Claiming for cancelled trips, delays and lost baggage

Key rules

• Order: Claim from the airline first, then ask your insurer to cover what is left.
• Compensation: You can claim EUR 250, EUR 400 or EUR 600 by distance if you arrive 3 hours or more late.
• Baggage deadlines: Report lost baggage at the airport at once, and complain in writing within 7 days for damaged and 21 days for delayed baggage.
• Insurer notice: Tell your insurer as soon as it happens, generally within 7 days unless your policy says otherwise.
• Receipts: Keep every receipt for costs the airline should have covered.

Claim from the airline first, then your insurer

For flights from Spanish airports, your rights against the airline come first. Claiming from the airline is free. Your insurer fills the gaps and will ask for the airline's reply. The decision block below helps you choose in your case.

Is your flight covered?

EU rules cover every flight leaving a Spanish airport, on any airline. They also cover flights arriving in the EU from outside it on an EU airline. A flight to Spain from outside the EU on a non-EU airline is not covered. If you got compensation or help in the other country, you cannot claim again.

What the airline owes you

Compensation. If you reach your final destination 3 hours or more late, you can claim a fixed sum. It is EUR 250 for flights up to 1,500 km. It is EUR 400 for longer flights within the EU and for flights of 1,500-3,500 km. It is EUR 600 for longer flights. The same applies to cancellations and denied boarding. For a cancellation, there is no payment if you were told at least 14 days ahead. There is also none if you were told later but offered a close alternative flight. The airline may halve the sum if it reroutes you and you arrive only slightly late.

Care while you wait. The airline must give you meals and refreshments, two free calls or emails, and a hotel with transfers if you must stay overnight. This applies even when it is not liable for compensation. It starts after a delay of 2 hours or more on short flights, 3 hours or more on medium flights, and 4 hours or more on longer ones. If the airline does not provide care, pay for it yourself and keep every receipt. You can then claim reasonable costs.

Refund or rerouting. If your flight is cancelled, you choose between a refund of the ticket and rerouting. For delays of 5 hours or more, you can also take the refund.

Exceptions. The airline can refuse compensation if the cause was outside its control. Examples are severe weather, air traffic control strikes and airport closures. Ordinary technical faults and strikes by its own staff usually do not count. The airline has to prove its excuse.

How to claim from the airline

1. Gather your booking, boarding passes, proof of the delay or cancellation, receipts and the reason the airline gave.
2. Send a written claim through the airline's web form or customer service. Keep proof that you sent it.
3. If it rejects you or does not reply within about a month, complain to AESA, Spain's aviation authority. It can sanction airlines but cannot force a payment.
4. Next, use the airline's out-of-court scheme if it has joined one, or go to court. Since 2025, you generally must try to negotiate before suing. Your written claim usually counts. For claims up to EUR 2,000 you do not need a lawyer.

You have 5 years from the flight date to claim in Spanish courts. A written claim to the airline stops the clock. For very old flights, ask a lawyer. Claims agencies take a share of your compensation, and you can do all of this yourself.

Lost, damaged or delayed baggage

Report lost baggage at the airport straight away and get a Property Irregularity Report. Then complain in writing to the airline within 7 days for damaged baggage and within 21 days for delayed baggage. Baggage still missing after 21 days is treated as lost. The airline's liability is capped at 1,288 units of a special international currency, roughly EUR 1,400-1,500. Court action must start within 2 years of arrival.

When your insurer comes in

You can usually claim from both, but you cannot recover more than you lost. Insurers deduct what the airline paid you. The insurer may also take over your rights against the airline for sums it paid. Compensation is a fixed sum, so some policies pay their delay benefit anyway. Read your policy and tell the insurer about any money you receive.

Tell your insurer about the incident as soon as it happens, generally within 7 days unless your policy sets a different period. Theft and baggage loss can have shorter limits. Medical emergencies or assistance needing prior approval can have limits as short as 24-48 hours. Check your policy wording. The documents block below lists what to send.

Choosing between options

Should you claim from the airline or from your travel insurer?

• Claim from the airline first: Your flight was delayed, cancelled or you were denied boarding. It is free, and your insurer will ask for the airline's reply. It also owes you meals, a hotel if needed, and a refund or rerouting if you were cancelled.

• Claim from your insurer for what is left: You paid costs the airline did not cover or refused, or your policy has a delay benefit. Send the airline's reply and tell the insurer about any compensation you received.

• Claim baggage losses from the airline, then your insurer: Your bag was lost, damaged or delayed. The airline's liability is limited to 1,288 SDR per passenger, roughly 1,400-1,500 EUR. Your insurer may cover the rest.

Start with the airline, because it is free. Then go to your insurer for losses that are still uncovered. You cannot recover more than you lost.

Timeline and deadlines

• Report lost baggage at the airport and get a Property Irregularity Report (PIR): straight away, before you leave the airport

• Ask the airline for meals, refreshments and two free calls or emails: while you wait, once the delay reaches 2 hours on short flights

• Choose a refund of the ticket if your flight is cancelled; the airline must pay it: within 7 days

• Complain in writing to the airline about damaged baggage: within 7 days of getting the bag

• Complain in writing to the airline about delayed baggage: within 21 days of the bag being placed at your disposal

• Treat baggage as lost if it still has not arrived: after 21 days

• Send your written claim for compensation to the airline and keep proof: as soon as you have your documents

• Complain to AESA, Spain's aviation authority, if the airline rejects your claim or does not reply: after about one month without a reply

• Go to court over flight compensation: within 5 years of the flight

Documents you need

• Your policy number, from your insurance certificate or the insurer's confirmation email.

• Your booking confirmation and tickets, issued by the airline or travel agency.

• The airline's written confirmation of the delay, cancellation or baggage problem. For baggage, this includes the Property Irregularity Report (PIR) from the airport.

• Receipts for the extra expenses you paid, such as meals, hotel, transport or replacement items.

• A police report (denuncia) from the police, only if the claim is for theft.

• A medical report from the treating doctor, only if the claim is for a health problem.

• Your bank details, so the insurer can pay you.

Check your policy terms for the exact documents and notice period your insurer asks for.

Checklist

• Check that your flight left a Spanish airport, or landed in the EU on an EU airline.

• Keep your booking, boarding passes, proof of the delay or cancellation, and receipts for costs the airline did not cover.

• Report lost baggage at the airport and get a Property Irregularity Report before you leave.

• Send a written complaint to the airline about damaged or delayed baggage within the deadlines.

• Send your compensation claim to the airline in writing, through its web form or customer service, and keep proof.

• Read your policy for its delay and baggage benefits and how it treats money you recover from the airline.

What to watch out for

• Your flight may not be covered: Flights into Spain from outside the EU on a non-EU airline are not covered, so you may have no right to compensation from the airline. Ask your insurer about a claim instead. Check the departure airport and the airline's home country before you claim.

• The airline may blame extraordinary circumstances: Airlines often refuse by pointing to weather, air traffic control strikes or security risks. Ordinary technical faults and strikes by the airline's own staff generally do not count. Ask for the reason in writing. The airline has to prove it, so do not accept a refusal without it.

• Compensation depends on arrival delay: The delay is measured at your final destination, not at departure. A shorter delay can mean no compensation, or half if you were rerouted. Note your actual arrival time and keep proof of it.

• Your care costs can be lost without receipts: The airline owes you meals, calls and a hotel even in extraordinary circumstances. If it does not provide them, you can only claim reasonable costs you can prove. Keep every receipt and claim only reasonable costs.

• AESA cannot make the airline pay: A complaint to AESA, Spain's aviation authority, can lead to a sanction, but its decision does not force the airline to pay you. If the airline still refuses, use its alternative dispute scheme if it has one, or go to small claims court.

• Claims agencies keep part of your money: Claims agencies commonly charge a share of the compensation you win. A written claim to the airline is free, so start there.

Frequently asked questions

Can I claim from both the airline and my travel insurer?

Yes, you can usually claim from both, but you cannot recover more than you actually lost. Any airline compensation or refund you get is normally deducted by the insurer, so tell the insurer about it.

How long do I have to claim flight compensation in Spain?

In Spain, courts have applied a limit of 5 years to flight compensation claims, counted from the flight date. A written claim to the airline stops the clock. For old flights, ask a lawyer whether earlier rules apply.

Does a strike let the airline refuse compensation?

No, a strike by the airline's own staff, such as pilots or cabin crew, generally does not let it refuse compensation. Air traffic control strikes, severe weather and airport closures usually do. The airline has to prove the circumstances.

Do I need a lawyer to sue an airline in Spain?

No, you do not need a lawyer for claims up to 2,000 EUR, which can go through small claims proceedings. Since 2025 you generally have to try negotiating first, and a written claim to the airline can count as that attempt.

Is a flight to Spain from outside the EU covered?

Only if an EU airline operates it, and only if you did not already get compensation or help in the other country.