The State Aviation Safety Agency is accredited as an alternative dispute resolution entity for complaints submitted by passengers
New stage in protecting the rights of air transport users
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The resolution of the Ministry of Transport, Mobility and Urban Agenda (MITMA) that accredits the State Aviation Safety Agency (AESA) as an alternative dispute resolution entity has been published today in the Official State Gazette (BOE)
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With this new accreditation, the reports issued by AESA on complaints of denied boarding, delays, cancellations, and class changes, as well as in relation to the rights of persons with disabilities or reduced mobility, will be binding on airlines.
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The new procedure will apply to incidents occurring on flights from 2 June 2023 including, while maintaining the usual procedure for prior complaints.
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With this, AESA’s commitment to improving its obligations as a public service is strengthened, thus offering a new, more agile way that guarantees the free and legal certainty of the complaints process submitted by passengers.
Madrid, 10 May 2023 (AESA)
The State Aviation Safety Agency (AESA) has been accredited as an alternative dispute resolution entity in the area of passenger rights by the Ministry of Transport, Mobility and Urban Agenda (MITMA), as published today in the Official State Gazette (BOE).
EASA, as a public body responsible for monitoring compliance with the European Union Regulations on the protection of air transport users, is responsible for handling complaints concerning non-compliance with Regulation (EC) 261/2004, for denied boarding, cancellation or long delay of flights, and Regulation (EC) No 1107/2066 on the rights of persons with disabilities or reduced mobility.
In this new stage that begins, although the rights established in the European regulation have not undergone any change, it will change the procedure for handling complaints arising from them. Thanks to AESA’s accreditation as an Alternative Dispute Resolution (ADR) entity: “Alternative Dispute Resolution”), decisions issued by the Agency shall be binding on airlines. Likewise, if after one month the company does not comply with the decision of AESA, the passenger may request its execution before the competent court.
This new procedure will apply to cases from 2 June 2023. The above cases shall be dealt with in accordance with the usual procedure.
Benefits of this new stage
With this new accreditation, AESA’s vocation of public service is strengthened, bringing benefits and improvements for both air transport users and airlines.
With this new route, it is intended to reduce the judicialisation for the resolution of conflicts, since the ADR is an alternative public service to the judicial system that offers a faster and totally free option to passengers and airlines.
Therefore, it foresees a decrease in legal costs and a decongestion of the courts, since the ADR prevents the passenger from having to go to a judicial process that is usually costly and lengthy for both parties, causing many consumers to desist from asserting their rights.
On the other hand, to improve the agility of the process and simplify the procedures, AESA has worked on the adaptation of its Electronic Headquarters, so as to facilitate, both for the user and the airline, the telematic procedure for the resolution of this type of conflicts.
In addition, as EASA is the only accredited body responsible for establishing the application criteria, it will ensure legal certainty for airlines and passengers, since it provides a single, independent and subject to administrative guarantees.
