Regulations on passenger rights and flights on which they apply

Regulations on Passenger Rights

Air transport, by its very nature, transcends national borders which determines that essential aspects of its regulation are established by international and European Union legislation.  Passenger rights are set out in the following European Regulations:

• Regulation (EC) No 261/2004, of the European Parliament and of the Council, of 11 February 2004, laying down common rules on compensation and assistance to air passengers in the event of denied boarding and cancellation or long delay of flights.
• Regulation (EC) No 1107/2006, of the European Parliament and of the Council, of 5 July 2006, on the rights of persons with disabilities or reduced mobility in air transport.

In accordance with the Regulations, each EU Member State shall designate a body responsible for monitoring compliance with the Regulations in its territory.

In the case of Spain, the authority responsible for ensuring compliance with the Regulations indicated above is the Spanish Aviation Safety and Security Agency (AESA).

AESA is the competent body designated to process passenger complaints relating to compliance with the Regulations mentioned above (denied boarding, cancelations, delays, upgrading or downgrading and Reduced Mobility person)

To see the procedure to claim before AESA for flights before 01/06/2023 included (informational way), click here. 
 
To see the procedure to complain to AESA for flights after 02/06/2023 included (alternative dispute resolution), click here.

For information about other disputes between the passenger and the airline over matters not contained in these Regulations (e.g. disputes about luggage, tickets, quality services, travel agencies, package travel, contract  of transport, pre-contractual information or reimbursement of charges ) you can check here how to proceed.

Flights on which Regulations apply

The Regulation (EC) No 261/2004 applies to all flights that:

• Depart from a European Union airport as well as Iceland, Norway and Switzerland;
• Depart from an airport in a third country and are bound to a European Union Airport as well as Iceland, Norway, and Switzerland, when the airline is a Community one (Of the European Union)

The provisions of Regulation (EC) 1107/2006 apply to persons with disabilities or reduced mobility who use or intend to use commercial passenger flights departing, arriving or transiting airports located in the territory of the European Union.

Incidents ocurred in Spain

The Spanish Aviation Safety and Security Agency has jurisdiction to ensure compliance with the obligations laid down in Regulation (EC) 261/2004 on flights that:

• Depart from any airport located in the Spanish territory 
• Depart from any airport in a third country and are bound to an airport located in the Spanish territory, when the airline is a Community one (Of the European Union).

If your incident took place on one of the flights mentioned above where AESA is competent (flights departing from Spain or flights bounded to Spain from a third country with a Community airline), you may file a complaint with this Agency , if your incident was due to any of the following causes (click on each one to know your rights):

• Flight Delay
• Flight Cancellation
• Denied boarding
• Upgrading and downgrading

Remind that the Regulation will not apply if you travel with a ticket free of charge or with a reduced-price ticket that is not directly or indirectly available to the public. Otherwise, the Regulation will apply to tickets obtained through the point programs offered by airlines.

The Spanish Aviation Safety and Security Agency has jurisdiction to ensure compliance with the obligations laid down in Regulation (EC) 1107/2006 applicable to persons with disabilities or reduced mobility on commercial flights departing, arriving or transiting airports located in the Spanish territory.

If your complaint is related to your reduced mobility condition  and occurred in a flight departing, arriving or transiting a Spanish airport, you may file the complaint with AESA . Click in the following link to know your rights

• Reduced Mobility Person (PRM)

The Spanish Aviation Safety and Security Agency cannot act when the incidents occurred in another European country or in a non-EU country. The infringement of passenger rights is subject to the provisions of the International Conventions or, where appropriate, to the rules of the State where the incident occurred.

Incidents ocurred in another European country

If your flight:

• Departs from an airport located in another European country not located in the Spanish territory 
• Departs from an airport in a third country and is bound to an airport located in an European country not located in the Spanish territory, when the airline is a Community one (Of the European Union).

AESA is not competent to process your complaint and the competent one is the Authority from the corresponding state.

In the following lists you can find the contact information of each national authority and their website. In some cases, you can also find an online form to submit your complaint directly to the competent body more quickly and conveniently.

• Competent Authorities 261/2004
• Competent Authorities 1107/2006
• Alternative dispute resolution bodies 261/2004
• Alternative dispute resolution bodies 1107/2006

However, if you wish AESA to refer your complaint to the national body responsible for it, you can file the complaint with AESA and we will send it to the authority of the country in which the incident occurred (if it is an EU country). The processing times could include an additional delay from 90 to 120 days respect of the deadlines set by the Competent Authority of the responsible country.

Also, please DO NOT file the complaint with AESA, if you have already filed the complaint directly with the Authority of another country.

Incidents ocurred in a non-EU country

In this case, the following flights are included:

• Flights between non-EU countries
• Flights from a non-EU country and destination to an EU country with a non-EU airline

In such cases, the non-compliance of passengers' rights is subject to the provisions of the International Conventions or, where appropriate, to the rules of the State where the incident occurred.

AESA cannot process such complaints. Please, contact the Competent Authority on passenger rights in the country where the incident occurred.