The airline writes ‘your claim is time-barred’: what does that mean?

The word ‘old’ can point to three quite different things, governed by different rules. The airline’s own terms may contain a time limit for claims. A limitation period is the statutory time for pursuing a claim. The complaint deadline is the requirement that you notify the airline within a reasonable time. A reply that only says ‘too old’ does not show which one the airline relies on.

EU rules set no time limit. Regulation 261/2004 contains no provision on a limitation period. The Court of Justice has held that the time limit for bringing an action for compensation under Articles 5 and 7 is determined by each Member State’s own rules on the limitation of actions, provided the rules respect the principles of equivalence and effectiveness (C-139/11, operative part and paragraphs 24 and 26).

We cover the national rules in general in how far back you can claim. Here the subject is the reply you have received.

Article 15(1) says that obligations to passengers under the regulation ‘may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage’. If the airline points to a shorter deadline in its terms, it is something the airline needs to be able to explain against that provision.

Nobody can say in advance how each clause will be assessed. But a clause is not a reason in itself, and a reply that merely quotes the terms has not shown that the claim lacks a basis.

Which country’s rules apply depends on the case, and the airline’s reply does not settle it. Where Swedish law applies, the picture is this.

Limitation. A claim becomes time-barred ten years after it arose unless the limitation period is interrupted before then. Ten years is no safe harbour, though, because the claim can also lapse if you were slow to complain (see below). A written demand from you to the airline can interrupt the limitation period (Limitation Act, sections 2 and 5).

Complaint. Limitation is not the only deadline. The Swedish Supreme Court has held that a passenger who wants compensation under Article 7 for a delayed flight must notify the airline within a reasonable time after the trip. A complaint within two months is always in time. In that case the claim came a little over two years and three months after the flight, and the right had lapsed (NJA 2018 p. 127). The advice is therefore simple: complain within two months.

We know the rules. We test the airline’s wording against the rules.

We take the hassle. Airlate handles the claim manually after submission and deals with the airline under your power of attorney.

We do not give up at the first hurdle. If we assess that the claim has reasonable prospects, we can pursue it further, where necessary through supervisory bodies, alternative dispute resolution or the courts. No outcome can be promised. If we obtain no compensation for you, we charge no service fee, under the Fee Policy.

You can go to the Swedish National Board for Consumer Disputes (ARN) or to court yourself, but the route we recommend is to let a representative test the reply. Keep the airline’s reply in its original form. If the airline does not answer at all, read when the airline does not respond.