Check here if you are within the time limit
The timeframe for claiming a flight is generally 2 to 5 years, depending on the type of regulation that applies in each case.
This timeframe varies depending on whether it is the Montreal Convention or EU Regulation 261/2004, each with different claiming deadlines.
Timeframe for claiming for a flight delay or cancellation:
- Montreal Convention: 2 years
- EU Regulation 261/2004 applicable in Spain: 5 years
- EU Regulation 261/2004 in other countries: It is necessary to check the civil code of each country.
This is one of the most crucial questions for passengers affected by a flight: knowing the timeframe they have to submit a claim from the day of the affected flight.
If you want an expert to determine if your case is eligible for a claim, simply fill out our form, and we will inform you without any commitment…
Claiming a delay or cancellation
Let’s delve into the details…
Timeframe for claiming a flight delay or cancellation according to the Montreal Convention
According to the Montreal Convention, the right to compensation for a passenger affected by the cancellation or delay of their flight expires if the corresponding action is not initiated within two years from the date of the flight.
Timeframe for claiming a delay or cancellation according to EU Regulation 261/2004
The judgment of the CJEU on November 22, 2012, which settled the preliminary question of case C-139/11, ruled on this matter and rejected the application of the 2-year limitation period to actions arising from EU Regulation 261/2004.
It was argued that since the compensation measure provided in Article 7 of EU Regulation 261/2004 was not envisaged in the Montreal Convention, the limitation period for the referenced action cannot be considered applicable. This is an autonomous rule independent of the Montreal Convention.
Therefore, the absence of an express provision in the body of the community standard must be filled by the procedural rules applicable in each Member State, provided that such regulation respects the principles of equivalence and effectiveness.
Timeframe for claiming a delay or cancellation according to Spanish civil law
As a consequence of the CJEU judgment, concerning Spanish law, Article 1964 of the Civil Code must be applied, which stipulates that the actions of affected passengers prescribe after 15 years once this period has elapsed.
However, Law 42/2015 of October 5 was published in the BOE, amending Law 1/2000 of January 7 of Civil Procedure. Emphasizing the part that affects the prescription regime of the Civil Code by reducing the general period established for the prescription of personal actions from 15 to 5 years.
Timeframe for claiming for a cancellation or delay
On www.lexority.com, the maximum timeframe for which we have been able to claim is that of a client who took their flight 5 years before the claim.
Each regulation/convention has its own time limits for filing a claim. At Lexority, we always recommend submitting the claim as soon as possible after the incident because it is recent, and it is much simpler to gather as much information as possible to succeed in our client’s case.
Thanks to our extensive team of lawyers specialized in flight claims, they will study your case without any commitment and claim on your behalf if the claim is deemed feasible.