Delayed or canceled flight between Europe and Mexico or Argentina: your rights
The EU's air passenger rights rules also protect some flights across the Atlantic, but not all of them: it depends on where the flight leaves from and which airline operates it. When you're covered, how much you may be owed, and where to claim.
General information, not legal advice. What you’re entitled to depends on your trip, the country, the carrier and the rules in force. If your case is complicated, check with the relevant authority or a professional. More in the terms of use.
Do EU rules protect you?
Regulation 261/2004 applies to every flight that leaves from an EU airport, on any airline, and to flights arriving in the EU from outside only if an EU airline operates them.
- From Europe to Mexico or Argentina (for example, Madrid to Mexico City or Barcelona to Buenos Aires): always covered, whatever the airline.
- From Mexico or Argentina to Europe (for example, Buenos Aires to Madrid), on an EU airline: covered.
- From Mexico or Argentina to Europe, on an airline that isn't from the EU: EU rules don't apply. Your rights depend on the rules of the country you leave from and the airline's conditions, which this page doesn't cover.
What counts is the airline that operates the flight, not the one that sold you the ticket: check the “operated by” on your booking.
How much you may be owed
A flight between Europe and Mexico or Argentina is over 3,500 km, so compensation is the highest band: €600 per passenger if you reach your final destination 3 hours or more late, if your flight is canceled with less than 14 days' notice, or if you're bumped because of overbooking.
It drops to €300 if you arrive between 3 and 4 hours late. And it isn't owed if the airline proves extraordinary circumstances, such as bad weather or an air traffic control decision; most technical problems and strikes by the airline's own staff don't count.
While you wait at the airport
On a flight of more than 3,500 km, if departure is delayed 4 hours or more, the airline owes you meals and two calls or emails, plus a hotel and transfer if the new departure is the next day. From a 5-hour delay you can ask for a refund of your ticket. If you pay yourself, keep the receipts.
Where to claim
Always first with the airline, in writing. If the flight left from Spain, or arrived in Spain from outside the EU on an EU airline, and they don't reply within a month or you're not satisfied, you can claim free of charge with AESA, the Spanish authority. If it left from another EU country, with that country's authority.
If you’d rather someone handled it for you
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You may also need
Official sources
- Regulation (EC) 261/2004, current textEUR-Lex (Official Journal of the EU) · Checked on 16 October 2026
- Air passenger rightsYour Europe (European Commission) · Checked on 8 October 2026
- Claiming with AESA (flights from 02/06/2023)Spanish Aviation Safety Agency (AESA) · Checked on 4 October 2026
Last reviewed: 16 October 2026