Guías
Guías en lenguaje claro sobre los derechos de los pasajeros aéreos en Europa, respaldadas por fuentes oficiales.
29 resultados
- ADR for flight compensation: which schemes exist, who is a member, how they workIf an airline rejects or ignores an EU261 or UK261 claim, ADR is the free route between the airline and the court: an approved scheme looks at the claim and the airline's evidence and decides it, and in the binding schemes the airline must comply. ADR schemes decide compensation disputes free of charge for passengers and, where the scheme is binding, the airline must comply. They exist in the UK (AviationADR, CEDR), Germany (Schlichtungsstelle Reise & Verkehr, formerly söp), France (MTV), Spain (AESA's binding procedure) and Austria (apf), among others — the Netherlands has none for standalone flights; membership is per airline, and the scheme only accepts a case after the airline has had its chance to answer — 8 weeks in the UK, one to two months elsewhere, or a final response.
- ADR, enforcement body or court: which route for a refused compensation claimThree bodies outside the airline can act on a refused claim, and they do different things. An ADR scheme decides your individual claim for free — in the binding schemes the airline must comply. The national enforcement body checks whether the airline broke the Regulation and can sanction it, but outside Spain it does not order payment to you. The court orders payment and can enforce it; small-claims procedures are built to be used without a lawyer. Use ADR first where the airline is covered by a scheme, the court where it is not or where time is short.
- AESA claim in Spain: what to do when an airline rejects your EU261 claimFor a flight that departed from a Spanish airport — or arrived in Spain from outside the EU on an EU airline — dated 2 June 2023 or later, a refused or ignored EU261 claim goes to AESA, the Agencia Estatal de Seguridad Aérea. You must first have claimed in writing from the airline and either received a refusal or waited one month; you then file with AESA, free of charge, within one year of that claim. AESA hears both sides, decides within 90 days of the complete file, and its decision binds the airline: one month to pay, then a court can enforce it. The decision does not bind you, so the courts stay open — but if you sue first, AESA will not take the case.
- Airline refuses cancellation compensation: notice, re-routing and the refund confusionAn airline refusing cancellation compensation usually relies on one of four points: it told you 14 days or more ahead; it offered re-routing inside the legal windows; it refunded the ticket; or an extraordinary circumstance. The airline must prove when you were told, a refund is a separate right from compensation, the re-routing windows are narrow and exact, and a flight brought forward by more than an hour is itself a cancellation.
- Airline refuses delay compensation: the five delay-specific refusals and how to test themA delay claim is refused for one of five reasons, and each has a settled answer. The delay counts at your final destination when the doors open, not at departure; three hours is the threshold. Technical faults and crew problems are not extraordinary. A knock-on delay is judged on the cause of the first delay in the aircraft's day. On a single booking, a missed connection counts at the final destination. Test the airline's reason against these before accepting it.
- Airline strike compensation: when a strike does and does not exempt the airlineIt depends on who is striking. A strike by the airline's own staff — pilots, cabin crew, ground handlers it employs — is not an extraordinary circumstance, so a cancellation announced less than 14 days ahead or an arrival delay of 3 hours or more earns the fixed compensation (€250–€600, £220–£520). A strike by air-traffic controllers, airport security or other third parties is extraordinary: no compensation for the flights it actually affected, but refund, re-routing and care apply whatever the cause.
- Can an airline refuse EU261 compensation? The lawful grounds, and the ones that are notYes, but only on grounds the Regulation itself sets out: the flight is outside its scope; you had no confirmed reservation or did not check in in time; the arrival delay was under three hours or the cancellation was announced 14+ days ahead or with a re-routing inside the windows; the airline proves an extraordinary circumstance; boarding was denied on reasonable grounds; you signed for a voucher; or the claim is time-barred. A cheap fare, a contract clause, or "we only accept claims through our form" are not grounds.
- Care and assistance: meals, hotel and transport the airline must provideArticle 9 obliges the airline to provide meals and refreshments in proportion to the wait, two calls or e-mails, and hotel accommodation with transport when an overnight stay becomes necessary. This applies to every cancellation and denied boarding immediately, and to delays from 2 hours (up to 1,500 km), 3 hours (up to 3,500 km) or 4 hours (beyond) — regardless of the cause, extraordinary circumstances included. If the airline provides nothing, keep receipts and claim the reasonable amounts.
- Connecting flights on one booking vs separate tickets: what changesOn a single booking, a journey with connections is one flight for the Regulation: the delay is measured at the final destination and the distance band uses the whole journey, and this holds even when the connection is outside the EU or the second leg is flown by a non-EU partner. On separate tickets, each flight is its own contract — only the arrival delay of the disrupted flight counts, and a missed onward flight is not the airline's problem.
- Downgraded to a lower class: the 30 %, 50 % or 75 % refundIf the airline carries you in a lower class than the one you paid for, it must reimburse within 7 days: 30 % of the ticket price for flights up to 1,500 km, 50 % between 1,500 and 3,500 km (and intra-EU flights over 1,500 km), 75 % for longer flights. The percentage applies to the price of the downgraded flight segment, excluding taxes and charges. This is separate from delay or cancellation compensation and needs no proof of fault.
- Flight cancelled on the day of departure: what you can claimA same-day cancellation always falls inside the strictest notice window: fixed compensation is due unless the airline offered a replacement departing no more than 1 hour early and arriving less than 2 hours late, or proves extraordinary circumstances. In every case you can choose a refund or re-routing, and the airline must feed and, if necessary, accommodate you while you wait.
- Flight delayed 2 hours: what you are owed (and what you are not)No fixed compensation is due for a 2-hour delay: the €250–€600 (£220–£520) amounts start at 3 hours of arrival delay. From 2 hours on flights up to 1,500 km (3 hours up to 3,500 km, 4 hours beyond) the airline must provide meals, refreshments and two calls or e-mails, and a hotel if the wait runs overnight. Keep receipts and evidence — a 2-hour departure delay often becomes a 3-hour arrival delay.
- Flight delayed 4 hours or more: full compensation and your extra rightsFrom 4 hours of arrival delay the full compensation applies on every route — €250, €400 or €600 (£220, £350 or £520) per passenger — with no long-haul reduction, and the airline must have provided meals, communication and, if needed, a hotel. After 5 hours you may also give up the trip and claim a full refund of the unused ticket. The only defence is a proven extraordinary circumstance; a technical fault, a crew shortage or a late inbound aircraft is not one.
- Flight delayed overnight: hotel, transport, meals and the compensation on topFrom the moment the reasonably expected departure is the day after the one announced, Article 9 of Regulation 261/2004 obliges the airline to provide hotel accommodation and the transport between airport and hotel, on top of meals and refreshments. This applies to a delayed flight once the care threshold is reached (2, 3 or 4 hours by distance), and to a cancelled flight re-routed to the next day — in every case, whatever the cause: an ATC failure or a storm suspends compensation, never care (*McDonagh v Ryanair*). If the airline provides nothing, book a reasonable hotel, keep the receipts and claim the cost. The fixed compensation of €250–€600 (£220–£520) is a separate claim, due when you finally arrive 3 hours or more late unless the airline proves an extraordinary circumstance.
- Flight diverted to another airport: what you can claimWhen your flight lands at a different airport from the one on your ticket, the airline must, at its own cost, transport you to the original destination airport (or another nearby place you agree to). The delay is measured when you reach that original airport: 3 hours or more late means compensation, unless the diversion was caused by extraordinary circumstances. A diversion is not a cancellation and does not by itself trigger the cancellation rules.
- How long does an airline have to answer a compensation claim?Regulation 261/2004 does not give the airline a deadline to answer. The waiting period that matters is set by the body you escalate to: the UK schemes accept a case after eight weeks or a final answer, Germany after two months, France (MTV) after two months, Spain (AESA) after one month, Austria, Italy and Switzerland after six weeks, Poland after 30 days. Silence after that period is treated like a refusal; the court limitation period keeps running meanwhile.
- How much flight compensation can you get? The calculation explainedFlight compensation is a fixed amount per passenger set by distance: €250 up to 1,500 km, €400 from 1,500 to 3,500 km (and for any flight between two EU/EEA airports), €600 beyond — or £220, £350 and £520 under UK261. It does not depend on what you paid; a €19.99 ticket can earn €250. Distance is measured as a straight line between the first departure airport and the final destination.
- How to appeal a flight-compensation rejection: reply, ADR, enforcement body, courtAirlines do not run an appeal procedure; what exists is a sequence outside the airline. Step one is a single reasoned reply that asks for the facts the airline relies on, with a 14-day deadline. Step two is free: the ADR scheme the airline belongs to, or the national enforcement body of the departure country. Step three is small claims — the European Small Claims Procedure for cross-border cases up to €5,000. A refusal is a position, not a decision: it only holds if the claim was wrong in the first place, which a free check of the flight tells you before you write anything.
- How to claim flight compensation directly from the airline (free)Claiming yourself is free and usually takes one written claim plus one follow-up: state the flight, booking and passengers, the disruption facts, the legal basis (Article 7 of Regulation 261/2004 or the UK equivalent) and the amount, attach evidence, and give the airline 4 weeks. If refused, escalate to the departure country's enforcement body or the airline's ADR scheme.
- Missed connection compensation: when a delayed first flight costs you the secondIf all flights were on one booking and you reached your final destination 3+ hours late because of a delayed or cancelled first flight, you are entitled to compensation calculated on the whole journey — even if the first delay was short and even if the connection was outside Europe. On separate tickets only the disrupted flight itself counts, and the missed onward flight is not covered.
- Montreal Convention vs EU261: which one covers your lossThey answer different questions. EU261 pays fixed compensation (€250–€600) for the inconvenience of a long delay, a short-notice cancellation or denied boarding, with no proof of loss, on flights within its territorial scope. The Montreal Convention makes the airline liable for **proven** damage caused by delay, and for lost, damaged or delayed baggage, on almost every international flight worldwide, with a two-year limitation period. The same loss is not paid twice, but the two regimes can apply side by side.
- Package holidays and flight compensation: two sets of rights, one paymentEU261 applies to the flight of a package holiday exactly as to any other flight: the operating airline owes fixed compensation for a 3-hour delay, a short-notice cancellation or denied boarding. The tour operator is separately responsible for the holiday under the Package Travel Directive — price reductions, alternative arrangements, repatriation. The two rights coexist, but the same loss is not paid twice.
- Refund vs compensation: two different rights, often bothA refund (Article 8) returns the money you paid for a flight you did not take — due within 7 days when a flight is cancelled, when you are denied boarding, or when a delay reaches 5 hours and you choose not to travel. Compensation (Article 7) is a fixed €250–€600 per passenger for the disruption itself, due on top of the refund when the legal conditions are met. They are cumulative, not alternatives.
- Rejected for "extraordinary circumstances": how to test the airline's reasonExtraordinary circumstances is the most common refusal and the most often misused. The Court of Justice has settled which causes qualify: technical problems, rostering, the airline's own strikes and knock-on delays from the airline's own operations do not; severe weather, ATC restrictions, bird strikes and third-party strikes can, if the airline proves they affected your flight and that it took all reasonable measures. Test the reason against those four questions before you accept it.
- Schedule change or cancellation? When a retimed flight earns compensationIt depends on which way the flight moved and when you were told. A flight brought forward by **more than one hour** is a cancellation (Court of Justice, Joined Cases C-146/20 and others, December 2021): compensation of €250–€600 (£220–£520) is due unless the airline told you 14 days or more ahead or the new time fell inside the re-routing windows, and you may take a refund instead whatever the notice. A flight moved **later by under three hours** is not a cancellation; a longer postponement is assessed as a delay, so compensation turns on arriving 3 hours or more after the original scheduled time. A flight moved to **another day** is a cancellation or a very long delay — compensation either way unless the notice rules or an extraordinary circumstance apply.
- The airline is ignoring my compensation claim: what to do nextSilence is common and not fatal. After 4 weeks send a reminder with a 14-day deadline; after 8 weeks without a substantive answer, refer the claim to the alternative dispute resolution scheme the airline belongs to (binding on it) or to the national enforcement body of the departure country, both free. A court claim remains available within the limitation period — 1 to 6 years depending on the country.
- The airline offered a voucher instead of compensation: can you refuse it?You can refuse the voucher. Article 7(3) of Regulation 261/2004 says compensation is paid in cash, by bank transfer or by cheque, and in travel vouchers only with the passenger's signed agreement; the UK text says the same. If you have not agreed in writing, the full amount is still owed in money. If you did agree but were not correctly informed of your rights, Article 15(2) keeps your right to claim the difference.
- The airline rejected my EU261 claim: what to do nextIf an airline rejects an EU261 claim, the rejection does not automatically mean the passenger is ineligible: the next step depends on the airline's stated reason, the flight circumstances, the applicable regulation and whether the airline belongs to an ADR scheme. A refusal is a position, not a decision. Airlines answer most claims with one of four templates — extraordinary circumstances, a disputed delay length, a scope argument, or vouchers instead of money — and each has a specific reply. Answer once in writing, ask for the facts the airline relies on, and if the answer does not change, refer the case to the ADR scheme or the national enforcement body for free.
- The EU261 reform: what the proposed changes would mean for passengersNothing has changed yet: Regulation 261/2004 applies unchanged to every flight until an amending regulation is published in the Official Journal with a date of application. The Council's general approach of June 2025 proposes compensation from 4 hours of delay on flights up to 3,500 km and 6 hours beyond, with amounts of €300 and €500, and codifies rights around re-routing and care. The European Parliament's position and the final text are still to come.
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