C-432/07, 2009): passengers who reach their final destination 3 or more hours late are entitled to the same compensation as for a cancellation. Nelson (C-581/10, 2012) confirmed it.
The rule
If you reached your final destination 3 or more hours late, you are owed compensation unless the airline proves extraordinary circumstances.
2What you’re entitled to, hour by hour
Rights by length of delay
2 h or more on flights up to 1,500 km
3 h on flights of 1,500–3,500 km · 4 h on longer flights (Art. 6)
If departure moves to the next day
Any distance (Art. 9)
3 h or more on arrival
Depending on flight distance
Between 3 and 4 h on arrival
Only flights over 3,500 km outside the EU
5 h or more
If you decide not to travel (Arts. 6 and 8)
3How the hours of delay are counted
The scheduled arrival time is compared with the actual arrival at your final destination. Actual arrival is when at least one aircraft door opens and passengers can leave, not touchdown (CJEU, Germanwings, C-452/13).
Example: your flight was due at 14:00. It landed at 16:50 and the door opened at 17:05. The delay is 3 hours and 5 minutes, so you’re entitled to compensation even though it landed less than 3 hours late.
If you had a connection
On a single booking what counts is the delay on arrival at your final destination, even if the first flight left less than 3 hours late (CJEU, Folkerts, C-11/11).
4How much money you can claim
Compensation per passenger
Up to 1,500 km
Madrid–Barcelona, Barcelona–Paris, Madrid–London
Over 1,500 km within the EU, or 1,500–3,500 km
Madrid–Tenerife, Barcelona–Athens, Barcelona–Istanbul
Over 3,500 km outside the EU
Madrid–New York, Barcelona–Cancún
Distance is measured in a straight line between the departure airport and your final destination. Compensation is per passenger, including children with their own ticket, and doesn’t depend on the ticket price.
5When there’s no compensation despite a 3-hour delay
The airline doesn’t pay if it proves an extraordinary circumstance that affected your flight and that it couldn’t have avoided with reasonable measures. The burden of proof is on the airline.
Weather that makes flying unsafe
Storms, fog or snow that close the airport or make the flight unsafe.
Strike by air traffic controllers or airport staff
Staff outside the airline. Even so, it must prove the strike affected your flight.
Technical fault
Problems arising from maintenance or normal use of the aircraft don’t exempt the airline (CJEU, Wallentin-Hermann C-549/07).
Strike by the airline’s own staff
A strike by its own workforce is not an extraordinary circumstance (CJEU, C-28/20).
The aircraft was late from its previous flight
Only exempts the airline if that previous flight was hit by an extraordinary circumstance, there’s a direct link to your delay and the airline took reasonable measures (CJEU, C-74/19).
6How long you have to claim
The Regulation sets no time limit; each country’s own applies. In Spain the generally accepted limit is 5 years from the flight (Art. 1964 of the Spanish Civil Code). Even so, it’s best to claim early, while you still have your boarding pass and the airline’s messages.
7How to claim, step by step
- 1
Keep your documents
Boarding pass, booking confirmation and the airline’s notices about the delay. If you paid for food or a hotel, keep the receipts.
- 2
Check the actual arrival time
Look up your flight’s arrival time on a tracking service such as FlightAware, or ask the airline for a delay certificate.
- 3
Claim from the airline in writing
Use its claims form and give the flight number and date, the hours of delay on arrival and the amount you’re claiming.
- 4
No answer in a month? Escalate
You can complain free of charge to AESA (flights departing Spain or arriving in Spain from outside the EU) or go to court, with no lawyer needed up to €2,000.
- 5
Or let AviFly do it
We handle the claim from start to finish. We only charge if you get your money: 15% + VAT out of court and 30% + VAT if it goes to court.
AviFly claims your delay for you
Nothing upfront. We only charge if you recover your compensation.
Start my claimFrequently asked questions
How many hours does a flight have to be delayed to claim?
From 3 hours’ delay on arrival at your final destination. With that delay you’re owed €250, €400 or €600 per passenger depending on distance, unless there were extraordinary circumstances.
What if the delay was 2 hours and 59 minutes?
There’s no cash compensation, because the 3-hour mark wasn’t reached. You are entitled to food and drink if the flight was up to 1,500 km and you waited 2 hours or more.
Is the delay counted from departure or arrival?
From arrival at your final destination, when the aircraft door opens (CJEU, C-452/13). A flight that leaves 4 hours late but makes up time and arrives 2.5 hours late gives no right to compensation.
After how many hours can I get my ticket money back?
With a delay of 5 hours or more you can give up the flight and get a ticket refund (Arts. 6 and 8 of the Regulation). If you were already on a stopover, also a return flight to your starting point.
Does it apply to a non-EU airline?
Yes on flights departing the EU, whatever the airline. On flights into the EU from outside, only if the airline is an EU carrier: an Iberia New York–Madrid flight is covered; an American Airlines one isn’t.
How long do I have to claim for a delay?
In Spain the generally accepted time limit is 5 years from the flight (Art. 1964 of the Spanish Civil Code). Other countries may set shorter limits.