How to claim Air Europa delay compensation: amounts, steps and what to do if it won’t pay
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
If your Air Europa flight reached its final destination 3 or more hours late, Regulation (EC) 261/2004 entitles you to €250, €400 or €600 per passenger, unless the airline can prove extraordinary circumstances. This guide explains what you’re owed on its domestic, European and Americas routes, how to claim and what to do if Air Europa doesn’t reply or rejects your claim.
Was your Air Europa flight delayed?
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Check my flight1When EU261 applies to an Air Europa flight
Air Europa is a Spanish airline, so an EU carrier. The Regulation covers:
All its flights departing an airport in the EU, Iceland, Norway or Switzerland, including domestic flights and those to the Balearic and Canary Islands.
Its flights arriving in the EU from outside it, such as Buenos Aires–Madrid or Cancún–Madrid.
Connections on a single booking: what counts is the delay on arrival at your final destination.
Flights with an Air Europa number operated by another airline (codeshare): you claim from the operating airline, and if it isn’t an EU carrier you’re only covered on departures from the EU.
Delays caused by extraordinary circumstances Air Europa can prove, such as a storm or an air traffic control decision that affected your flight.
2How much Air Europa pays for a delay
EU261 compensation per passenger
Up to 1,500 km
Madrid–Barcelona, Madrid–Palma, Madrid–Paris
Over 1,500 km within the EU, or 1,500–3,500 km
Madrid–Tenerife, Madrid–Las Palmas, Madrid–Dakar
Over 3,500 km outside the EU
Madrid–Buenos Aires, Madrid–Cancún, Madrid–Miami
On flights over 3,500 km outside the EU, such as those to the Americas, arriving between 3 and 4 hours late gives €300. Distance is measured in a straight line between the departure airport and your final destination.
Check how much I’m owed3How to claim from Air Europa, step by step
- 1
Keep your documents
Booking confirmation with your booking reference, boarding pass and Air Europa’s notices about the delay. If you paid for food, transport or a hotel while waiting, keep the receipts.
- 2
Check the actual arrival time
What counts is when the aircraft door opened at your final destination, not the landing time (CJEU, C-452/13). You can look it up on flight tracking services such as FlightAware.
- 3
Submit your claim on aireuropa.com
Use the claims form on its website. Give your booking reference, flight number and date, the hours of delay on arrival and the amount you’re claiming under Regulation (EC) 261/2004. Ask to be paid by bank transfer and keep the reference.
- 4
Give it a month
If Air Europa hasn’t replied within a month, or rejects the claim, you can complain free of charge to AESA (Spain’s enforcement body) when the flight departed Spain or arrived in Spain from outside the EU.
- 5
Escalate: AESA, court or AviFly
You can pursue it with AESA, sue yourself (no lawyer or court agent needed up to €2,000) or let AviFly handle the claim with nothing to pay upfront.
4Common excuses and what the law says
To avoid paying, Air Europa has to prove an extraordinary circumstance that affected your flight and that it couldn’t have avoided with reasonable measures.
"The delay was due to bad weather"
This only exempts the airline if the weather prevented your flight from operating safely and it can prove it: ask for the details and the evidence. A general mention isn’t enough.
"There was a technical problem"
A fault arising from maintenance or the normal operation of the aircraft doesn’t exempt the airline (CJEU, Wallentin-Hermann C-549/07). Only a hidden manufacturing defect or another event outside normal activity could.
"There was a strike"
A strike by the airline’s own staff is not an extraordinary circumstance (CJEU, C-28/20). One by air traffic controllers or airport staff can be, if Air Europa proves it affected your flight.
"The aircraft arrived late from its previous flight"
A knock-on delay alone doesn’t exempt the airline. It only counts if the aircraft’s previous flight was hit by an extraordinary circumstance, there is a direct link to your delay and Air Europa took reasonable measures (CJEU, C-74/19).
5What to do if Air Europa doesn’t reply or rejects your claim
A rejection or silence doesn’t close the case. You have three options:
AESA
A free online complaint to Spain’s State Aviation Safety Agency. Attach your claim to Air Europa and its reply, or proof that a month passed without an answer.
Going to court
In Spain you can sue without a lawyer or court agent for claims up to €2,000. The generally accepted time limit is 5 years from the flight (Art. 1964 of the Spanish Civil Code).
AviFly
We handle the claim, the negotiation with Air Europa and, if needed, the lawsuit. We only charge if you get your money: 15% + VAT out of court and 30% + VAT if it goes to court.
AviFly claims from Air Europa for you
Nothing upfront. We only charge if you recover your compensation.
Claim from Air EuropaFrequently asked questions about claiming from Air Europa
How much does Air Europa pay for a delay of more than 3 hours?
Per passenger: €250 on flights up to 1,500 km, €400 on flights within the EU over 1,500 km or of 1,500–3,500 km, and €600 on flights over 3,500 km outside the EU. On those long flights, a delay of 3 to 4 hours gives €300.
Does EU261 cover Air Europa flights to Latin America?
Yes, in both directions: outbound flights because they depart the EU, and return flights to Spain because Air Europa is an EU airline. With 4 or more hours’ delay on arrival, each passenger is owed €600.
How long does Air Europa take to reply?
There is no fixed legal deadline for the airline to reply or pay. If it hasn’t answered your claim within a month, you can go to AESA.
What if Air Europa cancelled my flight or bumped me because of overbooking?
You’re also entitled to €250, €400 or €600: for a cancellation, if you were told less than 14 days before; for overbooking, if you didn’t give up your seat voluntarily. Our cancelled flight and denied boarding guides explain how.
Do I have to accept a voucher instead of money?
No. Compensation is paid in money; it can only be paid in vouchers if you agree in writing (Art. 7(3) of the Regulation). If you’d rather have a bank transfer, turn the voucher down in writing.
Can I claim if I bought my ticket through a travel agency?
Yes. Compensation is paid by the airline operating the flight — Air Europa — even if you bought the ticket through an agency (Art. 3(5) of the Regulation). Claim directly from Air Europa with your booking reference.