Procedure to complain to AESA for cancellations, delays, denied boarding and PMR in air transport for flights after 02/06/2023 included (alternative dispute resolution)

What can be claimed

• Cancellation.
• Delay of 3 or more hours.
• Flight ahead more than an hour.
• Denial of boarding without justified reason.
• Change of class (if you were lowered to a lower one).
• Problems related to the rights of persons with disabilities or reduced mobility (PRM).

• You can use this procedure if:

• Your flight left a Spanish airport, or
• It arrived in Spain from outside the EU and at least one section was operated by an EU airline.

What can't be claimed

• Loss, damage or delay of luggage.
• Service quality issues, rates, fees, contracts, package travel, travel agencies, or data protection.
• Cases in which the flight operated normally but you decided not to travel.
• Flights prior to 1 June 2023 (in this case, the information route is used).
• Flights that:
  • They leave another EU country.
  • They leave a third country and do not arrive in Spain.
  • They leave a third country and arrive in Spain, but are not operated by a European company.

If your flight is from another EU country, you must complain to the authority of that country.

Before claiming AESA

Before going to AESA you have to first claim from the airline:

1. Do it within 5 years of the incident, by their website or customer service email.
2. Save your ticket, boarding passes, mails and invoices.
3. If you do not receive a response in 1 month, or are not convinced, you can claim AESA.
4. You have 1 year from your previous claim to submit your application to AESA.

If you have already initiated a lawsuit, AESA cannot process your claim.

How to file your claim

You have three options:

1. Telematic processing (recommended)

• At AESA’s website, click on ‘Proceed’ → ‘New electronic application’.
• You will need a valid means of identification:
  • Digital certificate or electronic ID.
  • Cl@ve Permanent or EU Citizens.
  • e4F system (for foreigners without Cl@ve, with prior registration).
• If your certificate gives error, you can do a test on the AESA website and write to cau.aesa@seguroaerea.es attaching the result.

Mandatory for associations, companies or professionals claiming on behalf of passengers. Cl@ve PIN only serves to view notifications, not to sign or send the claim.

2. Semi-face-to-face processing (without electronic identification)

• This option is only for natural persons (not companies or associations).
• At AESA’s website: “Proceed” → “New semi-presencial application”.
• Fill out the application, download it, sign it by hand and present it in an official register.
• If you are missing any documentation or other, the application can be filled out at another time. To do this, keep the code that appears initially and that will serve to continue later. It is a number of the type “EFDqga/sihE8qSmBAN2LeruvyeEZ/EVkLq7tbIzGMCs”. The application is kept for 3 months to finalize it.
• The complaint will appear under “My Applications” once AESA receives the signed form.

3. Face-to-face processing (on paper)
Only natural persons (not entities or professionals) can use this route.

1. Reúne toda la documentación necesaria

2.Descarga, cumplimenta y firma el formulario.

• Cancelación
• Retraso
• Denegación de Embarque
• Cambio de clase

3. Send your complaint to:

Agencia Estatal de Seguridad Aérea (AESA)
Passenger Rights Division
Paseo de la Castellana 112, 28046 Madrid

Or submit it to:

• Official records of the Administration (AGE, Autonomous Communities, municipalities, public universities).
• Post Offices or Consulates of Spain.
• The European online dispute resolution platform (https://ec.europa.eu/consumers/odr).

If you send the same complaint by several means, AESA will only process one.

Documents you must attach

• AESA complaint form (downloaded or filled in online).
• If there is more than one passenger, authorization of representation of the representative to each of the passengers represented. If there are minor passengers, they will be represented passengers.
• Copy of your ID / passport and the people you represent.
• Document proving the filiation of minor passengers
• Copy of the previous complaint to the airline and its response (if any).
• Ticket or boarding pass.
• Bills or tickets for meals, hotels, transportation or calls if you claim expenses.
• Re-routing ticket if you paid for it.

You can consult the Passenger Rights Claims Quick Guide Ed.02.pdf

Check the status of your claim

You can follow the status at any time from the AESA electronic headquarters using your certificate, DNIe, Cl@ve Permanente or e4F.

What AESA does with your claim

1. Analyze the case and ask for information from the company (which is obliged to respond).

2. Gives hearing process to both parties and can ask for more information.

3. Issues a decision within 90 calendar days of having all the documentation (can be extended if the case is complex).

• Hearing procedures and evidence pause the deadline.

AESA Decision

• Es vinculante para la compañía aérea, que tiene 1 mes para cumplirla y acreditarlo ante AESA.
• No es vinculante para ti: si no estás conforme, puedes ir a los tribunales.
• Si la compañía no cumple en un mes, puedes pedir su ejecución judicial. La resolución lleva un Código Seguro de Verificación (CSV) que acredita su validez.

Si AESA no responde, el silencio administrativo se considera desestimatorio.

Deadlines

If the company does not comply

• If the airline does not comply with the decision within 1 month, you can go to court and ask for its direct execution.
• AESA's decision is valid as an official document for the judicial process.
• Although resolution is mandatory for the company, you can still sue if you disagree.

Remember:

• Claiming at AESA is free.
• You can withdraw at any time and go directly to court.
• If you go to trial earlier, AESA will not be able to process your claim.