Other incidents
Pre-contractual information
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.
PRE-CONTRACTUAL INFORMATION
The air transport service contractor shall inform the passenger, at the time of booking, of the identity of the operating carrier(s), regardless of the means used to make the booking.
When the operating airline(s) are changed after booking, the air transport service contractor shall take all appropriate measures immediately and irrespective of the reason for the change to ensure that passengers are informed as soon as possible.
In all cases, passengers will be informed at check-in, or at the time of boarding when no check-in is required for a connecting flight.
The airline or tour operator shall ensure that the relevant air transport service contractor is informed of the identity of the operating airline(s) as soon as this is known, in particular in the event of a change of such identity.
In some cases, a breach of the air transport contract may occur, if the passenger is not informed by the air transport service contractor, appropriately in a timely manner, of the identity of the operating airline. In this sense, AESA has no jurisdiction on the private contract of transport, nor can it process complaints or take legal action against the transport airlines for breaches thereof, since there is no legal binding between the airline and the aeronautical authority.
The legislation of reference in this case is Article 11 of Regulation (EC) No 2111/2005 of the European Parliament and of the Council, of 14 December 2005, on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier.
