Make a claim to Aena Airports It is one of the rights available to all air passengers in case of delay, cancellation or damage to luggage during or after the flight. Depending on the type of incident, the passenger will be entitled to compensation in the form of financial compensation or any other type of assistance.
Below you have an index with all the points that we are going to deal with in this article.
Object and scope
The Regulation on the rights of the air passenger establishes the minimum assistance rights that air passengers will have in the cases listed below:
- Denial of boarding against your will
- Flight cancellation
- Big delays
It should be taken into account that this will be applicable to those passengers departing from an airport located in the territory of a Member State of the European Union (EU).
It also affects those departing from an airport located in a third country but to another located in a Member State, unless they already enjoy the benefits or compensation and assistance from that third country. This is established only in cases where the airline making the flight in question is of community origin.
Likewise, it will not be applicable in the following cases:
- Passengers traveling for free or with a reduced price ticket that is not available to the general public directly or indirectly.
- Passengers transported by motorized fixed-wing aircraft.
- Passengers who hire a combined trip and it is canceled for reasons other than flight cancellation.
It is understood by combined trip the set of services offered for a global price, but whose service exceeds 24 hours or includes night and combines at least two of these elements: transport, accommodation and other tourist services that constitute an important part of the trip.
Denial of boarding
According to the definitions given in the Regulation (EC) 261/2004, is understood by air carrier in charge of flying any air carrier that carries out or intends to carry out a "flight under a contract with a passenger or on behalf of another person, legal or physical, who has a contract with that passenger".
According to this definition, when a carrier with these characteristics foresees that he will have to deny a flight, he must:
- Ask for passengers to show up volunteers willing to give up their reservations in exchange for certain benefits, under the conditions agreed by the carrier with the interested passenger.
- Provide assistance to volunteers in the form of reimbursement or alternative transportation.
- Deny boarding to passengers against their will if the number of volunteers is insufficient.
- Compensate passengers, in the event that case 3 occurs, either in the form of compensation or in the form of reimbursement or alternative transportation.
In case of cancellation of a flight, the passenger is also entitled to compensation identical to that offered in case of denied boarding, except in the case that:
- You have been informed at least 14 days before of the flight
- The modification of the route has taken place near the time originally planned.
- The airline can prove that the cancellation is due to extraordinary circumstances.
Likewise, the following points must be taken into account:
- The carrier will offer assistance in the form of A) reimbursement of the cost of the ticket (from 50 to 75%) if the flight no longer has a reason to be according to the passenger's travel plan or B) alternative transportation, which may be a good flight back to the starting point or driving to the final destination in comparable conditions and as quickly as possible.
- The carrier will also offer assistance in the form of snacks depending on the waiting period and accommodation in a hotel if it is necessary to spend one or more nights or if an additional stay is required to the one initially planned by the passenger.
- Passengers are entitled to compensation of € 250 for flights of up to 1,500 km, € 400 for intra-community flights of more than 1,500 km and non-community flights of 1,500-3,500 km, and € 600 for flights outside the EU.
- Whenever air passengers are informed of a cancellation, they must be given an explanation of the possible alternative transport available to them.
However, air carriers are not obliged to pay compensation if they can show that the cancellation is due to extraordinary circumstances that could not have been avoided even having taken all reasonable measures possible.
In addition, it is the airline's full responsibility to provide information to the passenger about the cancellation, as well as the choice of the moment at which it is communicated whenever it falls within the stipulated limits.
In any of the three situations listed below, passengers must receive assistance in the form of, on the one hand, the food and the refreshments sufficient according to the time that is necessary to wait and, on the other hand, two telephone calls, telex, fax messages or emails:
- 2 hours or more for flights of 1,500 km or less
- 3 hours or more for all intra-community flights of more than 1,500 km and all other flights of 1,500-3,500 km
- 4 hours or more for all flights of more than 3,500 km outside the European Union
The assistance mentioned above will be offered based on the time limits established for each distance segment. If the delay is of more than 5 hoursAs a passenger, you have the right to decide not to continue with your trip, receive your ticket refund and fly back to the destination where you originally started the trip.
If you reach your final destination with a delay of 3 hours or more, you may also be entitled to compensation identical to that which would apply in case of cancellation. However, the company will be exempt as long as it can demonstrate that the delay is due to exceptional circumstances beyond its control.
People with special needs
Passengers with disabilities or people with reduced mobility are entitled, under EU law, to receive assistance at airports. They are also protected against any type of discrimination during the reservation or shipment.
For this reason, air carriers responsible for carrying out the flight should give priority to these people and their companions or escort dogs certificates, as well as children traveling alone.
In case of denied boarding, cancellation or delays of any duration, people with reduced mobility and children traveling alone will be provided:
- Food and drink
- Transportation from the airport to the place of accommodation
- Access to phone calls, telex, fax or e-mails
This assistance applies to the departure, arrival and transit to and from your final destination. To facilitate the reception of such care, it is advisable to notify the airline in advance about the special needs of each.
Airlines are responsible for any damage caused to luggage in case of destruction, loss, deterioration or delay in delivery of the same if the damage has taken place on board the plane or while the luggage was in the custody of the airline. Therefore, this right will not apply to hand luggage.
On the other hand, as a passenger you must bear in mind that the airlines will not be responsible for any damage caused to the luggage or derived from a delay in the delivery of the same if all the measures at their disposal have been taken to avoid these damages, if it has been impossible adopt these measures or if it is due to the nature of the baggage or a defect thereof.
In these cases, the passenger must go immediately to the airline counter or his ground assistance company (agent handling) to present the corresponding claim at the same time by completing the form known as Baggage Irregularity Part (P.I.R.). Passengers have the following deadlines to submit their claims:
- Fault: immediately after having noticed the deterioration or, at most, within a period of 7 days from the date of receipt.
- Delay: at the latest, within 21 days after which the luggage was delivered to the passenger.
Any claim must be made in writing regardless of the completion of the P.I.R. If an answer is not received from the airline or it is not satisfactory, there is the possibility of going to court within a maximum period of 2 years from the arrival of the aircraft on the ground. In case of theft or subtraction For any item of luggage, it is advisable to file a complaint with the nearest police station as soon as possible.
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