Airline refused or ignored your compensation claim: what to do next
8 weeks without a reply, or a final written rejection, is when a UK compensation complaint can move to alternative dispute resolution (ADR). A final written rejection is known as a deadlock letter.
Airline refused compensation? What next depends on which law covers your flight, because each regime runs its own clock and sends you to its own complaint body. Canada gives the carrier 30 days to answer a claim, and a US airline must answer a complaint in writing within 60 days.
First free escalation route, by regime
Regime | Which flights | First free escalation step | Guide |
|---|---|---|---|
UK261 (UK law) | Departs the UK; arrives in the UK on a UK or EU airline; or arrives in the EU on a UK airline | AviationADR or CEDR if your airline belongs, otherwise the Civil Aviation Authority's (CAA) Passenger Advice and Complaints Team (PACT) | |
EU261 (EU law) | Departs an EU airport; or arrives in the EU on an EU airline | The National Enforcement Body of the departure country (the arrival country for a flight into the EU from outside) | see the EU section below |
Air Passenger Protection Regulations (Canada) | To, from or within Canada | A complaint to the Canadian Transportation Agency (CTA) | |
US federal rules | Any US domestic or international itinerary (a service complaint, not delay compensation) | A complaint to the US Department of Transportation (DOT) |
Source: UK261 art. 3(1) — legislation.gov.uk; Regulation (EC) No 261/2004, art. 3(1) and art. 16(1) — eur-lex.europa.eu; Canada Transportation Act, s.85.04 — laws-lois.justice.gc.ca; DOT, File a Consumer Complaint — transportation.gov, checked 2026-09-15.
Each row names a scheme or a regulator, not a court. A court claim or a claim company comes in when that route does not settle the claim. One passenger put the UK version plainly on FlyerTalk in September 2024: “if you think BA has treated you unfairly ... then after 8 weeks you can go to CEDR.”
#What should you do in the first 8 weeks after a refusal or silence?
8 weeks is the UK wait: write to the airline first, and escalate to ADR only after 8 weeks of silence or its final response. Canada’s carrier has 30 days to pay or explain. A US airline must acknowledge a complaint within 30 days and answer in writing within 60.
Source: Civil Aviation Authority, ADR page — caa.co.uk; Air Passenger Protection Regulations, s.19(4), and Canada Transportation Act, s.85.01(2) — laws-lois.justice.gc.ca; 14 CFR 259.7(c) — ecfr.gov; UK261 and EU261 arts. 5(3), 8, 9 — legislation.gov.uk, eur-lex.europa.eu, checked 2026-09-15.
Put the complaint in writing, even if you called first. Name the rule: UK261, EU261, the Air Passenger Protection Regulations (APPR), or, for a US service failure, the airline’s own customer service plan. For a UK261 claim, quote the article 7 amount for your distance band, from £220 up to £520; for EU261, the equivalent runs from €250 to €600. Keep a copy, with the date you sent it.
If the airline has already blamed extraordinary circumstances, claim the rest in the same letter: article 5(3) lifts the article 7 payment alone, and the meals, hotel, re-routing and refund owed under articles 8 and 9 survive a refusal that stands.
The UK, Canadian and US bodies all expect that written step first. The CAA’s Passenger Advice and Complaints Team looks at a case only after a written complaint to the airline, and the Canadian Transportation Agency takes a complaint only once a written request has gone unresolved for 30 days. DOT, too, tells you to contact the airline before you file.
A claim rejected in writing and a claim ignored lead to the same next step. In the UK, a deadlock letter lets you move on without waiting out the 8 weeks, and it also starts the ADR filing window covered in the UK section below.
Send the written complaint today, then put the escalation date in your calendar: 8 weeks later for UK261, 30 days for APPR.
#Which UK route applies: ADR, CAA PACT or court?
2 CAA-approved ADR bodies take UK261 complaints: AviationADR, which lists easyJet, Ryanair, TUI Airways, Virgin Atlantic and Wizz Air, and CEDR, which lists British Airways. Jet2 and Loganair sit on neither list, so CAA PACT, then court, is the route for those two airlines.
Source: Civil Aviation Authority, ADR page — caa.co.uk; AviationADR, Airline and Airport Members — aviationadr.org.uk; CEDR, Aviation — cedr-assist.com, checked 2026-09-15.
Submit to the scheme within 12 months of the airline’s final response, or of its last written communication. ADR takes incidents from the last 6 years, or 5 if you live in Scotland. It is free and in most cases decides within 3 months. The decision binds the airline if you accept it, and you can still go to court.
For an airline outside both schemes, PACT advises whether your complaint looks valid and, if it does, takes it up with the airline. The CAA sets out the limit itself: “we do not have the legal powers to impose a solution on an airline”. PACT’s opinion carries no appeal, and PACT will not handle a complaint with less than a year left to take legal action.
In England and Wales, two rulings shape what a claim company can do. In Dore & Anor v EasyJet Airline Company Ltd [2022] EWCA Civ 1553, the Court of Appeal held that passengers who used easyJet’s online portal had made a claim, and that a claims company may submit it through the portal in the passenger’s name. Barring that could be a material obstacle contrary to article 15.
In Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8, the UK Supreme Court held by 3-2 that a solicitor has an equitable lien over flight-delay compensation it claims for a client, so an airline on notice that pays the passenger directly can be ordered to pay the solicitor’s fees. Both bind lower courts in England and Wales.
Both scheme lists name brands, not the company on your ticket. Check your airline on the ADR map on the day you file, then follow the UK airline ADR schemes walkthrough.
#Where do you escalate a refused EU261 claim?
27 EU member states each designate a National Enforcement Body (NEB) under EU261 article 16, named on the Commission’s list updated 27 August 2026. Iceland and Norway apply the Regulation through the EEA Agreement, and Switzerland applies equivalent provisions. Complain to the departure country’s body, or the arrival country’s for a flight from outside the EU.
Source: Regulation (EC) No 261/2004, art. 16(1)-(2) — eur-lex.europa.eu; European Commission, National Enforcement Bodies list (updated 27 August 2026) — transport.ec.europa.eu, checked 2026-09-15.
Article 16(2) also lets you complain to any designated body about an incident at an EU airport, or on a flight from a third country to one. In practice, the Irish Aviation Authority (IAA) sends passengers to the body of the state the disrupted flight was due to depart from.
Ireland shows the whole route. The IAA became the NEB on 1 May 2023, when the Commission for Aviation Regulation was dissolved and its functions passed to the IAA under the Air Navigation and Transport Act 2022. Complaints go through its MySRS portal.
Once an airline refuses, the IAA lists three options: the Small Claims procedure in the District Court, the European Small Claims Procedure, or a complaint to the competent NEB. The Courts Service limits Small Claims to claims of €2,000 or less.
Court is the other route. EU261 sets no time limit to sue, so each country’s own limitation rules apply; in Ireland, that means 6 years under the Statute of Limitations 1957. European Consumer Centre (ECC) Ireland gives free advice to consumers in Ireland with a problem with a business in another EU state, Iceland, Norway or the UK, travel included.
Source: Irish Aviation Authority, Air Passenger Rights and APR FAQs — iaa.ie; Statute of Limitations 1957, s.11(1) — revisedacts.lawreform.ie; Courts Service, Small Claims — courts.ie, checked 2026-09-15.
Find the body the Commission list names for your departure country, or for your arrival country if the flight came from outside the EU, and send it the airline’s written refusal.
#How do you escalate a refused APPR claim in Canada?
30 days is how long a written APPR request must go unresolved before the Canadian Transportation Agency takes a complaint. A complaint resolution officer then starts mediation no later than the 30th day after filing. With no agreement, the officer makes an order no later than the 60th day after mediation started, enforceable once filed as an Agency order.
Source: Canada Transportation Act, s.85.04(1)(d), s.85.05, s.85.06, s.85.07(2)-(3); Air Passenger Protection Regulations, s.19 — laws-lois.justice.gc.ca, checked 2026-09-15.
The request has its own deadline. It must reach the carrier before the first anniversary of the day the delay or cancellation occurred, and the carrier then has 30 days to pay or explain why nothing is payable.
Section 19 compensation runs from C$125 to C$1,000, depending on carrier size and arrival delay. It is owed only for a disruption within the carrier’s control and not required for safety, where you were told 14 days or less before departure. In a CTA complaint, the disruption is presumed within the carrier’s control and not required for safety unless the carrier proves the contrary.
Unlike CAA PACT or the DOT, the CTA process can end in an order, enforceable as an Agency order. File through the CTA complaint process once the carrier’s 30 days have passed.
Air Canada customers may meet a second route. Canada Aviation Dispute Resolution (CADR), an independent ADR firm and subsidiary of The CDRL Group, runs a voluntary, carrier-initiated pilot for Air Canada, announced 8 April 2026. Only passengers who already hold a CTA claim and are invited by the airline can transfer. CADR says the CTA allows the transfer where both the airline and the passenger consent.
CADR issues a decision within 90 days of a complete file, at no cost to the passenger. That decision binds Air Canada, but not you unless you accept it.
Attach your written request to the carrier, and its reply, to the CTA complaint.
#What can DOT do if a US airline refuses?
30 days is the deadline for an airline to acknowledge a DOT complaint, and 60 days for its written response. The US Department of Transportation directs the airline to respond to you, with a copy to DOT, but does not investigate every service complaint. Contact the airline first, then file online or by mail.
Source: US Department of Transportation, File a Consumer Complaint — transportation.gov; 14 CFR 259.7(c) — ecfr.gov, checked 2026-09-15.
File through the DOT complaint form, or write to the Office of Aviation Consumer Protection, U.S. Department of Transportation, 1200 New Jersey Ave SE, Washington DC 20590.
A complaint cannot turn a domestic delay into cash. For domestic itineraries, airlines are not required to compensate passengers whose flights are delayed or canceled. DOT does hold airlines to their own plans: airlines “are required to adhere to the promises that they make in their customer service plan”, including care commitments for controllable delays or cancellations.
A refund is the stronger lever. You are owed a full refund when a flight is canceled or significantly delayed or changed, for example arriving 3 hours or more late on a domestic itinerary or 6 hours or more on an international one, and the airline offers no alternative, you reject it, or you do not respond and do not travel. A prompt refund means 7 business days for credit card purchases and 20 calendar days for cash, check, debit card or other payment methods.
Bumping is the exception on compensation. On a domestic flight, an involuntarily bumped passenger whose alternate transport arrives 2 hours or more late is owed 400% of the one-way fare, up to $2,150.
Source: DOT, Fly Rights — transportation.gov; 14 CFR 260.2, 260.6 and 250.5 — ecfr.gov, checked 2026-09-15.
On an international itinerary, claim expenses caused by a delayed or canceled flight directly from the airline, under Article 19 of the Montreal Convention.
#Should you use ADR, small claims or a claim company?
6 years is the limitation period for a UK261 claim in England and Wales, and Northern Ireland also allows 6 years. ADR is free but needs your airline to belong to a scheme. Small claims costs a court fee and produces a judgment. A claim company runs the claim for you and charges for it.
Source: Limitation Act 1980, s.9(1) — legislation.gov.uk; Limitation (Northern Ireland) Order 1989 — legislation.gov.uk; Civil Aviation Authority, ADR page — caa.co.uk, checked 2026-09-15.
ADR, small claims or a claim company, compared
Route | Cost to you | What you get | Fits when |
|---|---|---|---|
ADR (AviationADR / CEDR) | Free | A decision binding the airline if you accept | Your airline belongs to a scheme |
Small claims court / Simple Procedure | Court issue fee (England and Wales: £35 for a claim up to £300) | A judgment | No scheme applies, or a decision goes unpaid |
Claim company (for example AirHelp) | Fee kept from any payout | The claim run on your behalf | You would rather not chase it yourself |
Source: Civil Aviation Authority, ADR page — caa.co.uk; Make a court claim for money: court fees — gov.uk, checked 2026-09-15.
The table compares routes for a UK261 or EU261 claim, and the court limits below are UK figures. Five claim companies' published fees sit side by side in claim companies compared.
Each UK nation caps its simpler court track. In England and Wales, the small claims track covers claims of not more than £10,000, and Money Claim Online is the online way in. Scotland’s Simple Procedure covers claims of £5,000 or less. Northern Ireland’s small claims limit is £5,000.
Scotland is the open point on time. The Prescription and Limitation (Scotland) Act 1973 sets 5 years, but no Scottish court has yet decided whether that rule or the 6-year period governs a UK261 claim. File inside 5 years.
Source: CPR r.26.9 — justice.gov.uk; Scottish Courts and Tribunals Service, Simple Procedure — scotcourts.gov.uk; nidirect, Small claims — nidirect.gov.uk; Prescription and Limitation (Scotland) Act 1973, s.6 — legislation.gov.uk, checked 2026-09-15.
Send the airline a Letter Before Action, giving it a final chance to pay, before you issue a claim. The small claims court guide lists fees by claim value, and flight compensation time limits sets out every regime’s deadline side by side.
- Write to the airline and keep the reference
- Refused: the regulator for your route, free
- You keep all of the compensation
- They deal with the airline for you
- AirHelp's fee is 35% of the compensation, VAT included, and nothing if the claim fails.
#What if the airline accepts your claim but never pays?
20 working days after your acceptance is how long CEDR gives the airline to comply with its decision, which on a compensation award means paying it, unless the decision states otherwise. For an AviationADR decision, check the decision document for the payment date. An accepted decision binds the airline, and the CAA says you can still go to court.
Source: CEDR, Aviation — cedr-assist.com; Civil Aviation Authority, ADR page — caa.co.uk, checked 2026-09-15.
Write down the date you accepted, the case number and the sum awarded, and keep the decision itself. Send that record to the airline the day after the deadline passes, and copy the scheme in.
If the money still does not arrive, court is the next step. A refused ticket refund, as distinct from compensation, has a second route through your card issuer: section 75 and chargeback. The small claims court guide covers filing in England and Wales and Scotland’s Simple Procedure, where the claim form costs £23 for a sum of £300 or less and £127 above that. The 6-year period in England and Wales and Northern Ireland still applies, and in Scotland the safe line stays at 5 years.
Outside the UK, the position differs by regime. A CTA order is enforceable as an Agency order. A DOT complaint only produces the airline’s reply, although DOT holds airlines to the promises in their customer service plans.
Compare your wait with the payout-times data page, which shows how long airlines take to pay, airline by airline, then send your follow-up.
General information, not legal advice. For your specific case, contact the Civil Aviation Authority, the European Consumer Centre, the Canadian Transportation Agency, the US Department of Transportation, or a solicitor.
#Sources
#UK261 and UK courts
- Civil Aviation Authority, Alternative Dispute Resolution for air passengers - caa.co.uk, checked 2026-09-15.
- Civil Aviation Authority, How the CAA can help - caa.co.uk, checked 2026-09-15.
- AviationADR, Lists of Airline and Airport Members - aviationadr.org.uk, checked 2026-09-15.
- CEDR, Aviation - cedr-assist.com, checked 2026-09-15.
- UK261, art. 3 - legislation.gov.uk, checked 2026-09-15.
- Limitation Act 1980, s.9 - legislation.gov.uk, checked 2026-09-15.
- Limitation (Northern Ireland) Order 1989, art. 4 - legislation.gov.uk, checked 2026-09-15.
- Prescription and Limitation (Scotland) Act 1973, s.6 - legislation.gov.uk, checked 2026-09-15.
- Civil Procedure Rules, Part 26 - justice.gov.uk, checked 2026-09-15.
- Make a court claim for money: court fees - gov.uk, checked 2026-09-15.
- Scottish Courts and Tribunals Service, Guide to Simple Procedure - scotcourts.gov.uk, checked 2026-09-15.
- nidirect, Small claims process - nidirect.gov.uk, checked 2026-09-15.
- Dore & Anor v EasyJet Airline Company Ltd [2022] EWCA Civ 1553 - caselaw.nationalarchives.gov.uk, checked 2026-09-15.
- Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8 - caselaw.nationalarchives.gov.uk, checked 2026-09-15.
#EU261 and Ireland
- Regulation (EC) No 261/2004, arts 3 and 16 - eur-lex.europa.eu, checked 2026-09-15.
- European Commission, National Enforcement Bodies — Regulation (EC) No 261/2004 (updated 27 August 2026) - transport.ec.europa.eu, checked 2026-09-15.
- Irish Aviation Authority, Air Passenger Rights - iaa.ie, checked 2026-09-15.
- Irish Aviation Authority, Air Passenger Rights FAQs - iaa.ie, checked 2026-09-15.
- Air Navigation and Transport Act 2022, s.109 - irishstatutebook.ie, checked 2026-09-15.
- Statute of Limitations 1957, s.11 - revisedacts.lawreform.ie, checked 2026-09-15.
- Courts Service of Ireland, Small Claims - courts.ie, checked 2026-09-15.
- European Consumer Centre Ireland, Who we are - eccireland.ie, checked 2026-09-15.
#Canada APPR
- Canada Transportation Act, ss. 85.01, 85.04-85.07 - laws-lois.justice.gc.ca, checked 2026-09-15.
- Air Passenger Protection Regulations, SOR/2019-150 - laws-lois.justice.gc.ca, checked 2026-09-15.
- Air Canada, media statement on the CADR pilot - aircanada.com, checked 2026-09-15.
- CADR, service rules - cadr.ca, checked 2026-09-15.
#US federal rules
- US Department of Transportation, File a Consumer Complaint - transportation.gov, checked 2026-09-15.
- US Department of Transportation, Fly Rights - transportation.gov, checked 2026-09-15.
- US Department of Transportation, Airline Cancellation and Delay Dashboard - transportation.gov, checked 2026-09-15.
- 14 CFR 259.7 - ecfr.gov, checked 2026-09-15.
- 14 CFR 260.2 - ecfr.gov, checked 2026-09-15.
- 14 CFR 260.6 - ecfr.gov, checked 2026-09-15.
- 14 CFR 250.5 - ecfr.gov, checked 2026-09-15.