Time limit to claim flight compensation, by country and regime

Checked 15 Sep 2026·14 min read

How long you have to claim is the question on this page. How long a delay must last before it counts sits at flight delay threshold rules, and how long airlines take to pay sits at airline compensation payout times. The flight delay compensation time limit depends on two things: which law covers the flight, and which country’s courts would hear your claim. England and Wales allow 6 years. Canada’s APPR gives you 1 year to ask the carrier, ending before the first anniversary of the disruption.

Time limits to claim, by place and law

Source: UK261 art. 3(9); Limitation Act 1980 s.9; Limitation (Northern Ireland) Order 1989 art. 4; Prescription and Limitation (Scotland) Act 1973 s.6 — legislation.gov.uk; Statute of Limitations 1957 s.11 — revisedacts.lawreform.ie; Cuadrench Moré, C-139/11; Montreal Convention arts. 31, 35 — eur-lex.europa.eu; APPR s.19(3) — laws-lois.justice.gc.ca; CAA ADR page — caa.co.uk; 14 CFR 260.2 — ecfr.gov, checked 2026-09-15.

The shortest clocks here are not the court periods: a damaged bag needs a written complaint within 7 days.

#How long do you have to claim in England and Wales?

6 years is the time limit for a UK261 compensation claim in England and Wales, counted from when the cause of action accrued. Article 3(9) of UK261, inserted by SI 2023/1370 from 14 December 2023, says a claim “will be determined in accordance with section 9 of the Limitation Act 1980”.

Source: UK261 art. 3(9) (inserted by SI 2023/1370) — legislation.gov.uk; Limitation Act 1980 ss.5 and 9(1) — legislation.gov.uk, checked 2026-09-15.

Section 9 covers an action to recover a sum recoverable by virtue of an enactment: such an action cannot be brought more than 6 years after the cause of action accrued. Section 5 sets the same 6 years for a simple contract. The 3-year figure that some claim pages still give for UK flights has no basis in these statutes.

Before 2023, the courts supplied the answer. In Dawson v Thomson Airways Ltd [2014] EWCA Civ 845, the Court of Appeal held that a claim for delay compensation under Regulation 261/2004 falls outside the Montreal Convention, so its 2-year time bar does not apply and section 9 governs. The decision binds lower courts in England and Wales.

How far back you can claim is a legal limit; how long an old claim takes is not. In one passenger report on the MoneySavingExpert forum (August 2026), about Qatar Airways, the poster gumph wrote: “THE DELAYED FLIGHT WAS OVER 2 YEARS AGO QA has ghosted me throughout.” They say they had to take the airline to court.

A UK261 claim of up to £520 per passenger, owed unless the airline proves extraordinary circumstances, sits well inside the small claims track, the normal track for claims worth not more than £10,000 (see the UK261 small claims court guide). The small claims deadline is the same 6 years: the track changes the procedure, not the limitation period. Write the date 6 years after your flight into your calendar, and issue the claim well before it if the airline has not paid.

#What is the time limit in Scotland and Northern Ireland?

5 years under the Prescription and Limitation (Scotland) Act 1973 is the period to plan around in Scotland. Northern Ireland’s statute gives 6 years. Scotland is the open point: UK261’s own limitation rule, article 3(9), points to section 9 of the Limitation Act 1980, which extends only to England and Wales.

Source: Prescription and Limitation (Scotland) Act 1973 s.6; Limitation (Northern Ireland) Order 1989 art. 4; UK261 art. 3(9) — legislation.gov.uk, checked 2026-09-15.

Section 6 of the 1973 Act extinguishes an obligation listed in its Schedule 1 once 5 continuous years pass with no relevant claim made and no acknowledgment of it.

The tension sits inside the legislation. SI 2023/1370 inserted article 3(9) for the whole UK, yet the section it points to extends only to England and Wales. No Scottish court has yet decided whether the 1973 Act or article 3(9) governs a UK261 claim. The CAA’s ADR conditions already use the shorter figure for people who live in Scotland.

Northern Ireland reaches 6 years by either route. Article 4 of the Limitation (Northern Ireland) Order 1989 gives 6 years for actions founded on simple contract and for sums recoverable by virtue of a statutory provision, and article 3(9) would lead to the same 6 years through the 1980 Act. No Northern Ireland judgment says which route applies.

Scotland’s Simple Procedure covers claims of £5,000 or less, and Northern Ireland’s small claims limit has been £5,000 since 3 October 2022. The Consumer Council for Northern Ireland may also help residents, and the George Best Belfast City Airport guide lists the Northern Irish small claims fees.

If your claim could end up in a Scottish court, file inside 5 years of the flight rather than test the 6-year argument.

#EU261 €How long do you have to claim EU261 compensation?

Regulation (EC) No 261/2004 sets no deadline of its own. In Cuadrench Moré (C-139/11, 2012), the CJEU held that each Member State’s rules on the limitation of actions decide. Ireland’s Statute of Limitations 1957 gives 6 years; in any other EU country, the national limitation periods of that country apply.

Source: Cuadrench Moré, C-139/11 (2012), operative part — eur-lex.europa.eu; Statute of Limitations 1957 s.11(1) — revisedacts.lawreform.ie, checked 2026-09-15.

Ireland is the one EU country with a period stated here. Section 11 of the Statute of Limitations 1957 gives 6 years from accrual. The Irish Aviation Authority is the national enforcement body, and the Irish Small Claims procedure takes claims of €2,000 or less (see the EU261 Ireland guide). A complaint to the IAA is not court proceedings.

Other Member States' periods are not tabled here, because each has to be read in that country’s own statute; Finland, for one, has two competing periods and no ruling between them. Under article 16, the national enforcement body of the country your flight departed from handles a complaint; for a flight into the EU from outside, the arrival country’s body does. The European Commission’s list of those bodies was updated on 27 August 2026.

A revision of Regulation 261/2004 has been adopted but not yet published in the Official Journal, so it is not in force and changes no limitation period today.

Czechia shows why the start date matters as much as the number: three years from when you knew, under a ten-year long-stop. Before you rely on any figure for an EU261 claim, confirm which country’s courts would hear the claim and check the period in that country’s statute of limitations.

#APPR C$What is the deadline for an APPR claim in Canada?

1 year is the APPR window: you file your compensation request with the carrier before the first anniversary of the day the delay or cancellation occurred. The carrier then has 30 days from receiving the request to pay or to explain why compensation is not payable, under section 19(4) of the Regulations.

Source: Air Passenger Protection Regulations (SOR/2019-150) s.19(3)-(4) — laws-lois.justice.gc.ca; Canada Transportation Act s.85.01(2) — laws-lois.justice.gc.ca, checked 2026-09-15.

A flight delayed on 10 March 2026 reaches its first anniversary on 10 March 2027, so the request has to be filed by 9 March 2027 at the latest. Section 85.01(2) of the Canada Transportation Act repeats the 30 days for a decision on any written claim.

The APPR one-year window is the claim deadline for the first step, the request to the carrier. A complaint to the Canadian Transportation Agency comes after it, and the CTA’s complaints page repeats the rule: delay or cancellation claims go to the airline within 1 year. A “claim flights up to 3 years old” promise does not survive section 19(3) for a Canadian claim: an APPR request filed after the first anniversary comes too late.

Flights between Canada and the EU can fall under both Canada’s Air Passenger Protection Regulations and EU261, with two clocks running at once. A carrier cannot refuse APPR compensation because you are also eligible under another regime. Once you have received compensation for the same event under a different regime, though, APPR compensation is no longer owed, and a longer EU limitation period does not stretch the APPR year.

Send the request through a channel that records the date you sent it, and mark the 30-day reply date the same day.

#Montreal SDRHow long do you have for a Montreal Convention claim?

2 years is the Montreal Convention limit: under article 35(1), the right to damages is extinguished unless an action is brought within two years of arrival, of the date the aircraft ought to have arrived, or of the date carriage stopped. Checked baggage faces shorter written deadlines of 7 and 21 days under article 31.

Source: Montreal Convention 1999, arts. 17(3), 22(1)-(2), 31(2)-(4) and 35(1) — eur-lex.europa.eu; ICAO, 2024 revised limits of liability — icao.int; UK261 art. 3(7)-(8) — legislation.gov.uk, checked 2026-09-15.

Damage to checked baggage needs a written complaint forthwith, and at the latest within 7 days of receipt; a delayed bag needs one within 21 days of the date it was placed at your disposal. Miss either window and no action lies, save in the case of fraud.

A bag counts as lost once the carrier admits it or 21 days pass after it was due, under article 17(3). The two-year Montreal limit then covers damages capped at 1,519 SDR per passenger for baggage and 6,303 SDR for delay: maxima for proven damage, not fixed sums.

Fixed compensation under UK261 and EU261 sits outside the Montreal Convention bar. UK261 article 3(7) states that the article 7 to 9 obligations are not liability for delay under article 19 of the Convention, and article 3(8) that an action to enforce them is not an action for damages under article 29. For EU261, Cuadrench Moré sends limitation to national law, and national courts split on whether Montreal’s two years can still bar an EU261 claim.

One trip can run both clocks. A London to New York flight arriving 4 hours late with a damaged suitcase leaves you 7 days for the written baggage complaint, 2 years to sue for the bag, and 6 years in England and Wales for a UK261 delay claim.

Put the baggage complaint in writing on the day the bag arrives (see the lost and delayed baggage guide), and diary the 2-year date from your arrival.

#How long do you have to go to ADR or the CTA?

12 months from the airline’s final response is the UK deadline for taking a complaint to ADR, and the incident must fall within the last six years (five if you live in Scotland). The Canadian Transportation Agency accepts a complaint only after your written request to the carrier has gone unresolved for 30 days.

Source: CAA, Alternative dispute resolution and How the CAA can help — caa.co.uk; Canada Transportation Act ss.85.04(1)(d), 85.05, 85.06 — laws-lois.justice.gc.ca, checked 2026-09-15.

Complain to the airline first. With no reply within eight weeks, you may take the complaint to its ADR body, AviationADR or CEDR (see UK261 airline ADR schemes), both free; the 12 months run from the final response or the last written communication. Most decisions arrive within three months. A decision binds the airline if you accept it, and you can still go to court.

If the airline is not in an ADR scheme, the CAA’s Passenger Advice and Complaints Team may take the complaint, though it cannot impose a solution. PACT will not handle a complaint with less than a year left to take legal action. Counting from the flight date, reach it before the fifth anniversary in England and Wales, or before the fourth on a 5-year Scottish count.

In Canada, the Act sets the pace after filing. A complaint resolution officer starts mediation no later than the 30th day after the complaint is filed; with no agreement, an order is due no later than the 60th day after mediation started. Transport Canada’s release of 1 May 2026 put the backlog of air travel complaints at “more than 97,000” (see the CTA complaint guide).

Mark two dates the day you write to the airline: 8 weeks for a UK ADR referral, or 30 days before a CTA complaint.

#Do US rules set deadlines for refunds and complaints?

7 business days is the US refund deadline for credit card purchases, and 20 calendar days for cash, check, debit card or other payment methods, under 14 CFR 260.2. Both timelines bind the airline, not you: they set how fast a “prompt refund” arrives, not a limitation period for your claim.

Source: 14 CFR 260.2 “Prompt refund” and 260.6(a) — ecfr.gov; 14 CFR 259.7(c) — ecfr.gov; US Department of Transportation, File a consumer complaint — transportation.gov, checked 2026-09-15.

After a cancellation, or a significant delay or change such as arrival 3 hours or more later on a domestic flight or 6 hours or more on an international one, the airline owes a full refund if it offers no alternative, if you reject the alternative, or if you do not respond and the flight departs.

Complaints run on another clock. Airlines must acknowledge a consumer complaint within 30 days and send a written response within 60 days, under 14 CFR 259.7(c). A complaint to the US Department of Transportation goes to the airline for a response copied to DOT, which does not investigate every service complaint.

DOT’s Fly Rights page says “for domestic itineraries airlines are not required to compensate passengers whose flights are delayed or canceled.” For an international itinerary, DOT says you may be able to recover expenses under article 19 of the Montreal Convention by claiming with the airline, and a court action for those damages runs on the Convention’s 2-year limit.

Check how you paid before counting refund days, and contact the airline in writing before you file with the US Department of Transportation.

Three “how long” questions get mixed up: how long a delay must last, how long airlines take to pay, and how long you have to claim, answered on this page.

General information, not legal advice. For your specific case: the CAA or Citizens Advice (UK), the European Consumer Centres Network (EU), the Canadian Transportation Agency (Canada), or a solicitor.

#Sources

• Regulation (EC) No 261/2004 as it forms part of UK law, art. 3 (as amended by SI 2023/1370) - legislation.gov.uk, checked 2026-09-15.
• The Aviation (Consumers) (Amendment) Regulations 2023, SI 2023/1370 - legislation.gov.uk, checked 2026-09-15.
• Limitation Act 1980, s.9 - legislation.gov.uk, checked 2026-09-15.
• Limitation Act 1980, s.5 - 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.
• Dawson v Thomson Airways Ltd [2014] EWCA Civ 845, Court of Appeal (Civil Division) - caselaw.nationalarchives.gov.uk, checked 2026-09-15.
• Civil Procedure Rules, Part 26 (small claims track) - justice.gov.uk, checked 2026-09-15.
• Scottish Courts and Tribunals Service, Guide to Simple Procedure - scotcourts.gov.uk, checked 2026-09-15.
• County Courts (Amendment) Order (Northern Ireland) 2022, SR 2022/158 - legislation.gov.uk, checked 2026-09-15.
• Civil Aviation Authority, Alternative dispute resolution - caa.co.uk, checked 2026-09-15.
• Civil Aviation Authority, How the CAA can help - caa.co.uk, checked 2026-09-15.
• Regulation (EC) No 261/2004, art. 16 - eur-lex.europa.eu, checked 2026-09-15.
• Cuadrench Moré, C-139/11 (2012), CJEU - 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.
• Statute of Limitations 1957, s.11 - revisedacts.lawreform.ie, checked 2026-09-15.
• Irish Aviation Authority, Air passenger rights - iaa.ie, checked 2026-09-15.
• Courts Service of Ireland, Small claims - courts.ie, checked 2026-09-15.
• Air Passenger Protection Regulations (SOR/2019-150), ss. 3, 19 - laws-lois.justice.gc.ca, checked 2026-09-15.
• Canada Transportation Act, ss. 85.01, 85.04-85.06, 86.11 - laws-lois.justice.gc.ca, checked 2026-09-15.
• Canadian Transportation Agency, Air travel complaints - otc-cta.gc.ca, checked 2026-09-15.
• Transport Canada, news release of 1 May 2026 on the air travel complaints backlog - canada.ca, checked 2026-09-15.
• Montreal Convention 1999, arts. 17, 22, 31, 35 - eur-lex.europa.eu, checked 2026-09-15.
• ICAO, 2024 revised limits of liability under the Montreal Convention - icao.int, checked 2026-09-15.
• 14 CFR 260.2 and 260.6 (refunds) - ecfr.gov, checked 2026-09-15.
• 14 CFR 259.7 (complaint responses) - ecfr.gov, checked 2026-09-15.
• 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.

#FAQ

How far back can I claim flight delay compensation?

6 years is how far back a court claim can go in England, Wales, Northern Ireland and Ireland. Scotland's 1973 Act sets 5 years, and how it fits a UK261 claim is undecided. In other EU countries, national limitation periods apply. Canada's APPR needs your request to the carrier before the first anniversary of the disruption.

Is there a time limit for EU261 claims?

Regulation 261/2004 sets no time limit itself. In Cuadrench Moré (C-139/11, 2012), the CJEU held that each Member State's rules on the limitation of actions decide. Ireland gives 6 years under the Statute of Limitations 1957. For any other EU country, check that country's own statute before relying on a figure.

How long do I have to claim in Scotland?

5 years under the Prescription and Limitation (Scotland) Act 1973 is the safe period to work to. The point is open: UK261 article 3(9) points to section 9 of the Limitation Act 1980, which gives 6 years, and no Scottish court has decided which rule governs. File inside 5 years of the flight.

How long do I have to claim APPR compensation?

1 year: under section 19(3) of Canada's Air Passenger Protection Regulations, you file the compensation request with the carrier before the first anniversary of the day the delay or cancellation occurred. The carrier then has 30 days to pay or explain why not, and a CTA complaint can follow only after that.

Does the Montreal Convention 2-year limit apply to delay compensation?

2 years under article 35 bars Montreal Convention damages actions, such as a claim for lost or damaged baggage, but not fixed UK261 or EU261 compensation. UK261 article 3(7)-(8) keeps its compensation outside the Convention, with 6 years to claim in England and Wales. For EU261, Cuadrench Moré sends limitation to national law instead.