Package Travel

    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.

    PACKAGE TRAVEL

    A package travel is the previous combination of, at least, two of the following items, sold or offered for sale at an overall price, where the said provision exceeds twenty-four hours or includes one night-stay:

    • Transport
    • Accommodation
    • other tourist services not accessories of transport or accommodation and constituting a significant part of the package travel.

    Regulation 261/2004 shall not apply where a package travel is cancelled for reasons other than the cancellation of the flight. In this case, the incidents occurred due to the cancellation of the package travel are the responsibility of the consumer or tourism authorities of the concerned Autonomous Community.

    The regulation on package travel is contained in Articles 150 and following of Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, amended by Royal Decree-Law 23/2018, of 21 December  transposing directives on issues related to trademarks, rail transport and package travel, and related travel services.

    The aforementioned Royal Decree-Law, in Article 160, contains the conditions of resolution, cancellation and right of withdrawal before the start of the travel.

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