Passenger rights
Upgrading and downgrading
According to Regulation 261/2004 when the airline accommodates the passenger in a class lower than that for which he paid, the airline is obliged to reimburse a percentage of the ticket price purchased by the passenger.
It should be borne in mind that a tariff change is not a change of class and is therefore considered a breach of the contract of carriage being outside the scope of Regulation 261/2004.
Remember that if the carrier accommodates the passenger in a class higher than the one for which he paid, the latter may not require the passenger to pay any amount.
Amount to be reimbursed for upgrading and downgrading
The percentages shown below refer to the percentage of the ticket price to be reimbursed by the airline to the passenger, within seven days, for placing him/her in a lower class.
|
Flight distance (Km) |
Intra-Community |
Extra-Community |
|
0 - 1,500 Km |
30% |
30% |
|
1500 - 3500 Km |
50%* |
50% |
|
+ 3,500 Km |
50%* |
75% |
How to file a complaint with AESA?
If you want to file a claim for a change of class you can consult here, if your flight falls within the scope of Regulation 261/2004 and if EASA is the competent authority to resolve your complaint.
If your flight is prior to 01/06/2023 included click here to access the procedure to complain to EASA due to an incident referred to in Regulation 261/2004.
If your flight is after 02/06/2023 included click here to access the procedure to complain to EASA due to an incident referred to in Regulation 261/2004.
On which flights does Regulation 261/2004 apply?
- 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)
- 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).
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:
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:
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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