How long you have to claim a flight in Spain
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
Regulation (EC) 261/2004 sets no time limit for claiming: each country’s law decides (CJEU, Moré v KLM, C-139/11). In Spain it is 5 years, one of the longest in Europe, so old flights can still be claimed if you have, or can recover, the details.
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Check my flight1The deadline for each case
Time limits to claim
Delay, cancellation or overbooking in Spain
From the date of the flight (Art. 1964 of the Civil Code)
Damaged baggage
Written complaint to the airline (Montreal Convention, Art. 31)
Delayed baggage
Written complaint to the airline (Art. 31)
Suing over baggage
From arrival or the scheduled date (Art. 35). Cannot be interrupted
If you sue in another country
The limit is the one where you claim. In Germany, for instance, it is 3 years counted from the end of the year of the flight (§§ 195 and 199 BGB). Before writing a flight off, check where you can sue.
2How the clock is reset
In Spain the limitation period is interrupted by any written claim you can evidence: an email to the airline, a certified letter or filing a lawsuit (Art. 1973 of the Civil Code). From that moment the full five years start again.
Keep the email you sent and the reply, with dates.
Note the case number the airline gives you.
If you complain to AESA, keep the submission receipt.
Even so, don’t leave it to the last minute: the longer you wait, the harder it is to gather the flight’s paperwork.
3How to claim a flight from years ago
- 1
Recover the flight details
Look for the booking email or the charge on your bank statement: the booking reference, date and flight number are usually enough.
- 2
Check what happened
Flight tracking services keep records of delays and cancellations, and the airline can issue a certificate.
- 3
Claim in writing
With the flight details, what happened and the amount you’re claiming. That letter resets the clock.
- 4
No reply in a month? Escalate
AESA (except for baggage) or the courts, with no lawyer up to €2,000. Or let AviFly handle it: 15% + VAT out of court and 30% + VAT in court, only if you get paid.
Frequently asked questions
How many years do I have to claim a delayed flight in Spain?
Five years from the date of the flight, under Article 1964 of the Spanish Civil Code, the generally accepted limit for Regulation (EC) 261/2004 claims.
Can I claim a flight from 3 years ago?
Yes, if you claim in Spain and the flight falls within the five years. You’ll need the booking details; a boarding pass helps but isn’t essential.
Does claiming from the airline reset the clock?
Yes. A written claim you can evidence interrupts the limitation period and it starts again (Art. 1973 of the Civil Code).
What if the flight left another country?
The limit depends on where you claim. In Germany it’s 3 years from the end of the year of the flight (§§ 195 and 199 BGB). You can sue at the place of departure or arrival.
How long do I have to claim for baggage?
7 days from delivery if it arrived damaged and 21 days if it arrived late, in writing to the airline. To sue, 2 years from the flight’s arrival, a limit that cannot be interrupted.
What if I lost my boarding pass?
You can still claim. The booking reference, confirmation email or bank charge work; the airline keeps the flight record.