Delays

    It consists of the delay in the departure and/or arrival times of the flight compared to the times initially scheduled in your reservation.

    The rights that can be appeal to in case of delay in departures are:

Right to Information


    Passengers are entitled to information, for this purpose the airline should provide them with a form with the rights assisting them. If such a form is not delivered, ask for it to the airline. The information contained in that form shall be similar to the following one

Right to Care


    Passengers also have the right to care while waiting for their flights (see conditions in the table below), i.e. the airline has to offer and provide:

    • Enough food and drink
    • Two phone calls or access to e-mails
    • Hotel accommodation if overnight stay is required or if an additional stay longer than the one planned by the passenger is required.
    • Transportation between the Airport and the place of accommodation

    Do not forget that if the airline does not comply with its obligation to provide the indicated care free of charge, the passenger should keep the receipts for the expenses incurred and subsequently make a complaint to the airline.

    The right of care in the event of a flight delay is conditioned on the following time limits depending on the flight distance:


    Flight distance
     
    Right to care if the delay in departure is greater than

    Up to 1,500 km

    2 hours

    All intra-community flights of more than 1,500 km and all flights between 1,500 km and 3,500 km

    3 hours

    More than 3,500 km

    4 hours

     

Right of Reimbursement


    If the delay is five hours or more, and the passenger decides not to travel, he/she will be entitled to reimbursement, within seven days, of the full cost of the ticket at the price at which it was purchased, corresponding to the part of the journey not made and the part of the journey already made if the flight is no longer serving any purpose .

    Where appropriate, it is also applicable a return flight to the first point of departure at the earliest opportunity.

    Reimbursement may be made in cash, by bank transfer, cheque or travel vouchers or other services (after agreement signed by the passenger)

    Remind that, in the case of choosing reimbursement, as you do not fly to the destination, you will not be entitled to the right to compensation set out in rulings C-581/10 and C-629/10  of the Court of Justice of the European Union.

    The right that can be appeal to in case of late arrival are:

     

Right to Compensation


    Where the passenger arrives at the final destination three or more hours after the arrival time initially planned by the airline, the passenger may be entitled to compensation (as set out in the rulings of 23 October 2012, of the Court of Justice of the European Union C-581/10 and C-629/10 ), unless the airline can demonstrate that the delay was caused by an extraordinary circumstance. In addition, it should demonstrate that it did everything possible to avoid the delay.

     

    Expected financial compensation shall be established on the distance to the destination, provided that the delay is at least three hours or more.

     

    Flight distance

    Compensation

    Up to 1,500 km

    250 €

    All intra-community flights of more than 1,500 km and all flights between 1,500 km and 3,500 km

    400 €

    More than 3,500 km

    600 €

     

Extraordinary circumstances


    According to Regulation (EC) 261/2004 the cases that can be considered as extraordinary circumstances are the following possible incidents:

    • Political instability in the country of Origin/Destination
    • Weather conditions incompatible with the operation of the flight.
    • Security risks.
    • Unexpected deficiencies in flight safety.
    • Strikes affecting the operations of an air carrier in charge of a flight.

    All these possible extraordinary circumstances should be duly justified in order to be considered as such.

    Successive rulings of the Court of Justice of the European Union create binding case law in Member States of the European Union. Therefore, in addition to Regulation (EC) 261/2004, these rulings should be considered when determining which incidents are to be regarded as extraordinary circumstances and which are not. Examples of these rulings include:

     

    SENTENCE

    EXTRAORDINARY CIRCUMSTANCE

    C-315/15 Pesková and Peska

    A collision between an aircraft and a bird constitutes an extraordinary circumstance which may exempt the carrier of its obligation to compensate passengers.

    C-195/17 Krusemann y otros

    Strikes of the airline own staff cannot be regarded as extraordinary circumstances

    C-549/07 Wallentin-Hermann

    The only failures that can be considered as extraordinary circumstances are breakdowns due to bird impacts, FOD (Foreign Object Debris) on runways and those detected by the manufacturer and affecting the entire fleet of aircraft.

     

     

    The Spanish Aviation Safety and Security Agency, in the process of resolving the corresponding complaint, shall assess the acceptance or not of the existence of an extraordinary circumstance in the case studied.

On which flights does Regulation 261/2004 apply?


    Passenger rights are regulated by European Regulation (EC) 261/2004 . Regulation 261/2004 regulates passenger rights for cases of denied boarding, long delay, cancellation and upgrading and downgrading.

    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 frequent-flyer programs offered by airlines.

    Click here to access the procedure to file a complaint with AESA due to an incident covered by Regulation 261/2004

     

     

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