Time Limit: How Far Back Can I Claim a Flight Compensation?

Time Limit: How Far Back Can I Claim a Flight Compensation?

“My flight was delayed 6 years ago. Back then, I had no idea that I could get compensated for that. Can I still get a compensation for that flight delay?”

This is what many passengers who have only recently been made aware of their  wonder.

Well, yes, you can probably still claim your  – but there is a time limit. How far back you can claim varies from one country to the next.

If your flight was cancelled or delayed by at least 3 hours, you can get up to 600€ in compensation from the airline. Check if you’re eligible by filling out your flight information  – it takes only 3 minutes!

You-Might-Get-a-Compensation-for-That-Old-Flight-Delay-After-AllHow Far Back Can I Claim Compensation In Each Country?

So you can claim for flight disruptions which happened years ago. But how many years exactly?

The time-limit depends on the legislation of the country you bring the claim to.

Here is an extensive list of countries in Europe, with how far back you can claim for each of them:

How-Far-Back-Can-I-Claim-a-Compensation-for-Flight-Delay-or-Cancellation

And here again in full text if that’s easier for you. This is how far back you can undertake court actions to claim compensation for your delayed or cancelled flight:

    Austria: 3 years (Source: ) Belgium: 1 year (Source:  Bulgaria: 3 years (Source: . It was also confirmed by the Supreme Court of Cassation (case No 1799/2014)) Croatia: 2 years (Source:  Cyprus: 6 years Czech Republic: 3 years to bring the case to the attention of a National Enforcement Body (NEB) (Source:  Denmark: 3 years from the date of departure (Source: ) Estonia: 3 years (Source: ) Finland: 3 years (Source: ) France: 5 years Germany: 3 years (Source: ) Greece: 5 years (Source: National law) Hungary: 5 years Iceland: 2 years (Source: ) Ireland: 6 years Italy: 2 years (Source: Italian Civil Code has rendered applicable in Italy the 2 years prescription of actions under Montreal 1999 also for claims arising from EC261) Latvia: 2 years. Note also that the court will reject a claim if the carrier was not contacted within 6 months after the flight (Source:  and ) Lithuania: 3 years (Source: ) + confirmed by the courts (e.g. case 2-77-494 / 2013, Vilnius District Court) Luxemburg: 10 years (Source: ) Malta: 2 years Norway: 3 years (Source: ) Poland: 1 year (Source:  + ) Portugal: 3 years (Source: ) Romania: 6 months for a complaint to the NEB, 3 years for a court action (Source: ) Scotland: 5 years Slovakia: 2 years (Source: ) Slovenia: 2 years (Source: ) Spain: 5 years (Source:  that reduces from 15 years to 5 years such period for the exercise of personal actions that did not have a special term. The calculation of the time limit, applies the fifth Transitional Provision of the Law 42/2015, in reference to article 1939 of the Spanish Civil Code.) Switzerland: 2 years for a complaint to the NEB. You cannot undertake small court procedures (Source: ) Sweden: 10 years (Source: ) The Netherlands: 2 years (Source: ) United Kingdom (England, Wales, Northern Ireland but NOT Scotland): 6 years

As you can see, there is no harmonization at the European level: each country has their own legislation on the matter.

For instance, in France, you can claim up to 5 years after the flight – but only 3 years in Germany and 3 in Italy. But you can still claim up to 6 years after the flight disruption in the United Kingdom.

However, keep in mind that to this day, no passengers on a flight disrupted over 6 years before got compensated. Even though it is possible, in theory.

In-Which-Country-Should-You-Claim-Compensation_How Do I Know Which Country To Bring My Claim To?

If you let ClaimCompass do all the work for you, then you don’t need to worry about that. Our legal experts will get in touch with the airline and the appropriate legal body.

Now, if you decide to take the matter in your own hands, I suggest you first read  or this one on . They’re packed with everything you need to know about flight disruptions and how to claim compensation.

Should you need to escalate your claim to a legal body such as a National Enforcement Body (NEB) or an Alternative Resolution Dispute (ADR) scheme, know that you can bring the case to the country of the departure airport or the arrival airport.

Whenever you have a choice, contact the legal body of the country where the legislation is most favorable to you: for example, in the case of a flight between the UK and Germany, contact the British NEB, since their statute of limitation is 6 years, versus 3 for Germany.

What-If-My-Flight-Wasn-t-In-Europe_Can I Claim Compensation if My Flight Wasn’t in Europe?

When the  isn’t applicable, can you still get money for your delayed, cancelled, or overbooked flight?

For international flights, the  acts as reference for your passenger rights – and it sets a time limit of 2 years to claim:

“The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped” – Article 35, Montreal Convention

When the  isn’t applicable, you can still hope to be compensated under the Montreal Convention. Do not, however, that the time limit is shorter than in most European countries.

Plus, keep in mind that with the Montreal Convention, you are “only” eligible to compensation for damages incurred by the flight disruption. “Just” being delayed isn’t enough for you to get any money from the airline.

Whenever you have the choice, .

Thomas Busson

Thomas is the SEO and Content Strategist at ClaimCompass. Frequent traveller, he loves sharing tips and news about the industry in a simple way.

Source: AsempaNews
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