Contract of Transport

The Spanish Aviation Safety and Security Agency has, among others, the competence to ensure compliance with the rules relating to the protection of the air transport user. In particular, ensuring compliance with 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 of cancellation or long delay of flights, and upgrading and downgrading.

AESA is the responsible body designated to process complaints relating to compliance with Regulations (EC) 261/2004 and 1107/2006. Disputes between passengers and airlines over matters not covered by these Regulations should be resolved in the courts of justice.

In order to provide information on other user rights, various types of incidents NOT related to Regulations (EC) 261/2004 and 1107/2006 are indicated below with information relevant to the passenger concerned.

Boarding Pass Collection

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Airlines may require a charge for issuing the boarding passes at the airport. Although it is a clause that appears in the contract of transport and the passenger voluntarily accepts at the time of contracting, it can sometimes become abusive and therefore null and void. Therefore, in the event of disagreement with that clause, the solution to that dispute is to settle it in your local Commercial Courts.

Baggage Check-in Collection

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The requirements established by the airline on carry-on baggage should be included in the contract of transport. If your carried baggage does not meet these requirements, you should get subjected to the requirements of the contract of transport. It is the responsibility of the passenger to ensure that his/her baggage complies with the requirements of the airline. 

As for checked-in baggage, airlines can set an optional charge on the price of the ticket. Although, in any case, the final price of all the services offered should be listed or indicated before the final purchase is made.

As regards the charge for baggage check-in, the Court of Justice of the European Union (Fifth Chamber) in Judgment of 18 September 2014, Case C-487/12, ruled in that respect. The Judgment concerns the interpretation of Article 22(1) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council, of 24 September 2008, on common rules for the operation of air services in the Community, on the principle of free pricing.

 

Personal injury/death

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In the event of bodily injury or death, the carrier is liable for damage caused by the sole reason that the accident that caused the death or injury occurred on board the aircraft or during any of the boarding or disembarkation operations (Montreal Convention, Article 17.1).

In the event that disputes cannot be resolved with the airline, as this is a private matter, the only way to settle the dispute would be bringing it up to the courts of justice.

The legislation applicable to personal damage or injury are set out in the Montreal Convention, ratified by Spain in 2004 (BOE No. 122 of 20 May 2004) or  Regulation No. 889/2002 of the European Parliament and of the Council, 13 May 2002, amending Regulation No 2027/97 of the Council, of 9 October 1997, on air carrier liability in the event of accidents, the airline being responsible for repairing or restoring the damage caused, unless it can prove causes not attributable to its liability.