Air passenger rights

Air passenger rights are protected by European Regulation No. 261/2004 of the European Parliament and of the Council.

When these rights are violated, passengers are entitled to lodge a complaint, which may result in compensation, either financial or otherwise. Alternatively, if passengers are dissatisfied with services provided by entities related to their flight but do not meet the criteria for filing a formal claim, they still have the right to submit a complaint or suggestion. Read below to find out how you can assert your rights if your flight is delayed, overbooked, or otherwise disrupted.

Cases in which you have the right to complain

The following is a list of the most common situations where passengers have the right to file a complaint. These are typically lodged with airline offices, airports, or other travel-related entities, such as travel agencies or tour operators.

For claims to be considered valid, certain conditions must be met. Passengers must have fulfilled their obligations, and their rights must have been unjustifiably infringed. However, it is important to note that some legally recognized situations —such as cases of force majeure— may exempt airlines or other entities from liability, thereby invalidating claims.

Flight disrupted due to an airline strike
Nonexistent, confusing, neutral or denied information.
Denied boarding due to overbooking, delays or flight cancellation.
Do not facilitate the right to claim.
Issues with ticketing, including incorrect class changes or discrepancies in booking.
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 at an airport

How to file a complaint

Before leaving the airport or the area where the incident has occurred, make sure you understand how the complaint process works (e.g., the method or channel, deadlines, evidence required, etc.), as some complaints need to be handled on the spot, while others can be handled within a reasonable time by post or online.

To do so, depending on the entity you are filing the complaint with, you can find complaint forms at airline counters and at the airport information desks. If filing in person is not required, you can download the form online.

Be thorough in detailing the events that occurred and keep all documentation, even if it initially seems unnecessary. After submitting the complaint, if you do not receive a response within the specified time frame or are not satisfied with the response, you can escalate the matter to the courts or contact the AEASA (Aviation Safety Agency) in case of a complaint against an airline.

If you don't have the time or find it complicated, you can also turn to a company specializing in air claims, such as AirHelp. They will handle the entire process on your behalf, and in return, they will take a small percentage of the compensation they secure for you.

Additional information

You can find further information (details of each case, compensation, regulations, addresses and telephone numbers, etc.) on the aeropuertosenred.com website, in the sections dedicated to Passenger Rights.

Consult the subject of Passenger Rights at the State Agency for Air Safety AESA

Disclaimer

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.

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