The end of the restrictions due to the health crisis that has culminated in the elimination of the use of masks on planes together with the increase in airport users -16.9 million passengers last January, 2.1% more than the same month of 2019 without limitations due to Covid- predict an increase in passengers at Easter and in the next summer season.
Many of the people who decide to travel by plane have to take risks due to possible cancellations or delays. The State Aviation Safety Agency (AESA), a body attached to the Ministry of Transport, Mobility and the Urban Agenda, resolved in 2021 just over 20,000 claims from the 64 million users of Spanish airlines and airports.
The lack of knowledge on the part of the passengers of this route for the resolution of conflicts and that on many occasions it is the airline itself that proceeds to solve the dispute are reasons that justify such a small number of claims in proportion to air travel: in 2021 1.82 claims were produced for every 10,000 passengers.
To promote the functions of the Agency, the Ministry of Transport published on March 14, 2022 Order TMA/201/2022 that regulates the alternative dispute resolution procedure for air transport users in matters of compensation and assistance in the event of denied boarding, cancellation or long delayas well as in relation to the rights of people with disabilities or reduced mobility.
What can be claimed?
Passengers can complain, first to the airline and later to AESA, when the delay programmed in the reservation is greater than two hours at departure or three hours at arrival. The compensation can range from 250 to 600 euros.
When there is a cancellation, understood as the failure to carry out the flight scheduled in the reservation and in which at least one seat had been reserved. The passenger has the right to care, reimbursement or alternative transport and compensation that varies between 250 and 600 euros.
Computer failures, such as the one that recently occurred with the interruption of Lufthansa operations that have caused thousands of passengers to suffer incidents on their flights, are also considered delays and cancellations. The reclamador.es lawyers remember that they are claimable.
It can be claimed when there is denied boarding or refusal to carry passengers despite having presented themselves for boarding under the established conditions, unless there are reasonable grounds for denying boarding such as health, safety or inadequate travel documents. The passenger has the same rights as in the cancellation.
He class change it also gives the right to claim when it refers to passenger accommodation in a lower class than the one for which the ticket was paid. In this case, the passenger is entitled to a percentage of the ticket price that the company must pay the user within a period of seven days for accommodating him in a lower class.
Claims for the destruction, loss, damage or delay of checked baggage based on any other standard or convention cannot be processed before AESA.
Prior claim to the airline
The first step before going to the Agency is to file a claim with the airline responsible for the denied boarding, cancellation, class change or long flight delay.
The term to file this prior claim is five years from the day the incident in dispute occurred.
It is best to make the request through the claim forms that the companies have available at the information desks or ticket sales points at the airports. It can also be processed using the claim form provided by AESA.
The claim must be addressed directly to the customer service department, either by letter or by electronic means to the different customer service departments of airlines.
It is important to keep the ticket, baggage check and other documents used.
If the company’s response does not satisfy the passenger, a claim may be filed with AESA. It can also be processed when the a month without receiving a response from the airline. It is important to keep a copy of the claim filed together with the response and conversations with the airline in order to process the claim at AESA.
The airline must inform the passenger of the need to file the claim with AESA in a one year term from the presentation of the previous claim and the binding nature for the company of the decision adopted by the Agency
What flights can be claimed with the Agency?
AESA is the entity for alternative dispute resolution in the air transport sector, accredited and notified to the European Commission, which resolves passenger disputes regarding their compensation and assistance in the event of denied boarding and cancellation or long delay of flights.
It is also accredited to resolve conflicts that affect the rights of people with disabilities or reduced mobility in air transport.
The Agency is responsible for regulatory obligations on flights departing from a airport located in Spanish territory and of those who leave an airport in a third country and go to another in Spain when the airline is from the EU.
EASA has no jurisdiction over the flight of an EU airline departing from an airport of another EU country other than Spain or from outside the EU and is going to an airport located in an EU country other than Spain. However, you can transfer the claim to the competent authority of the EU country. This may mean an additional delay of 90 to 120 days over the deadlines set to resolve the dispute.
In those incidents that occurred outside the EU or that have a destination in an EU country with a non-European airline, the violation of passenger rights is subject to what is regulated in international conventions or to the regulations of the State where the incident occurred. In these cases, AESA cannot process this type of claim.
It is necessary to remember that the protection of passenger rights will not apply if you travel for free or with a reduced price ticket that is not directly or indirectly available to the public. On the other hand, the protective regulations do apply to tickets obtained with the points programs offered by airlines.
How is the claim and necessary documentation processed?
If the response from the airline does not satisfy the passenger or after a month without a response, the claim may be filed with AESA at no cost and without the need for a lawyer.
The claim can be filed online or before the AESA registry. To expedite management times, it is best to use the online form, which also allows you to check the status of the claim at any time through AESA’s electronic headquarters.
If it is submitted in writing, the necessary documentation will be sent to the State Aviation Safety Agency. Division of Quality and User Protection. Paseo de la Castellana 112, 28046, Madrid.
In both cases, a copy of the DNI, a legible copy of the claim filed plus a response from the company, if received, and a copy of the plane ticket must be attached to the form to claim before AESA.
It is recommended that the passenger provide a copy of the invoices for food and drinks consumed at the airport, the hotel invoice in case it is necessary to spend one or more nights, the transport invoices between the airport and the place of accommodation, invoices for telephone calls or emails made at the place where the incident took place (origin airport) and a copy of the ticket in case you have purchased alternative transportation on your own.
The term to resolve the claim by the director of the State Aviation Safety Agency and notify it is 90 calendar days counted from the date of receipt of the claim. Said period may be extended for the essential time to resolve when there is special complexity in the dispute.
Accreditation of the Agency and judicial process
For passengers, AESA’s decision is voluntary acceptance and its result is not binding.
Order TMA/201/2022 establishes that the Agency’s resolution is mandatory and binding for airlines and airport managers, without prejudice to their right to challenge the decision before the competent court.
To achieve this obligation, AESA is adapting its operation and procedures in order to be accredited as an alternative dispute resolution entity in the field of protection of air transport users. Accreditation is expected to arrive shortly.
From the Agency they assure that the “application for accreditation has already been sent and is in the process of evaluation. Once validated, the resolution of the Ministry of Transport, Mobility and Urban Agenda accrediting AESA as an alternative dispute resolution entity will be published in the BOE, and can be applied from the second day of the month following said publication”.
Once the procedure is enabled, the decision issued by AESA in the alternative dispute resolution will be binding on the airlines. In this way, if in one month from the date of notification of the decision, the airline does not attend to it -regardless of its challenge- the passenger may request its execution by presenting a executive demand before the competent courtfor which purpose it may obtain from the Agency the certification of the decision
Until the AESA accreditation arrives, Despite the fact that the report issued by the Agency is not binding on the passenger, it is common for airlines to attend to the passenger’s requests before their conclusion. and in cases in which the Agency’s resolution is favorable to the passenger but the company does not take care of it, it will be possible to go to court, for which the Agency’s report is very useful.
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