Aena Clarifies: Up to €600 compensation for flight delays. Are you claiming yours?

Passengers flying within or from the European Union have strong legal protections under EU Regulation 261/2004, which still many are unaware of. With the Christmas season coming up, airports will be packed with expats flying home to visit family. Inevitably, there will be some delays.

Spanish airport authority Aena has reminded travellers that significant delays, cancellations, or denied boarding can trigger automatic rights to care, reimbursement, and cash compensation of up to €600 per person.

In 2024 alone, nearly 218,000 flights departing from airports covered by EU Regulation 261/2004 experienced delays of three hours or more on arrival or last-minute cancellations that qualified passengers for compensation, potentially entitling around 26 million travellers to a combined €6.5 billion, according to data analysed by claims specialist Skycop. Despite the scale of these disruptions, which worsened amid record air-traffic delays and extreme weather events, only about one in three eligible passengers actually filed a claim, leaving an estimated €4.3 billion unclaimed across the continent. This persistent gap reveals that, even two decades after the regulation came into force, millions of Europeans still walk away from delays and cancellations without exercising their legal right to up to €600 per person.

What is EU regulation 261/2004, and who is covered?

The regulation officially known as EC 261/2004 applies to:

• All flights departing from an EU/EEA airport (any airline)
• Flights arriving in the EU/EEA operated by an EU-based airline

Official text: Regulation (EC) No 261/2004 – EUR-Lex. Given any opposition at the customer service desk, this is the regulation to quote.

Aena stresses that “whenever you fly, your right to travel comfortably and safely is protected by the European Union”.

Assistance you’re entitled to during long delays

If your flight is delayed at departure, the airline must look after you for free as soon as the delay reaches a certain length. For short flights (up to 1,500 km), care starts after 2 hours; for medium-length flights (1,500–3,500 km or any flight within the EU that’s longer than 1,500 km), it starts after 3 hours; and for long-haul flights over 3,500 km, you get help after 4 hours. This care includes meals and drinks suitable for the waiting time, two free phone calls, emails or faxes, and (if you have to wait overnight) a hotel room plus transport to and from the airport. You don’t have to pay anything upfront and ask for reimbursement later; the airline has to provide these things right away at the airport.

Cash compensation for delays of 3 hours or more on arrival

If your flight lands at its final destination 3 hours or more late (compared to the scheduled arrival time), you are normally entitled to a fixed cash payment from the airline, even if the delay was only 5 minutes at take-off but grew longer en route. The amount depends only on the distance of your flight, not on how late you actually were (except for the very longest routes):

• €250 for flights up to 1,500 km
• €400 for flights between 1,500 km and 3,500 km (or any flight entirely within the EU longer than 1,500 km)
• €600 for flights longer than 3,500 km

On those longest flights, the airline can cut the payment in half (to €300) only if you arrived between 3 and 4 hours late. The airline does not have to pay this money if it can prove the delay was caused by something completely outside its control, such as severe weather, a sudden security threat, or an air-traffic-control strike. In all other cases, such as technical problems, crew shortages, overbooking, etc., the compensation is due automatically, and you do not need to prove anything.

When compensation is NOT payable

• Cancellation notified more than 14 days in advance
• You were informed 7 to 14 days before and offered a rerouting departing no more than 2 hours earlier and arriving less than 4 hours later.
• The airline proves the disruption was caused by extraordinary circumstances beyond its control.

Baggage problems: Your rights and deadlines

If your checked baggage is delayed, damaged, or lost:

• Damage: report within 7 days of receiving it
• Delay: report within 21 days of eventually receiving it
• Total loss: claim after 21 days

Compensation can reach approximately €1,300 under the Montreal Convention. More info: Aena – Passenger Rights (official Spanish page in English)

How to claim your compensation

1. Keep all boarding passes and booking references.
2. Ask airline staff at the airport for written confirmation of the delay/cancellation (you may have to insist).
3. Submit your claim directly to the airline first (most have online forms).
4. If denied or ignored after 6 to 8 weeks, escalate to the national enforcement body or consumer agency in the country where the incident occurred.

Many passengers successfully use specialised claim companies (they take  around 25 to 30 per cent commission) or the official EU complaint form.

Bottom line

Next time your flight from Spain or anywhere in the EU is significantly delayed or cancelled, you are very likely entitled to meals, hotels, and up to €600 in cash compensation, no questions asked in most cases. Know your rights and don’t leave money on the table.

For the most up-to-date information, always check the official sources:

• European Commission Air Passenger Rights
• Your Europe – Flight Compensation
• Aena Passenger Information