Flight compensation claim refused? What happens next

A refusal from an airline isn't the end of a claim. Airlines turn down claims for reasons that don't hold up, and many change their minds when the refusal is challenged properly. Here's what happens next, step by step.

Can I still get compensation if the airline refused my claim?

Yes, if the refusal is wrong. The airline's answer is its view, not a ruling. Only an independent body or a court can decide the claim against you.

The first job is to work out whether the airline has a point. Sometimes it does: the delay was under three hours, the flight isn't covered, or the weather really did stop it flying. Sometimes it doesn't, and the reason won't survive a look at the facts.

Why do airlines refuse compensation claims?

Most refusals fall into a few groups.

• "Extraordinary circumstances." The most common. It's a real defence, but a narrow one, and the airline has to prove it. Technical faults and crew shortages don't normally qualify; the EU Court of Justice said so in Wallentin-Hermann v Alitalia (2008) and the Court of Appeal agreed in Huzar v Jet2.com (2014). See extraordinary circumstances explained.
• "The delay was under three hours." Check against the time the doors opened at the gate, not the time the wheels touched down.
• "The flight isn't covered." Airlines from outside Europe are only covered on flights leaving the UK or EU. Check where your journey started.
• "You were told in time." For cancellations, notice of 14 days or more means no compensation. Check exactly when you were told.
• "We need more information." Sometimes this is a refusal in disguise. Send what's asked for, and keep a copy.

Step 1: Check the reason against the facts

Ask yourself, or ask the airline:

• What exactly happened? "Operational reasons" isn't a reason.
• Where and when? Weather at your airport at your flight's time counts. Weather somewhere else may not.
• Was it your aircraft? A problem with a different flight only matters if it affected yours.

When we handle a claim, we check the airline's reason against independent data: the aircraft's movements that day, airport weather reports and the actual arrival time. If the data backs the airline, we tell you honestly.

Step 2: Write back with the law and the evidence

If the reason doesn't hold up, reply in writing. A good reply:

• quotes the airline's reason and explains why it's wrong;
• cites the relevant case law;
• attaches the evidence;
• asks for payment by a clear deadline (we use 14 days).

Clear-cut claims often settle at this stage. It's worth keeping the tone factual. A reply that sets out the law is much harder to brush off than a complaint.

Step 3: Use an independent dispute scheme (UK)

If the airline still says no, the next step for UK flights depends on whether the airline belongs to an approved dispute scheme.

The Civil Aviation Authority approves two schemes for airline complaints: CEDR and AviationADR. Many airlines are members. For example, Emirates belongs to CEDR, and Virgin Atlantic, KLM, Air France and Turkish Airlines belong to AviationADR.

How a scheme works:

• you normally have to complain to the airline first, and either get a final answer or give it a set time to reply;
• it costs the passenger nothing;
• both sides send their evidence, and an independent adjudicator decides;
• if you accept the decision, it binds the airline, and it has to pay.

If an airline isn't in a scheme, the complaint can go to the Civil Aviation Authority's own complaints team. It can look at the evidence and press the airline, but its view isn't binding.

Membership changes from time to time, so we check before every escalation.

Step 3 (EU flights): the national enforcement body

For flights that left an EU airport, the complaint goes to the national enforcement body of the country the flight left from. A few examples:

• Germany: the Luftfahrt-Bundesamt;
• Spain: AESA;
• France: the DGAC;
• the Netherlands: the ILT;
• Ireland: the Irish Aviation Authority.

Some countries also have their own dispute bodies, such as söp in Germany or the Transportklagenemnda in Norway. These bodies look at whether the airline broke the rules. They're generally not a substitute for a court if the airline still won't pay.

Step 4: Court, as the last resort

If nothing else works, a court can order the airline to pay. Airlines frequently settle once a claim is issued, and sometimes after a formal letter warning that it's about to be.

In England and Wales, a claim of this size goes on the small claims track, which handles claims up to £10,000. You can start it online through Money Claim Online. Before you issue, you should send the airline a letter before claim giving it a final chance to pay. There's a court fee to issue, which you can add to the claim and recover if you win.

In Scotland, claims up to £5,000 use the simple procedure. Northern Ireland has its own small claims process.

For EU flights, the claim usually goes to the courts of the departure country, under that country's rules.

Do I need a lawyer to go to court?

Not for a small claim, though it helps to know the case law. The small claims track is designed for people to use themselves.

When you claim through Skyfare, we take the claim through each stage for you, including court where it's justified. We don't charge anything up front, and you pay nothing if the claim fails.

How long do I have?

For flights covered by UK261, six years in England, Wales and Northern Ireland, and five years in Scotland. That clock keeps running while you argue with the airline, so don't let a refusal sit too long. For EU flights, the limit depends on the country. See claiming for an old delay.

For honest timings at each stage, see how long flight compensation takes.

Frequently asked questions

Is the airline's refusal final?

No. It's the airline's view. Only an independent scheme you accept, or a court, can decide the claim.

Is CEDR or AviationADR free?

Yes, for passengers. The airline pays the scheme's fee.

What if my airline isn't in a dispute scheme?

For UK flights, the Civil Aviation Authority's complaints team can look at it. Its view isn't binding, so court is the final step if the airline still won't pay.

Can I claim through Skyfare after I've been refused?

Yes. A refusal doesn't stop you claiming. We check the reason and, if it doesn't hold up, take it from there.

How much does it cost to take an airline to court?

There's a fee to issue a claim, which depends on the amount. If you win, you can recover it from the airline along with the compensation.