Flight Delay Compensation Time Limits – How Long After A Flight Delay Or Cancellation Can I Claim?

What Is The Time Limit To Make A Flight Compensation Claim?

In the UK, you have up to 6 years from the date of your flight to start a flight delay or cancellation compensation claim. However, if you’re making a claim in Scotland, the time limit is 5 years.

Bott and Co. proved this time limit at the Supreme Court in 2014, representing passenger James Dawson vs. Thomson.

Following several appeals, Judges ruled in agreement with Bott and Co. that consumers have six years rather than two to bring a flight claim, as Thomson argued.

Add your flight details to our free flight compensation calculator to find out if you can claim and how much compensation you may be able to receive.

How Long After A Flight Delay Can You Claim Compensation?

You can start your claim for a delayed flight up to 6 years after the date of the originally scheduled flight. In Scotland, the time limit is 5 years. The 6 year time period in the UK is in aligned with the statue of limitations found in the Limitation Act 1980.

How Long After A Cancelled Flight Can You Claim Compensation?

Similarly to claiming for flight delays, you have up to 6 years from the date of your originally scheduled flight to start your claim for a cancelled flight.

The 6 year time limit to making a claim also applies to claiming for missed connecting flights, and overbooked or denied boarding flight claims.

What Is The Time Limit To Start A Flight Compensation Claim In Other Countries?

While the time limit to claim compensation under EU261 for UK passengers is 6 years, the limitation period for other countries is determined by the national law of the country where your claim is made.

This means the amount of time you have to claim can vary depending on the country you are claiming in and can range from one year to several years after the date of your flight.

*  Sweden: if a passenger notifies an airline within the first 2 months after the flight, the claim is eligible for 10 years.
** Czech Republic: if a passenger notifies the airline within 6 months after the flight, the claim is eligible for 3 years.

What Should I Do If The Airline Says I Only Have Two Years To Claim Flight Compensation?

In the past, we have seen airlines turn down flight compensation claims that were over two years old.

Airlines often argued that The Montreal Convention 1999 meant passengers had just two years to claim compensation under EU Reg 261 in England and Wales.

Bott and Co. represented client James Dawson to the Supreme Court in a test case on this issue. We argued that consumers have six years to bring a flight compensation claim, in accordance with Section 9 of the Limitation Act 1980.

After several rounds of appeal, in October 2014 a binding decision was made in the case of Dawson v Thomson Airways Judges ruled against the airlines and agreed with Bott and Co. that consumers in England and Wales have six years to bring a flight delay claim.

It was hoped that this would bring the much-needed clarity to the matter and that airlines would start to pay out on flight delay cases over two years old without further dispute. Unfortunately, this has not been the case.

The airlines have stopped running the Montreal Convention argument since the Supreme Court decision in 2014. However, some carriers are now arguing that their Terms & Conditions state passengers only have two years from the date of the flight to bring a claim for delay compensation.

What Are The Terms And Conditions Arguments That The Airlines Are Sometimes Making?

Some airlines’ terms and conditions specify that passengers only have two years to make “any claim for damages.”

We fundamentally disagree with this position and run several arguments to counteract the airlines’ defence when we encounter this on behalf of our clients.

How Do I Know If My Flight Is Eligible For Flight Compensation?

EU Reg 261 protects airline passengers whose flights departed from or arrived at a UK or EU airport on a UK or EU airline that departed in the last six years.

Under UK law, you will be able to make a claim for EU261 compensation if your flight:

• Departed from the UK
• Arrived in the UK on a UK or EU airline
• Arrived in the EU on a UK airline

When Can I Claim For Flight Compensation?

You may be entitled to claim up to £520 per passenger in flight delay compensation if your flight arrives at least 3 hours later than scheduled and the delay was the airline’s responsibility and not an “extraordinary circumstance.”

You can also claim flight compensation if your flight was cancelled, you were involuntarily denied boarding, or you missed a connecting flight.

How Much Compensation Can I Claim For Flight Delays?

The maximum amount of compensation you can claim for a delayed flight is £520 per passenger. How much you can claim will depend on how many hours your flight was delayed and the flight distance.

The level of compensation increases the longer you are delayed and the further the distance of your flight. You can claim for each passenger individually. If you were a family of four and were due £520 each, the total amount would be £2080.

The compensation amounts are fixed and unrelated to the ticket cost, the class of the fare you booked or whether you used air miles.

Our table below shows how much compensation you could claim for a delayed flight.

See here for information on compensation amounts for cancelled flights.

Meet Our Solicitors

Coby Benson

A member of The Law Society and a SRA Registered Solicitor, Coby has been instrumental in establishing flight delay compensation law in the UK, including playing a significant part in the landmark cases of Huzar v Jet2 and Dawson v Thomson at The Supreme Court.

Coby is regularly asked for comment in the national media, regularly featuring in The Daily Telegraph, The Times, The Guardian and The Independent as well as appearing on BBC Television, Sky News, ITV and BBC Radio 4 and Radio Five Live.

More About Coby