Passenger rights
Cancellations
According to Regulation (EC) 261/2004, “Cancellation” refers to the non-performing of the scheduled flight in your reservation, and in which you had booked at least one place.
Also the anticipated alteration in the schedule of a flight will be subject to be qualified as cancellation if the new schedule advances the departure time by more than one hour.
The rights in case of a cancellation are as follows:
Right to Information
Passengers have the right to information, for this the airline must provide them with a form with the rights they are entitled to. In the event that it has not been delivered to you, apply to the airline. The information to be contained in that prospectus shall be similar to this.
Right to Care
- Sufficient food and drink
- Two phone calls or access to email
- Accommodation in hotel if it is necessary to stay overnight or if it is necessary a stay in addition to that provided by the passenger
- Transportation between the airport and the place of accommodation
Passengers also have the right of attention while waiting for their return or alternative flight, i.e. the airline has to give them:
Do not forget that if the carrier does not comply with its obligation to provide the indicated care free of charge, the passenger must keep the receipts of the expenses incurred and subsequently claim them from the airline.
Right of Reimbursement or to Alternative Transportation
- Reimbursement of the cost of the ticket within 7 days (with return to the airport of origin in case the passenger is on a connection if his trip is no longer necessary). The refund may be made in cash, bank transfer, cheque or travel vouchers or other services (subject to agreement signed by the passenger)
- Rerouting to your final destination as quickly as possible and under purchaseable transport conditions
- Re-routing at a later date convenient to the passenger. (In case of choosing this option, the passenger ceases to have a right of attention from that moment on)
Passengers have the right to have the company offer them the option to choose from one of the following options:
Do not forget that if the company does not comply with its obligation to provide them with the choice between the 3 options above and you choose to buy your own ticket, you must keep the receipt and the new boarding pass to claim them from the airline.
Remember that the alternative transport offered by the carrier must be the one that allows you to arrive as quickly as possible to your destination, including flights with other airlines and other possible means of transport with comparable conditions.
Right to Compensation
- The airline has informed you of the cancellation 14 days before the scheduled flight,
- The airline has informed you of the cancellation between two weeks and 7 days before the scheduled flight and has offered rerouting that departs no more than 2 hours in advance and arrives at the final destination with less than 4 hours delay.
- The airline has informed you of the cancellation less than 7 days in advance and has offered rerouting which departs no more than 1 hours in advance and arrives at the final destination less than 2 hours late; or
- The airline can prove that the cancellation was caused by extraordinary circumstances.In addition, it must demonstrate that it has done everything possible to avoid cancellation.
Passengers are entitled to financial compensation ranging from EUR 250 to EUR 600, depending on the distance of the flight, although these amounts can be reduced by 50 % if the airline offers rerouting and meets a number of requirements as to the time of arrival to the final destination.
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Flight distance |
Compensation |
50% reduction if the arrival delay of the alt. transport is less than |
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Up to 1,500 km |
250 € |
2 hours |
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All intra-community flights of more than 1,500 km and for all other flights between 1,500 km and 3,500 km |
400 € |
3 hours |
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More than 3,500 km |
600 € |
4 hours |
The airline is not required to pay compensation in the following cases:
Extraordinary circumstances
- Political instability in the country of origin/destination
- Weather conditions incompatible with the performance of the flight.
- Security risks.
- Unexpected deficiencies in flight safety.
- Strikes affecting the operations of an operating air carrier.
According to Regulation (EC) 261/2004 cases that can be considered as extraordinary circumstances are the following possible incidents:
All these extraordinary circumstances must be duly justified in order to be considered as such.
Successive judgments of the European Court of Justice create jurisprudence and binding character in the Member States of the European Union. That is why, in addition to Regulation (EC) No 261/2004, these judgments must be considered when determining which incidents are to be considered as extraordinary circumstances and which are not.
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SENTENCE |
EXTRAORDINARY CIRCUMSTANCE |
|---|---|
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A collision between an aircraft and a bird constitutes an extraordinary circumstance which may exempt the carrier of its obligation to compensate passengers. |
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Strikes of the airline own staff cannot be regarded as extraordinary circumstances |
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The only failures that can be considered as extraordinary circumstances are breakdowns due to bird impacts, FOD (Foreign Object Debris) on runways and those detected by the manufacturer and affecting the entire fleet of aircraft. |
The Spanish Aviation Safety and Security Agency, in the process of resolving the corresponding complaint, shall assess the acceptance or not of the existence of an extraordinary circumstance in the case studied.
How to file a complaint with AESA?
If you want to file a claim for a change of class you can consult here, if your flight falls within the scope of Regulation 261/2004 and if EASA is the competent authority to resolve your complaint.
If your flight is prior to 01/06/2023 included click here to access the procedure to complain to EASA due to an incident referred to in Regulation 261/2004.
If your flight is after 02/06/2023 included click here to access the procedure to complain to EASA due to an incident referred to in Regulation 261/2004
On which flights does Regulation 261/2004 apply?
- Depart from a European Union airport as well as Iceland, Norway and Switzerland;
- Depart from an airport in a third country and are bound to a European Union Airport as well as Iceland, Norway and Switzerland, when the airline is a Community one (Of the European Union)
- Depart from an airport located in the Spanish territory and are bound to any destination;
- Depart from an airport in a third country and are bound to an airport located in the Spanish territory, when the airline is a Community one (Of the European Union).
Passenger rights are regulated by European Regulation (EC) 261/2004. Regulation 261/2004 regulates passenger rights in cases of denied boarding, long delay cancellation and change of class.
The Regulation applies to all flights that:
In particular, the Spanish Aviation Safety and Security Agency has jurisdiction to ensure compliance with the obligations laid down in Regulation (EC) 261/2004 on flights that:
The Spanish Aviation Safety and Security Agency cannot act when the airline operating the flight is not of the European Union and the flight on which the incident occurred departed from an airport outside the European Union; consequently, the infringement of passenger rights is subject to the provisions of the International Conventions or, where appropriate, to the rules of the State where the incident occurred.
Remind that the Regulation will not apply if you travel with a ticket free of charge or with a reduced-price ticket that is not directly or indirectly available to the public. Otherwise, the Regulation will apply to tickets obtained through frequent-flyer programs offered by airlines.
Click here to access the procedure to file a complaint with AESA due to an incident covered by Regulation 261/2004.
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