Transport contracts

Operating company

When you buy a plane ticket, you have the right to know which airline will operate your flight, even if you make the reservation through an agency or a website. The operating company of the flight is responsible for applying the rights of Regulation 261/2004.

The company that sells you the service (the airline, the agency or the booking platform) must inform you at the time of purchase about:

• The identity of the operating carrier of the flight; and
• Any subsequent changes, if they occur before the trip.

If after making the reservation the airline that operates the flight changes, the company that sold you the ticket must notify you as soon as possible, through the same channel through which you made the reservation (email, application, etc.).

This company that has sold you the service must also inform you of changes that occur near the scheduled departure time of the flight or at the time of check-in or boarding.

AESA has no competence to intervene in these types of claims, because it is a private contractual relationship between the passenger and the company that sold the ticket.

In that case, you can complain directly to the company or, if there is no agreement, go to the consumer authorities of your autonomous community or to the courts of justice.

Applicable legislation:

• Article 11 of Regulation (EC) No 2111/2005 of the European Parliament and of the Council on informing passengers of the identity of the operating air carrier.
• This Regulation also establishes the Community list of air carriers banned in the European Union.

You can check this updated list on the European Commission's website.

Tickets

Incidents related to the ticket, passenger data or fare conditions are not covered by Regulation (EC) 261/2004.

Passenger details

• The ticket is personal and non-transferable.
• The data on the ticket must match exactly those of the DNI or passport or other identification document with which you make the trip.
• If there are errors or missing information, the airline may deny boarding. In this case, no rights are generated under Regulation (EC) 261/2004.

Always remember to check your details before confirming the purchase.

Rates and conditions

Each airline offers different rates (basic, flexible, premium, etc.). Before buying, check the general conditions of your rate.

In the event of divergences in this matter with the airline, the only way to enforce your legitimate rights and interests would be to go to the consumer authorities and then to the courts of law, since it is a private matter related to the conditions of the contract of carriage.

Boarding pass

Some companies charge a fee for issuing the boarding pass at the airport.
This condition is part of the contract of carriage and the passenger accepts it when purchasing the ticket.

If you consider that this clause is unfair, you can complain to the consumer authorities of your autonomous community or to the courts of justice, since it is a private contractual matter.

Luggage

Conditions

• The conditions on measurements and weight of carry-on luggage are included in the contract of carriage. It is the responsibility of the company to communicate them and the passenger to comply with them.
• Checked baggage may have an additional cost that must be clearly displayed before finalizing the purchase.

According to Regulation (EC) 1008/2008, airlines can freely set their prices and supplements, provided that the information is transparent and complete before purchase.

Deterioration

If your baggage arrives damaged, delayed or does not appear, the airline is, as a general rule, responsible for taking care of the incident according to the Montreal Convention.

How to claim for luggage?:

1. Before leaving the airport, go to the airline counter or your handling agent.
2. Explain what happened. Staff will issue a Baggage Irregularity Part (PIR) and give you a copy.
3. Keep all documentation (PIR, luggage tag and boarding pass).
    

Deadlines to claim

• Baggage damage: 7 days from reception.
• Delay in delivery: 21 days from receipt.
• Loss: from 21 days or when the company confirms that you are lost.

The rules on baggage are contained in the Montreal Convention.

Quality of service

Problems related to the quality of service – such as passenger care, aircraft cleaning, comfort, treatment of the personnel of the air carrier or contracted companies, operation of in-flight entertainment or deficiencies in airport services – are NOT regulated by Regulations (EC) 261/2004 and 1107/2006.

In such cases, complaints should be submitted directly to the air carrier or airport manager responsible for the service concerned.

How to claim for deficiencies in the quality of service?

1. Contact the airline or airport manager first, clearly explaining the reason for your complaint.
2. Request an acknowledgement of receipt or reference number of your claim.
3. If the answer does not satisfy you or you do not get a solution, you can go to the nearest consumer authority and, if necessary, to the courts of justice, since it is a private matter between the passenger and the company.

Personal injury, injury or death

If a passenger is injured or dies as a result of an accident on board the aircraft or during boarding or disembarking, the airline is liable for damages.

These cases are regulated by the Montreal Convention and Regulation (EC) 889/2002, which oblige the airline to compensate the passenger or his family members, unless it proves that the accident was due to causes beyond its control.

If an agreement is not reached with the company, the passenger or his representatives can go to the consumer authorities or the competent courts to claim compensation.