Cancelled flight: all your rights under EU261
Reviewed by José Romero Lara
EU261 aviation lawyer — 5+ years as in-house legal counsel at international airlines
When an airline cancels a flight, Regulation (EC) 261/2004 gives you three separate things: your money back or a way to reach your destination, assistance while you wait and, in many cases, cash compensation. This guide explains what you can demand, how much, and when the airline doesn’t have to pay.
Was your flight cancelled?
Check for free whether you’re owed compensation. Nothing to pay upfront.
Check my flight1The three rights you have
After a cancellation the Regulation gives three separate rights. The first is a choice; the other two come on top.
What the airline owes you
Refund or alternative flight
Your choice: the ticket price within 7 days, or getting to your destination (Art. 8)
Assistance
Food and drink, two communications, and a hotel with transfers if you stay overnight (Art. 9)
Compensation
If you were told less than 14 days ahead and there were no extraordinary circumstances (Arts. 5 and 7)
2Refund or alternative flight
If you choose the refund, the airline must return the price of the unused ticket, taxes included, within 7 days. If you had already flown part of the trip and it no longer serves a purpose, you also get the used legs back plus a flight back to your starting point.
If you choose to reach your destination, the airline must offer comparable transport at the earliest opportunity or on a later date you prefer, subject to seats. When it has no suitable flight of its own in time, it may have to rebook you with another airline.
Vouchers
The refund is paid in money, in the way you paid. It can only be paid in vouchers if you agree in writing, and accepting one may stop you claiming the difference later.
3How much compensation you’re owed
Compensation per passenger
Up to 1,500 km
Madrid–Barcelona, Madrid–London, Barcelona–Rome
Over 1,500 km within the EU, or 1,500–3,500 km
Madrid–Tenerife, Barcelona–Athens, Madrid–Cairo
Over 3,500 km outside the EU
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 your scheduled arrival (depending on distance), the airline may pay 50% (Art. 7(2)).
4When no compensation is owed
You were told 14 days or more in advance
You still get a refund or an alternative flight, but no compensation.
You were told 7 to 14 days ahead
No compensation if you were offered a flight departing no more than 2 hours early and arriving less than 4 hours late.
You were told less than 7 days ahead
No compensation if the replacement flight departed no more than 1 hour early and arrived less than 2 hours late.
Proven extraordinary circumstances
Weather that makes flying unsafe, air traffic control decisions or airport closures, if the airline proves it. Assistance is still owed.
A technical fault or a strike by the airline’s own staff are not extraordinary circumstances, so compensation is owed in those cases.
5How to claim, step by step
- 1
Keep your documents
Booking, boarding pass if you had one, the cancellation notice and receipts for food, transport or a hotel you paid for.
- 2
Choose refund or rebooking
Tell the airline in writing. If you’re rebooked, keep the new flight details: its arrival time decides whether compensation is reduced.
- 3
Claim in writing
Ask for the compensation, any refund due and your assistance costs, with the flight number and date.
- 4
No answer in a month? Escalate
You can complain free of charge to AESA if the flight departed Spain, or go to court (no lawyer needed up to €2,000).
- 5
Or hand it to AviFly
We handle the claim and, if needed, the lawsuit. We only charge if you get your money: 15% + VAT out of court and 30% + VAT in court.
Frequently asked questions
How long does the airline have to refund me?
The Regulation gives it 7 days from when you ask for the refund, and it must pay in the way you bought the ticket unless you agree otherwise in writing.
Can they give me a voucher instead of money?
Only if you agree in writing. You can refuse and demand money; if you already accepted one without knowing you were entitled to a refund, you can try to claim the difference.
Do I get compensation if they told me two weeks before?
With 14 days’ notice or more there’s no cash compensation, though you still get a refund or alternative flight. Between 7 and 14 days it depends on the timing of the flight you were offered.
What’s the difference between a cancellation and a long delay?
If the flight never operates it’s a cancellation and you can choose between a refund and rebooking. If it operates but you arrive 3 or more hours late, the compensation is the same (CJEU, Sturgeon), but you can’t choose a refund unless the delay reaches 5 hours.
What if the flight is cancelled because of a strike?
If the strike is by the airline’s own staff, compensation is owed. A strike by air traffic controllers or airport staff can exempt the airline, if it proves the strike affected your flight.
How long do I have to claim?
In Spain the generally accepted time limit is 5 years from the flight (Art. 1964 of the Spanish Civil Code).