Procedure to complain to AESA for cancellations, delays, denials of boarding and PMR in air transport for flights prior to 01/06/2023 included (via information)

    NOTICE: The deadlines for resolving claims are being delayed due to the high number of complaints received at EASA as a result of several incidents with particular impact on flight delays and cancellations. AESA is working to restore the usual processing deadlines.

    Submission of passenger complaints in the form of information in the field of regulations:

    • Regulation (EC) No 261/2004 and concerning refusals of boarding, long delays, cancellations and change of class
    • Regulation (EC) No 1107/2006 on the rights of persons with disabilities or reduced mobility in air transport.

    Passengers may submit complaints on an informative basis regardless of their nationality departing from:

    • an airport located in Spanish territory; or,
    • an airport located in a country that is not a member of the European Union, bound for another on Spanish territory, when a Community air carrier participates in the transport operation.

    See below:

What can be claimed in an informative way


    You can claim information if your flight is dated 01/06/2023 or earlier and you have suffered any of the following incidents:

    • cancelled flight;
    • delayed flight 3 hours or more;
    • advance flight more than one hour;
    • unjustified denial of boarding;
    • class change; O 
    • incidents affecting the rights of persons with reduced mobility (PMR).

    They cannot be claimed for information before AESA:

    • Claims about rights or incidents other than those mentioned above such as baggage claims, quality of service, contract of carriage and its clauses, damages, fees and fees, business practices, travel agencies, package travel, data protection, and those in which the flight normally operates but the passenger decides not to fly. You can find useful information about how you should claim in these cases at: Other incidents not related to cancellations and delays
    • Claims for cancellations, delays, denials of boarding and rights of persons with reduced mobility (PMR) in air transport for flights after 02/06/2023 included. To do this you can complain to AESA using the alternative dispute resolution
    • Nor can AESA claim flights that:
      • have their first exit point in another EU country; or,
      • have their first point of departure outside the EU and their last point of arrival is not in Spain; or,
      • have your first point of departure outside the EU and your last point of arrival if you are in Spain, but you are not transported by a Community carrier;

    If the complaint is resolved by another EU Member State, we recommend that you file your complaint directly with the designated authority in that country. To know the procedure to follow click here;

     

     

When to claim information


    If after having claimed from the company, you consider that your rights as a passenger under the European Regulations (see here your rights) have not been taken care of or more than one month has elapsed since you have made your claim without having received a response from the company, then you can file your claim with AESA.

    Here are the steps:

    1. You must start by making a complaint to the relevant airline. You must do so within five years since the incident occurred and by the means designated by the company for submission (website, email, etc.), through the airline’s own claim sheets, or failing that using the form to complain to an airline that AESA makes available to all passengers. When filing your claim please note that:
      • You can use electronic means if the company has them or in writing to your customer service department. You can consult the addresses if necessary in the Air Companies Customer Service List.
      • It is important that you keep the ticket, luggage heel and other documents used. The complaint must be clear, concise and legible, and it is important to accurately record the data requested in order to identify you and the flight that suffered the incident (including the date, time, place and causes of the claim, as well as the claimant’s personal data and your flight).
    2. If you do not receive a response from the company within one month, or this is not satisfactory, you can then file a claim with AESA at no cost.

Where to claim through the information channel


    To file a complaint with AESA on an informative basis, you can do so by:

    1. Online presentation: It allows you to submit the claim from your own address by filling out the form found on the AESA website. You will need to have the documents indicated to you in digital format in order to be able to attach them. Each file may not occupy more than 2Mb, and the sum of all no more than 6Mb.

    Remember that, if you file your claim by this way, you can consult at any time the state in which it is located through the electronic office of AESA. Access to the online presentation

    1. Submission by registration: You must send to the following address: State Aviation Safety Agency. Passenger Rights Division. Paseo de la Castellana 112, 28046, Madrid,

    Presenting at:

    in the register of:

    a. AESA;

    b. AGE bodies;

    c. Bodies of the Autonomous Communities;

    d. Local government bodies;

    e. Public universities;

    f. Other institutional public sector entities;

    at Post Offices, as established by regulation;

    in the diplomatic representations or consular offices of Spain abroad;

    in the registries assistance offices; Y

    Attaching the following documentation: 

    1. The form to complain to AESA
    2. Copy of the identity document and that of the passengers represented together with the corresponding proofs of representation (signed authorisation or family book in the case of minors).
    3. A legible copy of your communications with the air carrier. (Claim filed further response from the company if received)
    4. A copy of your plane ticket and other documentation of interest.
    5. If you claim expenses must be borne by copy of the food and beverage invoices claimed according to the waiting time; hotel invoice, in case it would have been necessary to stay overnight one or more nights, and, where applicable, transport bills between the airport where the incident took place and the place of accommodation; as well as a copy of the invoices for telephone calls or claimed emails;
    6. Copy of the transport ticket if you have purchased an alternative transport on your own showing the cost of the transport ticket.

    In the event that the same complaint is received in EASA by more than one way, only the first one received in EASA will be processed, and the subsequent ones will not be accepted.

Required documentation


    Claim form, prior claim to the airline, identity documents of all passengers, accreditation of representatives where applicable, documentation related to the contract of carriage (tickets, boarding passes, etc.) and invoices of expenses if applicable.

Access to the State of a complaint


    For those complaints in informative form submitted through the online form, the passenger can access at any time to consult the status of processing their claim. To do this, you must access the link below indicating the pre-assignment file number or the final one (if the application has already been validated), as well as the email address you indicated in the submission of the complaint.

    Please note that you will only be able to check the status of processing in those claims that have been submitted online.

    Access to consultation status of processing

Action by AESA


    After lodging a complaint with AESA, AESAwill analyse whether there has been a breach of Passenger Rights Regulation (EC) 261/2004 and will ask the air carrier for information on the facts, collect the necessary additional information and examine whether or not the air carrier has complied with the provisions of the European Regulations.

    Once analysed, AESA will send a report to the applicant and the airlines, highlighting and informing you of your rights and, where appropriate, the instruments necessary for them to be returned.

    However, if the airline still does not comply with the AESA report, the only option would be to go to court for which the positive report of AESA will be very useful.

Possible resources


    The report issued by AESA is not binding on the parties, so AESA cannot compel airlines to comply with the report issued.

    If despite AESA´s involvement in the processing of the claim, the solution offered by the company does not fully satisfy the passenger or the company does not respond to the report, the passenger can go to the courts of law to have his rights restored and seek compensation for damages, if he deems it appropriate.

Effects of administrative silence (depending on the starting form)


    Since it is an information act which is not the result of an administrative procedure, silence has no effect

     

     

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