THE PLAYBOOK
Everything we know about making airlines pay. Published.
Claims companies keep this method opaque because opacity is what justifies taking 25–35% of your money. We sell a $19 letter, so we can afford to show you the whole machine. Use it with our letters or entirely without us — it's your money either way.
1 · What the law owes you
Regulation (EC) No 261/2004 ("EU261") and its UK-retained twin ("UK261") set fixed cash compensation — not refunds, not vouchers — for delays of 3+ hours at final destination, cancellations under 14 days' notice, and denied boarding. It applies to any flight departing the EU/EEA/Switzerland or the UK, and to flights arriving there on an EU/UK carrier. Ticket price is irrelevant; a €30 Ryanair seat can pay €400.
| Distance | EU261 | UK261 |
|---|---|---|
| ≤ 1,500 km | €250 | £220 |
| 1,500–3,500 km + all intra-EU | €400 | £350 |
| > 3,500 km | €600 | £520 |
Delays qualify from 3 hours (Sturgeon C-402/07, confirmed in Nelson C-581/10 — delays are compensated like cancellations). Long-haul delays of 3–4h pay 50% (Art 7(2)). Missed connections on one booking count at your final destination for the whole journey distance (Wegner C-537/17). Compensation is per passenger; infants with a seat count.
2 · The excuse decoder
Airlines escape compensation only for "extraordinary circumstances" — and courts have spent 20 years narrowing what that means. The burden of proof is on the airline, always (Art 5(3)).
Technical fault / aircraft problem
Technical faults are inherent in running an airline. The single most over-used excuse — and it fails in court. (Wallentin-Hermann, C-549/07)
Crew shortage / crew out of hours
Crew planning is the airline's job. Rosters are not extraordinary circumstances. (within airline's control)
Strike by the airline's own staff
Their pilots, their cabin crew, their dispute — their liability. (Airhelp v SAS, C-28/20)
Knock-on delay from the aircraft's earlier flight
The airline chose a tight rotation. Downstream effects are theirs. (rotation = operational choice)
Overbooking / commercial decisions
Denied boarding against your will pays immediately — no delay threshold. (Article 4)
"Operational reasons" / no reason given
If they claim extraordinary circumstances, they must prove them. Vague answers mean: claim. (burden of proof on carrier)
Severe weather
But airlines over-use it. If other flights operated that day, challenge it — ask for evidence. (genuinely extraordinary)
Air traffic control restriction
Genuine ATC decisions excuse the airline. Care and rerouting are still owed. (outside carrier's control)
Airport or ATC staff strike (third party)
Third-party strikes are extraordinary; the airline's own staff striking is not. (distinct from own-staff strikes)
Bird strike
Extraordinary — but the airline must still prove it took reasonable measures. (Pešková, C-315/15)
Security incident / political instability
Extraordinary. Refund/rerouting and care still apply. (outside carrier's control)
Even when the airline is excused from compensation, it still owes care(meals, hotel, transfers — Art 9) and a refund or rerouting (Art 8). Keep receipts.
3 · The escalation ladder
- Step 1 — the demand letter (day 0). A formal letter citing the regulation, the case law matching the airline's excuse, the distance band, and a 14-day deadline. Sent via the airline's own claim form or customer-relations email, with boarding pass and booking confirmation attached. Everything in writing, no phone calls. Most valid claims end here.
- Step 2 — the follow-up (day 14). A final notice: 7 more days, then regulator and court, where interest and costs get added. Silence and voucher offers are stall tactics — reply to vouchers with one line: "I do not accept vouchers; I request monetary compensation as stated" (Art 7(3) requires your signed agreement for anything but money).
- Step 3 — the regulator (day 28). Every EU country has a National Enforcement Body; the UK has the CAA and airline ADR schemes. Complaints are free, create a paper trail, and cost the airline admin time and potential fines. Many claims settle the week the regulator writes to the airline.
- Step 4 — small claims court. The European Small Claims Procedure (cross-border, under €5,000) and the UK's Money Claim Online are designed for people without lawyers. Filing fees are modest and recoverable. Airlines almost never let a documented EU261 claim reach a hearing — losing publicly is worse than paying.
4 · How far back you can claim
EU261 has no deadline of its own — national limitation periods apply, based on where you'd file. Old flights are money in a drawer:
| England & Wales | 6 years |
| Scotland | 5 years |
| France | 5 years |
| Spain | 5 years |
| Germany | 3 years (end of year) |
| Italy | 2 years |
| Netherlands | 2 years |
| Montreal Convention (worldwide) | 2 years |
5 · Outside the EU/UK: the Montreal Convention
On international routes EU261 doesn't reach (Lagos–Nairobi, Addis–New York, Delhi–Bangkok…), the Montreal Convention (1999) makes the airline liable for the documented damage a delay caused you — hotel, meals, rebooking — up to 5,346 SDR (~$7,100) per passenger (Art 19, 22(1)), and for baggage up to 1,519 SDR (Art 17(2)). No fixed amounts: you claim what you can evidence with receipts. Deadlines are strict — written baggage complaints within 7 days (damage) or 21 days (delay) of delivery, court actions within 2 years (Art 35).
That's the whole method.
You can execute every step of it yourself for free with what's on this page. What we sell is the execution: a letter personalized to your flight with the right citations already in place, the follow-up, your airline's claim channel, and reminders at day 14 and 28 — for a flat $19 instead of 35% of your money. Guaranteed: the airline pays, or we refund.
CHECK MY FLIGHT — FREE →AirOwed is a document preparation tool, not a law firm, and this page is general information, not legal advice. Case law evolves; we update this page when it does.