Alternative dispute resolution

Accreditation of AESA as an ADR entity for air transport users

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The Ministry of Transport, Mobility and Urban Agenda (MITMA) has published in the BOE of 10/05/2023 the resolution accrediting the Agency as an alternative dispute resolution entity 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 shall apply to incidents occurring from the day 02/06/2023 included.  
Incidents prior to that date will be processed in accordance with the usual complaints procedure of air transport users available on the AESA website.

What is Alternative Dispute Resolution?

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Alternative dispute resolution (or ADR) at the level of the European Union for the protection of air transport users, will continue to ensure passenger access to the State Aviation Safety Agency (AESA) to resolve their complaints, while strengthening the compliance of the carriers with AESA’s decisions. 

This will prevent the passenger from having to go to court proceedings that are often costly for the parties and that causes many consumers to refuse to assert their rights at the cost of court proceedings. This measure will also contribute to the decongestion of the courts of possible claims. 

Once the procedure has been authorised, the decision issued by AESA as a result of the alternative dispute resolution procedure shall be binding on air carriers. If after the period of 1 month granted to the company to comply with the decision of AESA, the company does not satisfy the rights granted to the passenger, the latter may request its execution before the competent court. 
 
The Alternative Dispute Resolution (ADR) procedure will not be a prerequisite for access to the courts of law, but rather a faster and totally free option offered to air transport users to resolve their disputes with airlines.