Information for Airport Managers

Air transport, by its very nature, exceeds national borders which has determined that essential aspects of its regulation are established in international and European Union legislation. In particular, passenger rights are set out in the following European Regulations:

-Regulation (EC) No 261/2004 of the European Parliament and of the Council, of 11 February 2004, establishing common rules on compensation and assistance to air passengers in the event of denied boarding and cancellation or long delay of flights.

-Regulation (EC) No 1107/2006  of the European Parliament and of the Council, of 5 July 2006, on the rights of persons with disabilities or reduced mobility in air transport.

In accordance with Regulation (EC) 261/2004,  each EU Member State shall designate a body responsible for supervising compliance with the Regulation for those flights on which that State has jurisdiction.

In the case of Spain, the Authority responsible for ensuring compliance with the Regulations indicated above is the Spanish Aviation Safety and Security Agency (AESA).

Click here to learn about all related legislation on Air Transport Passenger Rights.

 

Alternative dispute resolution procedure in the field of protection of air transport users.

Identification data for the electronic processing of the procedure

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The Official State Gazette (BOE) published on 17/03/2022 Order TMA/201/2022 of 14 March 22 regulating the procedure for the alternative resolution of disputes of air transport users on the rights recognised within the European Union in respect of compensation and assistance in the event of denied boarding, cancellation or long delay, as well as in relation to the rights of persons with disabilities or reduced mobility.

Since the entry into force of the Order, EASA has adapted its operation and procedures in order to be accredited as an alternative dispute resolution entity in the field of protection of air transport users.

The Ministry of Transport, Mobility and Urban Agenda (MITMA) has published in the BOE of 10/05/2023 the resolution that accredits the Agency as an alternative dispute resolution entity in the field of air transport.

Taking into account the third final provision “Entry into force and applicability” of Ministerial Order TMA/201/2022, the alternative dispute resolution procedure for air transport users is applicable to incidents occurring from 02/06/2023 included.
 

This procedure is for previously adhered airport managers, with mandatory acceptance and non-binding result, and for the rest of the managers, voluntary acceptance and non-binding result.

Airlines, airport managers and the rest of the subjects provided for in Article 14.2 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, are obliged to interact with the Agency through electronic means to carry out any procedure of this procedure.

Air carriers operating in Spain, as well as managers of Spanish airports where passenger air transport operations are carried out, within 10 days of the entry into force of this order, must provide the Agency with identification data and any other data necessary for the electronic processing of the complaint procedures provided for in this rule. Click here to see the data to be provided by airport managers. 

Obligations of airport managers to inform passengers

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The obligations acquired by airport managers to inform passengers from 02/06/2023 are as follows:

• They will inform passengers about the possibility of appealing to the Agency, the consumer arbitration system or the arbitration system for the resolution of complaints and complaints regarding equal opportunities, non-discrimination and accessibility on the basis of disability, as appropriate, in the terms provided for in Article 40.2 of Law 7/2017, of 2 November.
• Where the resolution of the previous complaint is not entirely satisfactory for the passenger, or within a maximum period of one month from the date of submission of the previous complaint, if the complaint has not been answered, the airlines must inform the passenger of the possibility of appeal, for the resolution of the dispute, before the Agency, as accredited entity for the alternative resolution of disputes in air transport, in accordance with the provisions of Article 40(3) of Law 7/2017, of 2 November.
• inform the passenger that the complaint is inadmissible to the Agency after the expiry of the period of one year after the submission of the previous complaint; and of the binding nature of the decision taken by the Agency on the air carrier. The information shall include the address of the Agency’s website.
• In addition, in the event that the airline or airport manager is adhered to the consumer arbitration system or arbitration system for the resolution of complaints and complaints regarding equal opportunities, non-discrimination and accessibility on the basis of disability, as appropriate, they will inform the passenger of this circumstance, as well as of the passenger’s possibility of using that system to resolve the dispute and the address of the institution’s website.
• Air carriers and airport managers, on their website and in customer service departments and services, including airline sales and customer service counters at airports, shall make available to passengers, at least in Spanish, a prior complaint form containing the fields provided for in the form adopted for that purpose by the Agency. Air carriers and airport managers may complete these forms in order to collect other information they deem necessary to facilitate the handling of the complaint.