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Air passenger rights

Due to the Regulation No. 261/2004 of the European Parliament and the European Council, every passenger, whose flight includes at least one arrival, one departure, and / or stopover at a Spanish airport, enjoys legal passenger rights.

In case of any violation of those rights, the passenger is entitled to present a claim, which can result in a financial compensation or any other kind of compensation. If a passenger is unhappy with the service during a flight, but is not entitled to present a claim, he still has the option to lodge a complaint or a suggestion.

If you do not complain or make suggestions about the service provided, the quality of service will not be reviewed or improved, since the Entities related to the events will not be informed and you will miss the opportunity to be compensated.

The right for placing a complaint may result from the following cases

These are the most common cases with a right to claim, and are normally addressed to airlines, airports or entities related to your trip such as travel agencies, wholesalers, etc.. In order for 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 passenger's rights must have been violated without justification, as situations described here may occur that are legally developed - such as force majeure for example - not giving rise to claims in that case.

  • Nonexistent, confusing, neutral, or denied information.
  • Denied boarding due to overbooking, delays, or flight cancellation.
  • Do not facilitate the right to claim.
  • Incidents with the ticket, its issue, or change of class.
  • Delays in departure or arrival of the flight.
  • Lack of assistance in departure delays.
  • Missed flight or missed flight connection.
  • Damage to or loss of luggage.
  • 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 the aircraft.
  • Accidents and/or injuries.
  • more cases.

Passengers affected by cancellations can turn to specialized claims services and obtain financial compensation for the cancelled or delayed flight.

Passenger with a delayed or cancelled flight
Passenger with a delayed or cancelled flight at an airport

Before making a complaint, you must make sure that you are entitled to it, and the necessary conditions for each case are met. Passengers have the obligation to know their rights if they want to make a complaint, and in this sense they can request a leaflet at any airport in Spain where their rights and the way to act are explained, or request this information from the State Aviation Safety Agency (Agencia Estatal de Seguridad Aérea - AESA).

How to file a complaint

Please do not leave the airport or the area where the incident has occurred, without informing yourself previously about the procedure of filing a complaint (means, channel, period of time, proofs, etc.). Some complaints have to be done on-site, while others can be dealt with within a reasonable time period by normal mail or internet.

For this reason, depending on the entity concerned, you may dispose of sheets of complaint at the check-in counters of the airlines, at the information desks of the airport or in the airport shops. You may also download and print them if it is not necessary to present the complaint on-site.

Please be very precise when you describe the incident and keep all the related documents, even if you think it is not necessary. You may need the documentation again in case you do not receive an answer within the agreed period of time or maybe you are not happy with the answer, and want to lodge an appeal before the courts or contact with the National Aviation Agency AESA (case of appeal against the airline).

Additional information

Due to the complexity and the constant evolution of the regulations and the laws, the information given herewith may not be complete, incorrect, incomplete or not yet updated. Therefore it is within your responsibility to do everything in your power in order to gather the necessary information.

Please find more information (details of each case, compensations, regulations, directions and phone numbers, etc.) in aeropuertosenred.com , in the sections about passenger rights.

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