How to respond to an airline's defence

So, you’ve submitted your complaint to AviationADR, the airline has challenged it, and now you’re on Step 4 of our Complaints Process: the Passenger’s Response…

At this point in our ADR process, you get 1 opportunity to comment on the airline’s defence.

It’s a crucial step, as it’s the final comment that you, the passenger, get to make on your case before everything gets put into a Complete Complaint File, and reviewed by our specialist team of Adjudicators – who will then issue a Determination within 60 days.

But… how exactly should you respond to the airline’s defence? What should you include in your comment?

Here’s what you need to know.

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What is an airline’s defence?

In terms of AviationADR, an airline’s defence is their written response to the complaint you lodged with us regarding them.

Instead of choosing to settle the complaint with you in Step 3 of our Complaints Process, the airline will have chosen to defend their position with this response.

An airline’s defence may include:

Why the airline believes they are not responsible
Why the airline disagrees with your proposed resolution
Disagreements over information/evidence you have provided
Additional information & evidence

So, you’ve received a airline’s defence, and now you’re on Step 4 of our Complaints Process. What now?

How to respond to an airline’s defence: the Passenger’s Response

First of all, no matter what you’re planning to say, the most important thing you can do to strengthen your case is to actually make sure you do use your single opportunity to respond to the airline before the set deadline:

You get a 21-day window to do this!

You cannot submit your Passenger’s Response beyond this time-frame.

If you’re using our online portal for your complaint, we send regular updates to your inbox whenever there is a change to your case status: such as receiving the airline’s defence, which is when the clock starts ticking for you to submit your Passenger Response…

So don’t forget to regularly check your inbox!

1. Read the airline’s defence carefully before responding

Your first reaction to the airline’s defence might be frustration, particularly if they’ve presented events differently from how you remember them.

But before responding, take a step back and read their defence carefully.

Ask yourself:

What facts do we both agree on?
Which facts does the airline dispute?
What evidence has the airline provided?
Are there any statements that are factually incorrect?
Has the airline misunderstood or overlooked something in my original complaint?
Has the airline raised a new argument that I need to address?
Have they offered any resolution?

Then, make a short list of the key points that you need to address, and organise them into 3 categories:

Key points of disagreement
Factual inaccuracies
New evidence

This will help your Passenger’s Response be concise, clear, focused, and give you a natural structure when drafting it.

2. The key points of disagreement

Remember: the point of the Passenger’s Response is to respond to what the airline is arguing, rather than to rewrite your entire original complaint.

Focus on the issues that might affect the final decision.

For example:

Your complaint was that you were denied boarding
The airline is saying that you were late, and simply missed your flight

Read the airline’s response: how do they back up their claim? Why do they believe you missed your flight?

Now: look back through your own evidence and account of events. What supports your position?

For example, if you have a photo of you sitting at the departure gate on time for your flight, you could attach that in your Passenger’s Response and state:

The airline is claiming that I was late for departure, and missed my flight. However, this image (dated [x/y/z] at [time]) shows that I was already waiting in the departure gate [x minutes] before take-off.

Apply this formula to each counter-point the airline has raised against your complaint! Your responses don’t need to be long, complex, or use legal jargon.

Simple statements like the examples above make it clear to follow your account of events.

3. Factual inaccuracies

If you believe something the airline has claimed to be factually incorrect, explain what’s wrong and, where possible, provide evidence to back up your account of events.

For example:

The airline says I first contacted them on the 12th March, however this is incorrect. I first contacted them on the 2nd March, as shown in the attached email.

Although it may understandably cause frustration when you and the airline disagree on the series of events, it’s important to keep your statements factual, clear, and neutral wherever possible.

4. New evidence

In a airline’s defence, they may raise new evidence you haven’t previously seen.

For example, the airline may provide:

Photographs
Screenshots of correspondence with you
Terms & conditions

If this is the case, take some time to look through what they’ve provided: does it actually change anything, in your view?

If it doesn’t: explain why you think the evidence supports your complaint.

If it does: don’t just ignore it.

For example, you could explain why you believe that particular evidence should be given less weight than other bits of evidence, as it only pertains to a small part of the bigger problem.

You don’t have to be a legal expert

If you do happen to know your passenger rights laws inside-out, that’s great, and there’s nothing stopping you from quoting laws you believe apply to your case within your Passenger’s Response.

But, if you don’t, that’s fine too! We don’t expect a legal essay from consumers, and you don’t have to quote any legislation. Our own Adjudication team here at AviationADR are the ones who bring the necessary legal expertise for your case!

However, if you are curious to learn about your passenger rights, we can give you a starting point, as we publish weekly articles on passenger rights topics:

> UK261 or EU261: which rules cover your flight after Brexit?

> What is a Property Irregularity Report (PIR)?

> What is a Deadlock Letter (and how do I get one from an airline)?

> Understanding your rights when flights are delayed: a guide for passengers

Prefer videos? Follow our socials for weekly consumer rights tips & tricks!

> YouTube

> Facebook

> Instagram

Final checklist before you submit your Passenger’s Response

Before sending your Passenger’s Response, check:

Have I addressed the airline’s main arguments?
Have I referred to the evidence supporting my position?
Have I addressed any new evidence provided by the airline?
Have I explained why the remedy I’m seeking is appropriate?
Have I avoided unnecessary repetition?
Have I made sure any attachments are clearly identified?

Here’s the key: Say what matters, support it with evidence, and explain clearly why the airline’s defence doesn’t resolve your complaint.

What happens after I submit my Passenger’s Response to AviationADR?

If you take a look at our Complaints Process page you’ll see that, in the next step (Step 5), we declare the Complete Complaint File – a comprehensive document that contains all the information and evidence provided by both you and the airline throughout the entire AviationADR Complaints Process.

After you’ve submitted your Passenger’s Response, you don’t need to do anything else but wait for our team of Adjudicators to review everything, and issue a Determination on your case.

This will happen within 60 days of us having declared the Complete Complaint File – though, if your case is of exceptional complexity, we reserve the right to extend this & will inform both parties of the additional time required.

However, in practice, we often produce Determinations far quicker than this; as of October 2026, our average turnaround time stands at just 32 days!

How do I get started?

Once your evidence is together and you’ve directly complained to the airline/airport, you can escalate your complaint with us for FREE in whichever way suits you – through our online portal, our app, by post, or by phone:

> Start your complaint with AviationADR

> What to do before you come to us

> Complaints we can deal with