Identification data for the electronic processing of the procedure

Order TMA/201/2022 of 14 March 2022 regulating the procedure for alternative dispute resolution of air transport users on the rights recognised at European Union level in relation to compensation and assistance in the event of denied boarding, cancellation or long delay, as well as in relation to the rights of persons with disabilities or reduced mobility, was published in the Official State Gazette (BOE) on 17 March 2022.

Since the entry into force of the Order, AESA has adapted its operation and procedures in order to be accredited as an alternative dispute resolution entity in the field of protection of air transport users.

The Ministry of Transport, Mobility and Urban Agenda (MITMA) has published in the Official Gazette of 10 May 2023 the resolution accrediting the Agency as an entity for alternative dispute resolution in the field of air transport.

Taking into account the Third Final Provision ‘Entry into force and applicability’ of Ministerial Order TMA/201/2022, the procedure for alternative dispute resolution of air transport users is applicable to incidents occurring as of 02/06/2023 included.
 

This procedure is for air carriers, of mandatory acceptance and binding result, without prejudice to their right to challenge the Agency's decision before the competent court.

The airlines, airport managers and the rest of the subjects provided for in Article 14.2 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, are obliged to interact with the Agency through electronic means for the completion of any procedure of this procedure.

Air carriers operating in Spain, as well as the managers of Spanish airports in which passenger air transport operations are carried out, within ten days of the entry into force of this order, must provide the Agency with the identification data and any other necessary for the electronic processing of the complaint procedures provided for in this regulation. Click here for details to be provided by airlines.

Obligations of air carriers on passengers

The obligations for airlines to inform passengers since 02/06/2023 are as follows:

• They will inform passengers about the possibility of resorting to the Agency, the consumer arbitration system or the arbitration system for the resolution of complaints and claims regarding equal opportunities, non-discrimination and accessibility on the basis of disability, as appropriate, in the terms provided for in Article 40.2 of Law 7/2017, of November 2.
• When the resolution of the prior complaint is not completely satisfactory for the passenger, or within a maximum period of one month from the date of submission of the prior complaint, if it has not been answered, the airlines must inform the passenger of the possibility of appealing, for the resolution of the dispute, to the Agency, as an accredited entity for the alternative resolution of disputes in matters of air transport, in application of the provisions of Article 40.3 of Law 7/2017, of 2 November.
• inform the passenger that the complaint is inadmissible to the Agency after one year has elapsed from the lodging of the previous complaint; and the binding nature for the air carrier of the decision to be taken by the Agency. The information shall include the address of the Agency’s website
• In addition, in the event that the airline or airport manager is a member of the consumer arbitration system or the arbitration system for the resolution of complaints and claims regarding equal opportunities, non-discrimination and accessibility on the basis of disability, as appropriate, they will inform the passenger of this circumstance, as well as of the possibility of the latter to use that system to resolve the dispute and of the address of the institution's website.
• Air carriers and airport managers shall make available to passengers, at least in Spanish, a pre-claim form containing the fields set out in the form adopted for that purpose by the Agency, on their website and in customer service departments and services, including airline sales and customer service counters at airports. Air carriers and airport managers may complete such forms to collect other information they deem necessary to facilitate the handling of the complaint.

Quick Guide to Complaint Management for Airlines

Air carriers operating flights under the competence of AESA, whose claims are resolved through the RAL procedure, have a “carrier portal” to engage with AESA regarding complaints submitted by passengers.  

Access to the company portal requires identification.  

The company that has a Spanish CIF will be able to access it through the Cl@ve system. 

The company that does not have a Spanish CIF must register in the e4F system (Access request - eSignature for Foreigners) through which it will obtain the necessary credentials to access the portal. 

Once identified in the company portal you can make the arrangements with the help of:

• Quick Guide for the Use of the Airline Portal