What Is The Time Limit To Make A Flight Compensation Claim?
In the UK, you can claim compensation for eligible flights that departed in the last six years. In Scotland, you have five years from the departure date to start your claim.
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.
Why Choose Bott and Co?
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A History Of Success
We have claimed over £80m in flight compensation from the airlines.
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Expert Legal Advice
Recognised not just within our industry but also by Martin Lewis as “pioneers” in our field.
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On Your Side
Completely independent, our only focus is helping you claim for what you are legally entitled to.
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Fully Regulated
We are members of the Solicitors Regulation Authority. Your claim is in safe hands.
How Long After A Delayed Flight Can I Claim Compensation?
You can start your claim for a delayed flight up to six years after the date of the originally scheduled flight.
How Long Do You Have To Claim Compensation For A Cancelled Flight?
Similarly to flight delays, you have up to six years after the date of your originally scheduled flight to start your claim for a cancelled flight.
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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.
Recent Successful Flight Compensation Claims
Bott and Co help couple receive £350 each in compensation after arriving on holiday to Corfu late.
We secured compensation for family of 3 who missed a day of their holiday due to flight cancellation.
Family receive £350 compensation each after Jet2 flight to Manchester from Antalya was delayed for 22.5 hours.
Family instruct Bott and Co after missing connecting flight to London due to BA departure delay at JFK Airport.
We helped family of 4 flying from Lithuania to London receive £350 each for flight cancellation.
Family of 4 returning from their holiday in Turkey arrive home 2 days late following flight cancellation.
Passengers receive £350 each after their flight to Tunisia was cancelled and rescheduled for 24 hours later.
Family going to Miami with American Airlines were rerouted to New York AND Dallas before arriving in California.
Family of 4's delay at Birmingham Airport led to missed connection in Dubai and new flight given 3 days later.
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. You can claim for delayed flights that departed in the last six years.
Under UK law, you will be able to make a claim for EU261 compensation if your flight:
Flights Covered By EU261
| Departing From | Arriving To | Can I Claim? |
|---|---|---|
| Airport inside UK/ EU | Airport inside UK/EU |
Yes (Claimable for any airline) |
| Airport inside UK/ EU | Airport outside UK/EU |
Yes (Claimable for any airline) |
| Airport outside UK/EU | Airport inside UK/EU |
Yes (If on an EU based airline) |
| Airport outside UK/EU | Airport outside UK/EU |
No |
When Can I Claim Flight Delay Compensation?
You may be entitled to claim up to £520 per passenger in flight delay compensation if your flight arrives at least three 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.
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How Much Compensation Can I Claim For Flight Cancellations And 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 flight delay compensation you could claim. See here for information on compensation amounts for cancelled flights.
EU261 Flight Delay Compensation Claim Amounts in UK Pounds
| Flight Distance | Less than 3 hours | 3 hours or more | More than 4 hours | Never arrived |
|---|---|---|---|---|
| All flights 1,500km or less |
£0 |
£220 |
£220 |
£220 |
| Internal EU flights over 1,500km |
£0 |
£350 |
£350 |
£350 |
| Non-internal EU flights between 1,500km and 3,500km |
£0 |
£350 |
£350 |
£350 |
| Internal EU flights over 3,500km |
£0 |
£260 |
£520 |
£520 |
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.
