Question 1

When am I entitled to make a flight claim?

Accepted Answer

You are entitled to claim when your flight departs from an EU airport or arrives in the EU operated by a European airline, and you suffer a delay of 3 or more hours at your destination, a cancellation or a denied boarding. The applicable regulation is EC Regulation 261/2004, which guarantees compensation of between €250 and €600 per passenger depending on the flight distance.

Question 2

What happens if my flight is delayed by more than 3 hours?

Accepted Answer

If you arrive at your final destination with a delay of 3 or more hours, you are entitled to the financial compensation set out in Article 7 of EC 261/2004: €250 for flights up to 1,500 km, €400 for flights between 1,500 and 3,500 km, and €600 for flights over 3,500 km. The airline can only be exempt if it proves that the delay was caused by unavoidable extraordinary circumstances.

Question 3

What happens if my flight is delayed by 2 hours?

Accepted Answer

A 2-hour delay does not give rise to financial compensation, but you are entitled to assistance: food and drink proportionate to the waiting time, and two telephone calls or emails. If the delay extends and you cannot depart on the same day, the airline must offer you accommodation and transport to the hotel. Financial compensation only applies when the arrival delay exceeds 3 hours.

Question 4

Am I entitled to compensation if my flight is cancelled?

Accepted Answer

Yes, unless the airline informed you of the cancellation at least 14 days in advance or offered you an alternative flight with similar timings. If the cancellation occurs with less than 14 days' notice and no adequate alternative is offered, you are entitled to compensation of up to €600 plus a full refund of your ticket price or an alternative flight of your choice.

Question 5

What is overbooking and what rights do I have?

Accepted Answer

Overbooking occurs when an airline sells more tickets than seats available and you are involuntarily denied boarding. In this case you have an immediate right to financial compensation (€250, €400 or €600 depending on the distance), a ticket refund or alternative flight, and assistance at the airport. The airline must first seek volunteers before forcibly denying boarding.

Question 6

Can I claim if I missed my connecting flight?

Accepted Answer

Yes, if both flights form part of the same booking or were sold under a single contract. If the first flight arrived late and caused you to miss the connection, the airline responsible for the initial delay must compensate you based on the total delay at your final destination. If the connection was a separate booking, the claim becomes more complex, although it can be assessed on a case-by-case basis.

Question 7

Am I compensated if I am diverted to a different airport?

Accepted Answer

Yes. If the flight lands at an airport different from the one contracted, the airline must provide free transport to the original destination airport or another agreed location. Furthermore, if the total arrival time is 3 or more hours later than scheduled, you are entitled to the standard financial compensation under EC 261/2004.

Question 8

Can I claim if the airline downgraded my seat class?

Accepted Answer

If you are downgraded to a class lower than the one you booked, the airline must reimburse between 30% and 75% of the ticket price depending on the flight distance, in accordance with Article 10 of EC 261/2004. If you are upgraded, you are not entitled to additional compensation, nor can the airline charge you a supplement.

Question 9

What happens if the flight departs earlier than scheduled?

Accepted Answer

If the flight advances its departure by more than one hour compared to the contracted schedule and you were not given sufficient advance notice, this may be considered a covert cancellation, which triggers the rights under EC 261/2004. The Court of Justice of the EU has recognised this criterion in cases where passengers were unable to board due to the early departure.

Question 10

Do I have rights if I am travelling on a package holiday?

Accepted Answer

Yes. If the flight forms part of a package holiday, EC 261/2004 continues to apply to the air component. In addition, the Package Travel Directive (2015/2302) grants additional rights against the package organiser, including the right to terminate the contract if serious incidents significantly affect the trip.

Question 11

How much money am I entitled to for a delayed flight?

Accepted Answer

The compensation set out in Article 7 of EC 261/2004 is €250 for flights up to 1,500 km, €400 for intra-EU flights over 1,500 km and all international flights between 1,500 and 3,500 km, and €600 for flights over 3,500 km outside the EU. These amounts may be reduced by 50% if the airline offers you an alternative flight with a moderate delay relative to the original.

Question 12

How is compensation calculated for a cancelled flight?

Accepted Answer

Compensation for cancellation is calculated in the same way as for delays: €250, €400 or €600 depending on the distance. The 50% reduction applies if the airline offers an alternative flight arriving at the destination no more than 2, 3 or 4 hours after the original schedule (depending on the distance). If no alternative is offered, you receive 100% of the compensation.

Question 13

Can the airline pay me with vouchers instead of cash?

Accepted Answer

The airline cannot impose a voucher on you without your express consent. EC 261/2004 establishes your right to cash compensation. The airline may offer a higher-value voucher as a voluntary alternative, but if you decline it you must receive the amount in money. Never accept a voucher if you are not certain you will be able to use it.

Question 14

Will I receive a ticket refund in addition to the compensation?

Accepted Answer

These are two separate rights. The ticket refund applies when you decide not to fly following a cancellation or a delay of more than 5 hours, and covers the full ticket price plus, where applicable, a return flight to your point of departure. The financial compensation (€250–600) is additional and applies when the airline is in breach. You can request both at the same time.

Question 15

Can I claim extra expenses caused by the delay (hotel, food)?

Accepted Answer

Yes, through two routes. On one hand, Article 9 of EC 261/2004 obliges the airline to provide meals and accommodation during the wait; if it fails to do so, you can claim reasonable expenses you incurred. On the other hand, if you have provable additional losses (a missed business meeting, a non-refundable hotel, etc.), you can claim supplementary compensation under the Montreal Convention.

Question 16

What is the 50% reduction in compensation?

Accepted Answer

Article 7(2) of EC 261/2004 allows the airline to halve the compensation if it offers alternative transport and you arrive at your final destination with a limited delay: up to 2 hours for short-haul flights, up to 3 hours for medium-haul and up to 4 hours for long-haul. If the delay with the alternative flight exceeds those thresholds, you must receive the full compensation.

Question 17

What are extraordinary circumstances in aviation?

Accepted Answer

These are external events that are unavoidable and that the airline cannot control even when taking all reasonable measures. The Court of Justice of the EU has set a strict standard: the airline must prove both that the event was extraordinary and that it could not avoid the delay or cancellation. Merely alleging the event is not enough; the impossibility of acting otherwise must be demonstrated.

Question 18

Does a pilots' strike exempt the airline from paying?

Accepted Answer

It depends. The CJEU distinguishes between internal strikes (organised by the airline's own employees) and external strikes (air traffic controllers, third-party ground staff). A strike by the airline's own staff is NOT an extraordinary circumstance according to the Transportes Aéreos Portugueses ruling (C-74/19), because it is an event inherent to the normal activity of the company.

Question 19

Are technical faults extraordinary circumstances?

Accepted Answer

Generally, no. The CJEU established in the Wallentin-Hermann case (C-549/07) that technical failures arising from ordinary maintenance do not constitute extraordinary circumstances. Only a fault caused by an exceptional external event — such as a lightning strike or damage caused by a foreign object on the runway — may qualify, and only where the airline proves it took all reasonable measures.

Question 20

Does bad weather exempt the airline from compensating me?

Accepted Answer

Not always. Adverse weather conditions may constitute extraordinary circumstances, but only when they genuinely prevent the safe operation of the flight as determined by the pilot or air traffic control. Light rain, moderate fog or winds within ordinary ranges are usually insufficient. Furthermore, if the bad weather affected a previous flight of the same aircraft, the airline must demonstrate that it could not reorganise its fleet.

Question 21

Am I compensated if the flight was free or paid with points?

Accepted Answer

Yes. EC 261/2004 protects all passengers regardless of what they paid for their ticket, including free tickets, staff tickets, and tickets redeemed with miles or loyalty points. What matters is that you hold a confirmed reservation and present yourself at the gate on time. Compensation is calculated based on the flight distance, not the price paid.

Question 22

Does EC261 apply to flights outside Europe?

Accepted Answer

EC 261/2004 applies to all flights departing from an EU airport (regardless of the airline) and to flights arriving in the EU operated by EU-licensed airlines. It does not apply to flights between two non-European countries even if the airline is European. For routes departing from outside the EU with non-European airlines, the local legislation of the country of departure or the Montreal Convention may apply.

Question 23

How long do I have to make a flight claim in Spain?

Accepted Answer

In Spain, the general time limit for claiming under EC 261/2004 is 5 years, pursuant to Article 1964 of the Civil Code on personal actions. This period runs from the date of the flight or from when the airline formally rejected your claim. However, the sooner you claim, the easier it is to preserve the necessary evidence and documents.

Question 24

Can I claim for flights that took place more than 2 years ago?

Accepted Answer

Yes, in Spain. The 5-year limitation period allows you to claim for flights up to 5 years old. Limitation periods vary across the EU: France has 5 years, Germany 3 years and the United Kingdom (no longer EU) 6 years. If your flight departed from another European country, it is worth checking the applicable limitation period for that territory.

Question 25

Can I claim for a flight that took place 5 years ago?

Accepted Answer

In Spain, a flight from exactly 5 years ago can still be claimed, but you must act urgently as the deadline may be about to expire. The limitation period begins on the date of the flight or on the date of the last communication with the airline. If there has been any exchange of emails or previous claims in that time, the period may have been interrupted and restarted.

Question 26

When does the right to claim become time-barred?

Accepted Answer

In Spain the right expires after 5 years. The period may be interrupted if you submit an extrajudicial claim to the airline, file a complaint with the AESA, or begin any legal action. Each interruption restarts the count from zero. It is therefore important to keep all emails and communications with the airline, as they are evidence that the period was interrupted.

Question 27

How does the claims process work with AviFly?

Accepted Answer

The process is 100% digital and involves no upfront costs. You enter your flight details, we upload the documentation for your case and send you an assessment. If you decide to proceed, we handle the entire extrajudicial claim directly with the airline. If the airline rejects it or does not respond, we can escalate to the AESA or to the courts. You only sign the powers of representation; we do the rest.

Question 28

How long does AviFly take to resolve my claim?

Accepted Answer

The time depends on each airline and on whether the case requires the extrajudicial or judicial route. Airlines have 30 working days to respond to an extrajudicial claim. Some resolve within weeks; others take several months or require AESA intervention. In judicial cases the timeline may extend, but we keep you informed at every stage of the process.

Question 29

How much does AviFly charge if it wins my claim?

Accepted Answer

AviFly charges only in the event of success. For the extrajudicial route, the commission is 15% + VAT on the compensation obtained. If the case requires the judicial route, the commission is 30% + VAT. In no circumstances is any charge made upfront or if compensation is not obtained.

Question 30

What happens if AviFly does not win my claim?

Accepted Answer

If we do not win, you pay nothing. This is the No Win, No Pay model we apply to every case. There are no opening fees, no management charges and no penalty for withdrawal. If after exhausting all avenues compensation is not obtained, the service has no cost to you whatsoever.

Question 31

What documents do I need to claim with AviFly?

Accepted Answer

Your flight ticket or booking confirmation is sufficient to start the process. Where needed, your boarding pass, receipts for expenses incurred due to the delay (hotel, meals, transport) and any communication you received from the airline about the incident can also help. We will tell you exactly what we need in each case.

Question 32

Can I claim on behalf of my family?

Accepted Answer

Yes. You can initiate a claim on behalf of all passengers in your booking. Each passenger is entitled to their own individual compensation, so if four of you were travelling, the total compensation could amount to four times the individual sum. You simply need to provide the details of each passenger and, in some cases, a signed authorisation from any adult members of the group.

Question 33

What should I do if the airline contacts me directly?

Accepted Answer

If you have entrusted your case to AviFly and the airline contacts you directly, please inform our team before responding. Some airlines attempt to offer direct settlements (sometimes as vouchers or amounts lower than what you are owed) to avoid dealing through a representative. We will negotiate on your behalf to ensure you receive the full compensation you are entitled to by law.

Question 34

Can I claim if my employer paid for the ticket?

Accepted Answer

Yes. EC 261/2004 protects the passenger, not the person who paid for the ticket. If you were travelling for work and your employer purchased the ticket, you as the passenger are the one entitled to compensation. Check the arrangement with your employer to see whether they expect you to pass on the amount, but the right to claim against the airline is yours.

Question 35

Are children under 2 years old entitled to compensation?

Accepted Answer

It depends. Infants travelling without their own seat (on a lap, on an infant fare ticket) have limited rights under EC 261/2004. If the child had a reserved and paid seat of their own, they have the same rights as any adult passenger. In case of doubt, it is worth analysing the type of ticket the child was travelling on.

Question 36

Can I claim using frequent flyer miles?

Accepted Answer

Yes. EC 261/2004 does not discriminate based on the type of ticket or the price paid. Tickets redeemed with miles or loyalty programme points are covered by the regulation, provided the flight meets the territorial and airline criteria. Compensation is calculated in the same way as for any other passenger.

Question 37

What happens if the airline rejected my claim?

Accepted Answer

If the airline rejects your claim or does not respond within 30 working days, you have several options: file a complaint with the Agencia Estatal de Seguridad Aérea (AESA) in Spain, approach the equivalent body in the relevant European country, or initiate legal proceedings before the commercial court. AviFly can manage all of these routes on your behalf.

Question 38

Can I claim against Ryanair for a delay?

Accepted Answer

Yes. Ryanair is an Irish airline and operates within the EU, so it is fully subject to EC 261/2004. Historically it has been one of the airlines with the highest volume of claims. Although its internal claims process can be complicated, AviFly has extensive experience managing claims against Ryanair through both the extrajudicial and judicial routes.

Question 39

Can I claim against Vueling for a cancelled flight?

Accepted Answer

Yes. Vueling is a Spanish airline and is fully subject to EC 261/2004. For cancellations with less than 14 days' notice and no adequate alternative, you are entitled to compensation of €250 to €600 depending on the distance. You can claim directly with Vueling or through AviFly, which manages the entire process.

Question 40

Does EC261 apply after Brexit to flights to the UK?

Accepted Answer

Since 1 January 2021, the EU's EC 261/2004 no longer applies directly to flights between the EU and the United Kingdom. However, the UK adopted UK261, its own regulation that is almost identical and grants passengers the same rights. For flights departing from an EU airport, the European EC261 applies; for flights departing from the UK, UK261 applies.

Question 41

What happens if the flight was operated by a non-European airline?

Accepted Answer

If the flight departed from an EU airport, EC 261/2004 applies even if the airline is from outside Europe. If the flight arrived in the EU but departed from outside it, the European regulation does not apply to non-European airlines. In such cases, the legislation of the country of departure or the Montreal Convention may apply for claiming damages.

Question 42

Can I claim if my luggage was lost?

Accepted Answer

Loss, delay or damage to baggage is not governed by EC 261/2004 but by the Montreal Convention. In the event of loss or damage, you are entitled to compensation of up to approximately 1,400 SDR (around €1,700). The time limit to claim is 7 days for damage, 21 days for delay and 2 years for loss. You must submit a formal Property Irregularity Report (PIR) at the airport.

Question 43

What is the difference between a refund and compensation?

Accepted Answer

A refund is the return of the ticket price when you decide not to fly following a cancellation or a delay of more than 5 hours; it is a right that does not require a serious breach. Compensation (Article 7 of EC 261/2004) is the fixed payment of €250 to €600 for the inconvenience caused by the delay or cancellation. The two rights are compatible: you can request a ticket refund and compensation at the same time.

Question 44

Can I claim if I was travelling on a package holiday?

Accepted Answer

Yes, under two separate sets of rules. EC 261/2004 applies to the air component: if the flight was delayed or cancelled, you are entitled to compensation from the airline. Additionally, the Package Travel Directive (transposed into Spanish law by Royal Legislative Decree 1/2007) protects you against the travel organiser if the flight disruption ruins the entire package.

Question 45

What is EC Regulation 261/2004?

Accepted Answer

It is the European regulation that establishes the minimum rights of air passengers in the event of cancellations, delays of more than 3 hours and denied boarding (overbooking). Adopted by the European Parliament and the Council of the EU, it entered into force on 17 February 2005 and applies to all flights departing from EU airports or arriving in the EU on European airlines.

Question 46

Which flights are covered by EC261?

Accepted Answer

Covered flights include: all flights departing from any airport in an EU member state (with any airline), and flights to the EU operated by EU-licensed airlines. Not covered: flights from outside the EU operated by non-European airlines, nor helicopter flights, ultralight aircraft or training flights.

Question 47

Will I receive meals if my flight is delayed by 2 hours?

Accepted Answer

Yes. Article 9 of EC 261/2004 obliges the airline to provide a reasonable amount of food and drink from a delay of 2 hours on flights up to 1,500 km, from 3 hours on flights between 1,500 and 3,500 km, and from 4 hours on longer flights. If the airline does not provide this, you may purchase refreshments yourself and claim a reimbursement with your receipts.

Question 48

Must the airline pay for my hotel if it cancels the flight?

Accepted Answer

Yes. If the cancellation necessitates an overnight stay, the airline must cover hotel accommodation and transport between the airport and the hotel. This right to assistance is independent of financial compensation and cannot be removed even if the delay is due to extraordinary circumstances. If the airline does not arrange this, keep your receipts and claim reimbursement.

Question 49

Can I refuse the alternative flight and request a refund?

Accepted Answer

Yes. Following a cancellation or a delay of more than 5 hours, you may freely choose between accepting the alternative flight offered or waiving the journey and demanding a full refund of the ticket price. If you decline the alternative, the airline must return the ticket price within a maximum of 7 days. Your choice does not affect the right to financial compensation if the cancellation was the airline's responsibility.

Question 50

What is the AESA and how can it help me?

Accepted Answer

The AESA (Agencia Estatal de Seguridad Aérea) is the Spanish regulatory body that oversees compliance with EC 261/2004. If the airline rejects your claim, you can file a complaint with the AESA free of charge. The AESA investigates the case and may order the airline to pay. If legal proceedings become necessary, filing with the AESA is also the recommended preliminary step before going to court.

Frequently Asked Questions about Flight Claims

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