How long do I have to file a flight claim in Netherlands?

For filing a flight claim in the Netherlands, you have 2 years from the original departure date. In some other EU countries this period can be longer, up to 6 years. It's important not to miss this deadline, as afterwards you can no longer claim compensation for delays, cancellations or denied boarding under Dutch law.

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The short answer

In the Netherlands, a limitation period of 2 years applies for filing a flight claim under Dutch law. This period starts from the date you were originally supposed to fly. If your flight was delayed on 15 March 2023, for example, you have until 15 March 2025 to file your claim. In other EU countries, longer periods may apply - in Belgium, France and Germany 3 years, and in the United Kingdom even 6 years. It doesn't matter whether you file the claim directly with the airline or through a claims agency.

What does the law say?

The limitation period for flight claims is regulated by EU Regulation 261/2004, but each member state determines its own timeframe. In the Netherlands, this falls under the Dutch Civil Code (Burgerlijk Wetboek), which applies a general limitation period of 2 years. The claim must be based on your rights under EU legislation for flight compensation. You're entitled to compensation for delays of 3 hours or more, cancellations and denied boarding, provided the airline is at fault.

1EU Regulation 261/2004 governs compensation rights

2Dutch Civil Code (BW) sets 2-year limitation period

3Period starts on original departure date

What should you watch out for?

Pay careful attention to using the correct departure date - this is the date you were originally supposed to depart, not the date you eventually flew. Keep all travel documents such as boarding passes, tickets and correspondence with the airline. If you fly via another EU country, a longer limitation period may apply under that country's law.

1Use original departure date as starting point

2Keep all flight travel documents

3Check which country's legislation applies

4File claim well before deadline expires

Example from practice

Suppose your flight from Amsterdam to Barcelona was cancelled on 10 June 2023 and you had to fly a day later. You only heard about your right to compensation months later. In this case, you have until 10 June 2025 to file your claim with the airline under Dutch law. Even if you try the claim yourself first and that fails, you can still engage a claims agency afterwards, as long as the 2-year period hasn't expired. The amount of compensation you can receive doesn't affect the limitation period.

What can you do?

Start by collecting your travel documents and check the exact date of your original flight. Then calculate when you must file your claim at the latest.

1Collect all flight travel documents and note original departure date

2Calculate your limitation period (2 years from departure date)

3File your claim with the airline or through a claims agency

Conclusion

In the Netherlands, you have 2 years from the original departure date to file a flight claim under Dutch law. Don't wait too long, but know that you usually have plenty of time to exercise your rights as an expat.

Frequently Asked Questions

Does the limitation period start on the day of the delay or the original departure date?

Can I still claim if I already contacted the airline but achieved no result?

Does the 2-year period also apply to flights from other EU countries?

What happens if I'm one day too late with my claim?

Must I first try to claim myself before engaging a claims agency?

Does the same period apply to delays, cancellations and denied boarding?

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