Reviewed on 30 September 2026
Delays, cancellations and overbooking: your rights when flying from Spain
Compensation of €250, €400 or €600, care at the airport and a step-by-step claims guide under Regulation (EC) No 261/2004.
If your flight departs from an airport in Spain, you’re protected by Regulation (EC) No 261/2004, the EU’s air passenger rights law. The airline doesn’t matter: it covers every flight leaving the European Union, as well as flights into the EU from elsewhere when they’re operated by an EU airline.
How much compensation you can get
Compensation depends on the flight distance, not on what you paid for your ticket:
| Flight distance | Compensation |
|---|---|
| Up to 1,500 km | €250 |
| Over 1,500 km within the EU, or 1,500–3,500 km | €400 |
| Over 3,500 km (outside the EU) | €600 |
On flights over 3,500 km, if you arrive between 3 and 4 hours late, the airline may halve the compensation (€300).
When you’re entitled to it
- Delay: if you reach your final destination three hours or more late.
- Cancellation: unless you were told more than 14 days in advance, or at shorter notice if you’re offered an alternative flight that departs and arrives within the time limits set by Article 5 of the Regulation.
- Denied boarding (overbooking): if you’re refused boarding against your will despite holding a confirmed booking and checking in on time.
The airline doesn’t have to pay if it can prove extraordinary circumstances that couldn’t have been avoided even with all reasonable measures. According to the European Commission, technical problems found during routine maintenance and strikes by the airline’s own staff are not extraordinary circumstances.
Care while you wait
Even when no compensation is due, if your flight is delayed or cancelled the airline must look after you at the airport: meals and refreshments in proportion to the wait, two phone calls or messages, and a hotel plus transfers if you need to stay overnight. Keep every receipt if you pay for anything yourself.
How to claim, step by step
- Claim from the airline first, in writing, and keep a copy. Include the flight number, date, booking reference and what you’re asking for.
- If there’s no reply within a month, or you disagree with it, you can complain free of charge to Spain’s State Aviation Safety Agency (AESA) through its alternative dispute resolution procedure, available for flights from 2 June 2023. According to AESA, its decision is binding on the airline.
- If the airline doesn’t comply, you can ask a court to enforce the decision.
Changes on the way
In June 2026 the European Parliament and the Council agreed to revise Regulation 261/2004. According to the European Commission, the three-hour threshold and the €250, €400 and €600 amounts stay, and the new rules will apply 12 months after publication in the Official Journal of the EU. Until then, everything above remains in force as described.
This guide summarises the rules for information purposes. For a specific case, check the official sources linked below or contact AESA.