Air passenger rights are protected by European Regulation No. 261/2004 of the European Parliament and of the Council. Read below how you can assert your rights if your flight has been delayed, overbooked or otherwise affected.
All air passengers have a bill of rights if the flight has at least a departure, arrival, and / or transit at a Spanish airport, according to European Regulation nº 261/2004 of the European Parliament and of the Council. Consequently, when such rights are violated, the passenger is entitled to a claim that may entail compensation, whether economic or otherwise. On the other hand, if the passenger expresses a disagreement with any of the services provided by any of the entities related to his flight, but does not have the right to make a complaint, he has the right to submit a complaint or suggestion.
If you do not claim, complain, and/or make suggestions regarding the service provided, the quality of the service will not be reviewed or improved since the entities related to the events will not be informed, and you will lose the opportunity to be compensated.
Cases with entitlement to claim
These are the most usual cases with the right to claim, and usually addressed to airlines, airports or entities related to your trip such as travel agencies, wholesalers, etc. In order for the claims based on these assumptions to be accepted, certain conditions must be met, that is, you must have fulfilled your obligations as a passenger specified for each case, and the rights of the passenger must have been violated without justification, since that ther may be situations described here that are legally developed - such as force majeure -, not giving rise to claims in that case.
- Non-existent, confusing, neutral, or denial information.
- Denial of boarding due to overbooking, delays or flight cancellation.
- Do not provide the right to claim.
- Issues with the ticket, its issuance, or change of class.
- Delays in flight departure or arrival.
- Lack of assistance in departure delays.
- Flight loss or loss of flight connection.
- Damage or loss of the baggage.
- Discrimination against passengers with disabilities or reduced mobility.
- Lack of security at the airport or on board aircraft.
- Deficiencies in the service provided at the airport or in aircraft.
- Accidents and / or injuries.
- …other cases .
Passengers affected by cancellations can go to specialized claims services and obtain economic compensation for the cancelled or delayed flight.
Passengers must be aware of their rights if they wants to make a complaint, and to this end, they can request a leaflet from any airport in Spain explaining their rights and how to act or request this information from the Agencia Estatal de Seguridad Aérea (State Aviation Safety Agency).
How to file a complaint
Do not leave the airport or the area where the incident occurred without informing yourself before how the claim process you want to undertake works (medium, channel or way, deadline, evidence, etc.), since some claims are imperative to manage them In Situ , while others can be managed within a reasonable term by ordinary mail or internet.
For this purpose, and depending on the claimed entity, you have claim forms at available at airline counters, airport information points, airport shops, or you can download the form online when it is not necessary submit the claim In Situ.
Be thorough detailing the events and keep all the documentation in this regard, even if it does not seem useful, since after submitting the claim, if you do not receive a response within the period indicated, or you are not satisfied with it, you can file appeal to the Courts of Justice, or contact the Agencia Estatal de Seguridad Aérea (State Air Safety Agency), in the case of a complaint to an airline.
Due to the complexity and the constant evolution of regulations and laws, the information presented here may not be completely accurate, incomplete or outdated, so it is the responsibility of the interested party to make all the means available to cross-check said information.
You can expand this information (details of each case, compensation, regulations, addresses and telephone numbers, etc.) on the aeropuertosenred.com website, in the sections dedicated to Air Passenger Rights.