The airline said no
"Your claim is too late"
The airline's own deadline is not the test. The limit comes from the law, and for EU261 it varies by country.
Could go either way
For UK261 flights from 14 December 2023, UK261 points to the Limitation Act 1980, which gives 6 years. That Act is English and Welsh law, so if you would sue in Scotland or Northern Ireland, check the limit there. For earlier flights and for EU261, check the limit in the country concerned before you reply, because a claim really can be too late. New EU rules will require a request for compensation within nine months of departure from 23 October 2027.
What the courts and the law say
- Cuadrench Moré v KLM (C-139/11, 22 November 2012). The time limit for claiming compensation is set by the rules of each country on limitation of actions. Read it
- Regulation 261/2004, Article 15. An airline's obligations under the Regulation cannot be limited or waived, for example by a clause in the contract of carriage. Read it
- UK261, Article 3(9). Since 14 December 2023 the time limit for a UK261 claim follows section 9 of the Limitation Act 1980, which gives six years from the date the right to claim arose. Read it
Only for UK261 claims: UK261, Article 3(9).
Claiming under UK261? EU rulings from before 2021 still count. UK courts decide what UK261 means in line with them (European Union (Withdrawal) Act 2018, section 6), and only the Supreme Court and certain appeal courts can depart from them. The government says its 2023 amendment restates certain of those principles. For a flight before 14 December 2023, an earlier version of the text applies.
We read each ruling in the official text on 3 and 4 November 2026. The EU has adopted new EU261 rules that apply from 23 October 2027 (Regulation (EU) 2026/2202). Until then the current rules apply. We have not yet confirmed how the new rules treat earlier flights, and we will update this site before that date. Not legal advice.
Your reply
Fill this in and copy the reply into an email or the airline's form. None of it leaves your device.
If it still says no
For EU261, complain to the national enforcement body of the country where it happened, use an Alternative Dispute Resolution body, or use the European Small Claims procedure. For UK261, use the airline's Alternative Dispute Resolution scheme, or the UK CAA if it has none.
Want a person to look at your case? In England and Wales, try Citizens Advice, whose flight delay page lists a consumer helpline. If you live in the EU, Norway or Iceland, your European Consumer Centre gives free advice on your rights when you travel in another country there.
Rather not argue?
AirHelp and Compensair both say they can take a claim the airline has already refused. No win, no fee, but they keep a share when they win, so check the fee first.
We may earn a commission if you use these links. Claiming yourself is free and you keep 100%.