Other incidents
Reimbursement of Charges
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.
REIMBURSEMENT OF CHARGES
The passenger may request the airline to reimburse the charges when he/she did not use the contracted service, for reasons beyond his/her control.
According to Law 8/1989, of 13 April, on Public Fees and Prices Article 12, concerning reimbursement, it is stated that "the reimbursement of the fees that would have been required shall be made, where its taxable act is not carried out due to causes not attributable to the taxable person".
In the event that disputes cannot be resolved with the airline, as this is a private matter, the way to settle the dispute would be bringing it up to the courts of justice.
