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 Regulation (EC) 261/2004, each EU Member State shall designate a body responsible for monitoring compliance with the Regulation for flights on which that State has jurisdiction.

    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).

    Remind that AESA is the competent body designated to process complaints relating to compliance with Regulations (EC) 261/2004  and 1107/2006 . Disputes between the passenger and the airline over matters not contained in these regulations should be resolved in the courts of justice.

     

Flights on which Regulation 261/2004 apply


    The Regulation 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)

    In particular, 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 an airport located in the Spanish territory and are bound to any destination;
    • Depart from an 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).

    The Spanish Aviation Safety and Security Agency cannot act when the airline operating the flight is not of the European Union and the flight on which the incident occurred departed from an airport outside the European Union; consequently, 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.

    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 offered by airlines.

    If your incident took place on one of the flights mentioned above where AESA is competent, 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):

Incidents to or from an EU airport from a non-EU country


    If your incident took place at an EU airport, not in the territory of Spain, you can review in the following list the contact details of the European authorities competent for the resolution of complaints.

    You should submit your complaint to the competent body, according to your incident, to process your complaint and give you an answer.

    If, in particular, your flight departure was in a German, Dutch, Irish, or Italian airport, you can access the competent authority online form directly through the following links:

    German Authority Form

    Dutcht Auhority Form

    Irish authority Form

    Italian  Authority Form

    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).

    We strongly recommend that you submit your complaint directly to the Competent Authority since if you file the complaint with AESA, the processing times will include an additional delay from 90 to 120 days in 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 occurred 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. Contact the Competent Authority on passenger rights in the country where the incident occurred.

Flights on which Regulation 1107/2006 apply


    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.

    In particular, the Spanish Aviation Safety and Security Agency has jurisdiction for passengers departing, arriving or transiting airports located in the Spanish territory.

    If your complaint is related to a flight listed above as AESA competence, you may file the complaint with AESA, if the incident was due to your condition as a Reduced Mobility Person (PRM)

     

     

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