Airline refused or ignored your compensation claim: what to do next
8 weeks of silence on an ignored claim, or the airline’s final response rejecting it, is when a UK compensation complaint can move to alternative dispute resolution (ADR).
UK compensation complaint can move to Updated Sources checked 17 min read
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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.
Canada gives the carrier 
US airline must answer a complaint in writing within 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) |
EU airline; or arrives in the 
AviationADR or 
CEDR if your airline belongs, otherwise the 
Civil Aviation Authority’s (CAA) Passenger Advice and Complaints Team (PACT)
Canadian Transportation Agency (CTA)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), 7, 8, 9 — legislation.gov.uk, eur-lex.europa.eu, checked 2026-09-15.
- Put the complaint in writing, even if you called first, and keep a copy with the date you sent it.
- 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 UK261, quote the article 7 amount for your distance band, from £220 up to £520, and for EU261 the equivalent, from €250 to €600.
- Answer the airline’s reason: if it blamed extraordinary circumstances, claim the rest in the same letter, because 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.
- Mark the escalation date: 8 weeks after your complaint for UK261, or sooner once the airline sends its final response, and 30 days for APPR.
- On that date, take your dated complaint and any reply to the body for your regime in the table above.
The CAA’s Passenger Advice and Complaints Team, the Canadian Transportation Agency and DOT all expect that written step before they act. The CTA takes a complaint only once a written request has gone unresolved for 30 days.
A claim rejected in writing and a claim ignored lead to the same next step. In the UK, the airline’s final response also starts the 12-month ADR filing window covered in the UK section below.
#How do you test the reason an airline gave for refusing?
2 routes lead to extraordinary circumstances under UK261 article 2(o): an event not inherent in the airline’s normal activity, beyond its actual control and unavoidable despite all reasonable measures, or an air traffic management decision that all reasonable measures could not have avoided. The CAA expects the airline to “clearly set out why”.
Source: UK261 arts. 2(n), 2(o), 5(1)(c), 5(4), 6(3) — legislation.gov.uk, checked 2026-09-15; CAA, Am I entitled to compensation? - caa.co.uk; European Commission, Interpretative Guidelines C/2024/5687, §5.1 — eur-lex.europa.eu, checked 2026-10-12.
European Commission, Interpretative Guidelines C/2024/5687, §5.1 — Common refusal reasons, and what to check
The airline says | What the rule requires | What to ask for or send |
|---|---|---|
Extraordinary circumstances | An event outside the airline’s normal activity and actual control that all reasonable measures could not avoid, or an unavoidable air traffic management decision. The CAA lists weather incompatible with safe operation and strikes unrelated to the airline, such as air traffic control, as likely examples Show the full rule | Ask the airline to name the event and set out why it could not be avoided; claim meals, hotel, re-routing or refund regardless |
Crew illness or a strike by its own pilots | Under EU261, the Court of Justice holds that neither is extraordinary: the unexpected absence, through illness, of a crew member essential to the flight shortly before departure (C-156/22), and a lawful strike by the airline’s own pilots (C-28/20). Both rulings are persuasive only in UK courts Show the full rule | Quote the ruling and ask what else caused the disruption |
Arrived less than 3 hours late | Compensation needs arrival at the final destination 3 hours or more late, and arrival is the time passengers may leave the aircraft (UK261 art. 2(n)) | Check your arrival against that definition, not the landing time |
Cancellation notified in time | No compensation with at least 2 weeks' notice. With 2 weeks to 7 days' notice, none is due only if the re-routing offered left no more than 2 hours early and arrived less than 4 hours late; with under 7 days, the limits are 1 hour early and less than 2 hours late. The airline must prove whether and when it told you Show the full rule | Ask for the date and a copy of the notice it relies on |
Flight not covered | UK261 covers departures from the UK, arrivals in the UK on a UK or EU airline, and arrivals in the EU on a UK airline |
A refusal letter that names no event, or no reason at all, gives you nothing to rebut. Ask for one in writing before the escalation date.
For EU261, the Commission’s 2024 guidelines say an airline that relies on logbook extracts or incident reports should include that proof in its reply, free of charge. That is the Commission’s view, not binding law. The CAA typically does not comment on whether an individual event meets the threshold, except in limited situations such as system-wide disruption.
The full tests sit on UK261 extraordinary circumstances and EU261 extraordinary circumstances. Quote the airline’s own reason back to it, name the rule from the table and ask for its proof in the same letter.
Decode the airline’s refusal
Pick the reason the airline gave. Each opens what the rule says, what to ask in writing, what to ask the airline to show you and where to go next, for UK261 and EU261 claims. It helps you check the reason; it cannot tell you the outcome. Nothing you open here is sent or stored.
Letter says only “operational reasons” or “circumstances beyond our control”? Ask in writing for the specific event first: an airline relying on extraordinary circumstances has to prove them (EU261 art. 5(3)).
“Bad weather”
What the rule says
Weather can excuse the airline when it was “incompatible with the operation of the flight” (recital 14) and all reasonable measures could not have avoided the delay; under EU261 the CJEU asks whether it stopped your flight operating safely and on schedule (C-108/26, 2026, provisional text). If weather caused only part of an arrival delay of 3 hours or more, that part is deducted before the 3-hour test (Pešková, C-315/15).
Ask the airline in writing
- Which weather event, at which airport and at what time, affected my flight?
- Did it affect my aircraft directly, or an earlier flight by the same aircraft? If earlier, which flight, and how did that delay mine?
- How many minutes of my arrival delay did the weather cause, and what caused the rest?
- What did you do to avoid or shorten the delay, including re-routing on another airline?
Evidence to ask for or keep
- The records the airline relies on, such as logbook extracts or incident reports. The European Commission’s 2024 guidelines say an airline citing them should include them in its reply, free of charge (the Commission’s view, not binding law).
- Your booking, boarding pass and the time the aircraft door opened at your destination.
- Receipts for meals, a hotel and transport: once your wait qualifies for care, it is owed even if the weather excuse holds.
Next step
Send the questions with your claim. Cancelled for weather? See flight cancelled due to weather. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
“Air traffic control restrictions” or an ATC strike
What the rule says
On a UK261 flight, an air traffic management decision that all reasonable measures could not have avoided counts as extraordinary whatever caused it (UK261 art. 2(o)(b); Blanche v EasyJet [2019] EWCA Civ 69); under EU261 the CJEU now examines the event behind the decision, case by case (C-108/26, 2026, provisional text). A strike by air traffic controllers may be extraordinary because it falls outside the airline’s activity (Airhelp v SAS, C-28/20, paras 42–43), but the airline must still link it to your flight and show reasonable measures.
Ask the airline in writing
- Which air traffic control decision or strike delayed my flight: where, on what date and between what times?
- Was the restriction placed on my aircraft, or on an earlier flight it operated? How did it pass to my flight?
- For an EU261 flight: what event caused that decision?
- Did the authority cancel my flight, or did you choose which flights to cancel? What re-routing did you offer, including on other airlines?
Evidence to ask for or keep
- The air traffic management decision for your aircraft (its slot or restriction message), with times.
- The times your flight actually departed and arrived, and when the doors opened.
- Receipts for meals, a hotel and any replacement transport you paid for.
Next step
Ask in writing before you escalate. French controllers’ strike: see French air traffic control strikes; other strikes: the strike compensation guide. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
“A technical fault” or “an unforeseen issue”
What the rule says
A technical problem is part of running an airline and usually does not excuse it, even when maintenance could not have found it (Jet2.com v Huzar [2014] EWCA Civ 791; van der Lans, C-257/14). The narrow exception is a hidden manufacturing defect affecting flight safety, revealed by the manufacturer or a competent authority (Wallentin-Hermann, C-549/07).
Ask the airline in writing
- What exactly failed, on which aircraft, and when was it found?
- Was the fault found during maintenance, or linked to it?
- If you rely on a manufacturing defect, which manufacturer or authority notice identified it for this aircraft type?
- Was the damage caused by something outside the aircraft, such as a bird strike or debris on the runway? If so, what?
Evidence to ask for or keep
- The technical log entry or defect report for your aircraft that day.
- The manufacturer’s or authority’s notice, if the airline claims a hidden defect.
- Your boarding pass and the time the doors opened at your destination.
Next step
If the reply confirms an ordinary technical fault, restate your claim citing Huzar or van der Lans. If it blames outside damage, use “Security, a bird strike or an airport closure”. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
Crew sickness, “crew unavailable” or a strike by its own staff
What the rule says
A crew member falling ill, whenever and however it happens, is not an extraordinary circumstance (Lipton v BA Cityflyer [2024] UKSC 24; TAP Portugal, C-156/22). Nor is a strike by the airline’s own staff (CAA v Ryanair [2022] EWCA Civ 76; Airhelp v SAS, C-28/20).
Ask the airline in writing
- Why exactly was the crew not available: illness, a strike, or duty-hour limits after an earlier delay?
- If there was a strike, whose staff went on strike: yours, or a third party’s such as air traffic control or airport staff?
- If the crew ran out of duty hours, what earlier event caused that?
- What standby crew or replacement did you try?
Evidence to ask for or keep
- The airline’s written statement of the cause: “crew unavailable” on its own names no event.
- Your booking, boarding pass and the time the doors opened at your destination.
Next step
If the answer is illness or the airline’s own staff on strike, reply citing Lipton or CAA v Ryanair and ask for payment. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
Security, a bird strike or an airport closure
What the rule says
Events from outside the airline, such as a security risk (CAA list), a bird strike, debris on the runway or a runway closed by someone else’s spill, can be extraordinary, but the airline must still show it took all reasonable measures (Pešková, C-315/15; Germanwings (Pauels), C-501/17; Moens v Ryanair, C-159/18). After a bird strike, delay caused by the airline’s own expert repeating safety checks an authorised expert had already done does not count (Pešková).
Ask the airline in writing
- What happened, where and when, and did it involve my aircraft or the airport as a whole?
- For a bird strike: who inspected the aircraft, and was there a second inspection by your own expert?
- What did you do yourselves to limit the delay: a replacement aircraft, or re-routing on another airline?
- If the airport closed, who closed it and for how long?
Evidence to ask for or keep
- The incident or inspection report for your aircraft.
- The airport’s or authority’s notice of the closure or security event, with times.
- Receipts for meals, a hotel and transport: the cause does not remove care once your wait qualifies, or the choice of a refund or a replacement flight if your flight was cancelled.
Next step
Ask for the report before you escalate. Stranded by a closure? Claim care now: UK flights · EU flights. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
“Your claim is too late”
What the rule says
EU261 sets no time limit of its own: each country’s limitation rules decide (Cuadrench Moré, C-139/11). In England and Wales the period is 6 years (UK261 art. 3(9); Limitation Act 1980 s.9), and the Montreal Convention’s 2-year limit does not apply to this compensation (Dawson v Thomson Airways [2014] EWCA Civ 845).
Ask the airline in writing
- Which time limit do you rely on, and which law sets it?
- From which date do you count it?
- If it comes from your conditions of carriage, which clause?
Evidence to ask for or keep
- Your booking or boarding pass showing the flight date.
- Copies of your first written claim and every reply, with their dates.
Next step
Check the period for your country on flight compensation time limits; Scotland differs. UK ADR takes incidents from the last 6 years (5 if you live in Scotland); CAA PACT will not take a complaint with less than a year left to go to court. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
“Not our flight”: codeshare or another operating airline
What the rule says
Compensation is owed by the operating air carrier, the airline that actually flew the flight, whichever airline sold you the ticket (EU261 art. 3(5)). The operating airline also decides cover for a flight into the UK or the EU from elsewhere: only a UK or EU airline brings that flight under UK261 or EU261 (UK261 art. 3(1)(b); EU261 art. 3(1)(b)).
Ask the airline in writing
- Which airline operated my flight? Give the company name, not only the brand.
- If you say another airline operated it, which one, so I can send my claim there?
- Was my whole journey one booking under one reference?
Evidence to ask for or keep
- Your booking confirmation or boarding pass showing “operated by”.
- The airline’s written answer naming the operating carrier.
Next step
Send the claim to the operating airline (find it in the airline guides) and check which law covers your flight. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
“The flight wasn’t delayed enough”
What the rule says
Compensation for a delay needs arrival at your final destination 3 hours or more late (Sturgeon, C-402/07; UK261 art. 6(3)), and arrival is when passengers may leave the aircraft, with at least one door open, not touchdown or reaching the gate (UK261 art. 2(n); Germanwings (Henning), C-452/13). On a connecting journey booked as one, the delay is measured at the final destination (Folkerts, C-11/11; UK261 art. 3(1A)).
Ask the airline in writing
- Which arrival time do you rely on: when a door opened, touchdown or reaching the gate?
- Which scheduled arrival time do you compare it with?
- If you deducted time for an extraordinary event, which event and how many minutes?
Evidence to ask for or keep
- Your own timed record of when the door opened: a photo or message with its timestamp.
- The airline’s record of the door-open time at your destination.
- Your booking showing the scheduled arrival, with every leg if you connected.
Next step
See how the 3-hour line is measured on flight delay thresholds, or run the compensation calculator with the door-open time. Still refused? UK flights: an ADR scheme, or CAA PACT if the airline is in none. EU flights: the national enforcement body. Court: UK small claims or European small claims.
Before you escalate
- UK261: wait 8 weeks after your written complaint, or until the airline’s final response. If the airline belongs to AviationADR or CEDR, file within 12 months of that response (which scheme); otherwise the CAA’s PACT can give an opinion but cannot impose a decision.
- EU261: complain to the national enforcement body of the country your flight left from, or of the arrival country for a flight into the EU from outside.
- Extraordinary circumstances excuse only the fixed compensation; the rest stays owed when its own conditions are met. Delay: care once departure is 2, 3 or 4 hours late (by distance); a hotel if you must stay the night; a refund instead of travelling from 5 hours. Cancellation or refused boarding: care, and the choice of a refund or re-routing (UK · EU).
- Canada or the US? CTA complaint · DOT complaint.
A checklist for your letter, not legal advice: whether a refusal holds depends on the facts of your flight.
#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.
easyJet
Ryanair
TUI Airways
Virgin Atlantic
Wizz Air
British Airways
Jet2 and 
Loganair sit on neither list, so 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.
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.
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 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.
- StartClaim from the airlineUse its claim form or write to it, and keep a dated copy: every next step expects it.Source: CAA
- 8 weeksWait for the answerNo reply after 8 weeks, or a final response that says no, and you can escalate.Source: CAA
- Within 12 monthsADR or CAA PACTFree ADR with AviationADR or CEDR if the airline belongs, filed within 12 months of its final response. Airline in no scheme: the CAA’s PACT, which cannot impose a decision and will not take a case with less than a year left to go to court.Source: CAA: ADR · CAA: PACT · See: ADR schemes guide
- 6 yearsCourt time limit6 years in England and Wales, 6 years in Northern Ireland. Scotland is not settled: its 5-year prescription rule has not been tested on a UK261 claim.Source: Limitation Act 1980 s.9 · NI Order 1989 art. 4 · Scotland: 1973 Act s.6 · See: Small claims guide
#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.
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 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.
Irish Aviation Authority (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.
Ireland shows the whole route. The 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.
- StartClaim from the operating airlineThe airline that operated the flight owes the compensation. Keep a dated copy of your claim.Source: EU261 art. 3(5)
- If refused or ignoredNational enforcement bodyComplain to the enforcement body of the country you departed from, or of the arrival country for a flight into the EU from outside.Source: EU261 art. 16 · See: List of bodies
- National lawCourt time limitEU261 sets no deadline of its own: the court’s country decides, so the time limit differs by country.Source: CJEU Cuadrench Moré (C-139/11, 2012) · See: Time limits guide
#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) — laws-lois.justice.gc.ca; 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.
Air Canada customers may meet a second route. 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.
- Within 1 yearClaim from the carrierSend the request before the first anniversary of the delay or cancellation.Source: APPR s.19(3)
- 30 daysThe carrier answersIt must pay, or explain why not, within 30 days of receiving your request.Source: APPR s.19(4)
- After 30 daysComplaint to the CTAWritten request still unresolved after 30 days? File a complaint with the Canadian Transportation Agency.Source: CTA Act s.85.04 · CTA complaint form · See: CTA complaint guide
#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, under 14 CFR 259.7(c). 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.
- 7 or 20 daysRefund dueFlight cancelled or significantly changed and you turn down the alternative: the refund is due within 7 business days to a credit card, 20 calendar days for other payment.Source: 14 CFR 260.2 · 260.6
- 30 and 60 daysComplain to the airlineIt must acknowledge your complaint within 30 days and answer in writing within 60 days.Source: 14 CFR 259.7
- NextComplaint to DOTDOT sends your complaint to the airline for a reply, copied to DOT. It does not investigate every complaint.Source: US DOT · See: DOT complaint guide
#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 |
AirHelp)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. Our reviews of AirHelp, Skycop, Flightright and Bott & Co set out each service’s fees, regulation and cancellation terms against the free route.
Skycop
FlightrightEach 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.
- UK flight: the airline's ADR scheme, or the CAA's PACT if it has none
- EU flight: the enforcement body of the country you left
- You keep all of the compensation
Hand it overAirHelp takes the claim, no win no fee- 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, the CAA and ADR schemes
- 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.
- UK261, arts. 2, 5, 6 and 7 — legislation.gov.uk, checked 2026-09-15.
- Civil Aviation Authority, Am I entitled to compensation? - caa.co.uk, checked 2026-10-12.
- Civil Aviation Authority, Guidance on consumer law for airlines and airports — caa.co.uk, checked 2026-10-12.
#UK courts and limitation
- 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.
- Scottish Courts and Tribunals Service, Sheriff Court fees — 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
- Regulation (EC) No 261/2004, arts 3, 5, 7, 8, 9 and 16 — eur-lex.europa.eu, checked 2026-09-15.
- European Commission, Interpretative Guidelines on Regulation (EC) No 261/2004, C/2024/5687 — eur-lex.europa.eu, checked 2026-10-12.
- TAP Portugal, Joined Cases C-156/22 to C-158/22 (2023), CJEU — eur-lex.europa.eu.
- Airhelp v SAS, case C-28/20 (2021), CJEU — eur-lex.europa.eu.
- European Commission, National Enforcement Bodies — Regulation (EC) No 261/2004 (updated 27 August 2026) — transport.ec.europa.eu, checked 2026-09-15.
TAP 
Portugal, Joined Cases C-156/22 to C-158/22 (2023), CJEU — 
SAS, case C-28/20 (2021), CJEU — #Ireland
- 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.