Procedure to submit a complaint to AESA. Regulation No.261/2004

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

Action in AESA and deadlines

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After filing a complaint with AESA, the Agency will review whether there was a breach of Passenger Rights Regulation (EC) 261/2004 and will request the airline information on the facts, collecting the necessary additional information and examining whether or not the airline complied with the provisions of that Regulation.

After the examination of it, AESA will send the applicant and airline, within 90 days (or 120 days in certain cases) as from the receipt of the complaint, a report highlighting what his/her rights are and, where appropriate, the necessary instruments so that they can be restored.

In the event that AESA report is favorable for the passenger but it is not complied by the airline, the only option would be to go to court and in that event the AESA favorable report will be very useful

 

 

Complaint to the Airline

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The first step before you can file a complaint with AESA is to file a complaint with the airline responsible for the incident.

You can do this through the complaints sheets that are usually available at airline information desks or ticket sale points at airports or by using the form below to file a complaint with an airline/airport manager.
The complaint should be addressed directly to the airline customer service department, either by letter or by electronic means if available. List of Airline Customer Services.

The ticket, baggage check and other documents used should be kept. In addition, the complaint should be clear, concise and legible. It is important to accurately record the date, time, place and causes of the complaint as well as the personal data of the complainant and of his/her flight.

As soon as you receive a response from the airline, you may file a complaint with AESA, if the airline response does not satisfy you.

After a month without receiving a response from the airline, you may file a complaint with AESA.
You should keep a copy of the complaint filed with the airline in addition to the response, if any, and the correspondence with the airline in order to file the complaint with AESA.

 

Complaint to AESA

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After receiving the response to the complaint filed with the airline or after one month without obtaining a response from the airline, you may initiate the formalities to file the complaint with AESA.

You can file a complaint with AESA free of charge. There are two ways to file the complaint (only one of the two ways will be accepted):

Online Submission: This allows you to submit the complaint from your own address by filling out the form at AESA Online Services. You need to have the documents that will be indicated to you when accessing the online presentation in digital format in order to attach them. Each file may not be greater than 2Mb, and the total of all of them will not be greater than 6Mb.

Access to the Online Submission
Remind that if you submit your complaint this way, you will be able to see at any time the state of you claim, on the AESA Electronic Site.

Submission through the register: You should send to the following address: Agencia Estatal de Seguridad Aérea. División de Calidad y Protección al Usuario. Paseo de la Castellana 112, 28046, Madrid, the following documentation:

• The form to submit the complaint to AESA 
• Copy of the ID
• Legible copies of the communications maintained with the airline. (Complaint submitted and response from the airline, if received) 
• Copy of your flight ticket 
• Any other documents of interest.

To speed up the processing time of your complaint we recommend you to submit it through the online form. 

In the event of submitting the same complaint through more than one way, the Agency reserves the right not to process the complaint.
Any other documents of interest:

• Copy of the invoices of meals and refreshments invoices consumed at the place where the incident occurred (airport of origin).
• Copy of the hotel invoice, if it was necessary to stay one or more nights, or if an additional stay was necessary.
• In the event that the previous point (hotel stay) was necessary, copies of the transport invoices between the airport where the incident occurred (airport of origin) and the place of accommodation (hotel or others).
• Copies of the phone call invoices made or emails sent from the location where the incident occurred (airport of origin) 
• Copy of the ticket if you purchased an alternative transportation on your own.

 

Courts of Justice

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If the solution offered by the airline does not fully satisfy you or the airline does not act in accordance with the provisions of the report issued by AESA, you may go to the courts of justice filing a claim against the airline to defend  your rights and request compensation by damages, if you consider it is convenient.

In this regard, we inform you that AESA has no competence in the private contract of carriage and cannot submit complaints or exercise legal action against airlines, since there is no legal link between the carrier and the aeronautical authority.

 

Air Transport Users Service Letter

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The Air Transport User Service is a unit of the Division of Quality and User Protection, of the Directorate of Civil Aviation Safety and User Protection. It aims at advising and informing air passengers on the rights assisting them as well as about the ways available to submit their complaints. In addition to protecting passengers and mediating in disputes that may occur between passengers and air operators and, where appropriate, with the airport management, in relation to all matters that are AESA competence in the field of passenger protection.
 
In the Air Transport Users Service Letter you can read the commitments that the Spanish Aviation Safety and Security Agency (AESA) has with air transport users.
You can read the AESA Annual Activity Report on Passenger Rights clicking here.

For further information you can call, from 8:30 to 14:30, Monday to Friday, at the phone: +34 91 396 82 10, or request it by email on: sau.aesa@seguridadaerea.es