Information for airlines

Applicable legislation

Air transport is governed by international and European Union regulations.
Passenger rights are mainly set out in:

• Regulation (EC) No 261/2004: compensation and assistance in cases of denied boarding, cancellations and long delays.
• Regulation (EC) No 1107/2006: rights of disabled persons and persons with reduced mobility (PRM).

Each Member State should designate an authority responsible for supervising these Regulations.

In Spain, the designated authority is EASA.

Mandatory passenger information

In the event of denied boarding, cancellation or long delay, airlines must provide each passenger with an information leaflet with a summary of their rights.
AESA offers a downloadable brochure model.

Alternative Dispute Resolution (ADR)

(Procedure applicable since 02/06/2023)

• Legal framework
  • Order TMA/201/2022 regulates the ADR procedure.
  • On 10 May 2023, MITMA accredited AESA as an alternative dispute resolution entity.
  • Applies to incidents occurring as of 02/06/2023.
• Nature of the procedure
  • For airlines, the ADR procedure is mandatory and its outcome is binding.
  • Companies can challenge the decision in court.
  • If the passenger has already initiated legal proceedings, AESA does not accept the claim.
• Mandatory electronic communication

The airlines, airport managers and the rest of the subjects of Article 14.2 of Law 39/2015 must communicate exclusively by electronic means with AESA throughout the procedure.

Companies and managers must provide AESA, within 10 days of the entry into force, with their identification data to process complaints electronically.

Obligations of air carriers

As of 02/06/2023, companies must comply with certain obligations. Carriers must inform passengers of:

1. Options for resolving conflicts

You should inform about the possibility of resorting to:

• EASA (RAL procedure),
• the consumer arbitration system,
• the equality/disability arbitration system;
• where applicable (Article 40(2) of Law 7/2017).

2. What to do after the previous claim

If the resolution of the previous complaint does not satisfy the passenger, or if it has not been answered in a month, the company must inform that it can appeal to AESA (Article 40.3 of Law 7/2017).

3. Time limits and effects

The company must report that:

• the complaint to EASA shall be inadmissible if it is submitted more than one year after the previous complaint;
• AESA's decision is binding on the company.

4. Other resolution systems

If the company or the manager is attached to an arbitration system, it must inform and indicate the corresponding website.

5. Mandatory forms

Companies and managers must offer passengers, at least in Spanish:

• a pre-complaint form,
• with the fields included in the official form adopted by EASA.

They can add additional information if they find it useful.

Airline portal - Claims management

Airlines operating flights under AESA's competence have a dedicated portal to handle RAL claims.

Access

• Companies with Spanish CIF: access through Cl@ve.
• Companies without Spanish CIF: they must register in the e4F system to obtain credentials.

Aid:

Once identified in the company portal, the company can use these guides to track claims:

• Quick guide for companies (Spanish).
• Quick Guide for the Use of the Airline Portal (english).