Due to the Regulation No. 261/2004 of the European Parliament and the European Council, every passenger, whose flight includes at least one arrival, one departure, and / or stopover at a Spanish airport, enjoys legal passenger rights.
In case of any violation of those rights, the passenger is entitled to present a claim which can result in a financial compensation or any other kind of compensation. If a passenger is unhappy with the service during a flight but is not entitled to present a claim, he or she still has the option to lodge a complaint or a suggestion.
If you do not present a claim and / or make a complaint concerning the given service, the quality of this service can neither be verified nor improved, as the responsible persons / entities cannot be informed. As a consequence, you will lose the opportunity of obtaining any compensation.
Assumptions eligible to claim
In the following we show you a list of the most frequent cases, in which you have a right to complain and which are usually presented to airline offices, airports or other entities concerning the journey, e.g. travel agencies, tour operators etc. In order to accept the complaints, based on those cases, certain conditions have to be fulfilled. This means that you have to fulfill your obligations as a passenger, whilethe passenger rights have to be violated without any reason. Please take into consideration, that the situations described hereunder, could occur without intention -for example due to major forces- in this case, any complaint shall be precluded.
Passengers affected by cancellations can use specialised complaint services and obtain financial compensation for the cancelled or delayed flight..
- Non-existent, confusing, neutral information, or denial of it.
- Denial of boarding due to overbooking, delays, or flight cancellations.
- Failure to provide the right to claim.
- Incidents with the ticket, its issuance, or change of class.
- Delays in departure or arrival of the flight.
- Lack of assistance in departure delays.
- Missed flight or missed flight connection.
- Damage to or loss of baggage.
- Discrimination against passengers with disabilities or reduced mobility.
- Lack of security at the airport or on board the aircraft
- Deficiencies in the service provided at the airport or on board the aircraft
- Accidents and/or injuries.
- ...more cases.
Before you make a complaint you might make sure that you have a right to do so, fulfilling the conditions for each individual case. The passenger has an obligation to know his rights if he wants to file a complaint. In this case he may ask for a document at any airport in Spain, in which his rights are described, including some advice about how to act. In the contrary, please do not hesitate to contact the Spanish National Aviation Agency (Agencia Estatal de Seguridad Aérea - AESA).
How to file a complaint
Do not leave the airport or the area where the incident has occurred until you know how the complaint process you want to initiate works ( means or channel, deadline, provision of documentation, etc.), as some complaints must be handled on site, while others can be handled within a reasonable period of time by ordinary mail or internet.
For this purpose, and depending on the entity complained of, complaint forms are available at airline counters, airport information points, airport shops, or you can download the form online when it is not necessary to file the complaint on site.
Be thorough in detailing the events and keep all the documentation about them, even if you do not find it useful. After submitting the complaint, if you do not receive an answer within the time limit indicated, or if you are not satisfied with the conclusion of the complaint, you can file an appeal with the Court of Justice or contact the State Aviation Safety Agency (in the case of a complaint to an airline).
Due to the complexity and constant evolution of regulations and legislation, the information presented here may not be totally accurate, incomplete or out of date, and it is therefore the responsibility of the interested party to make all means available to check this information.
You can find further information (details of each case, compensation, regulations, addresses and telephone numbers, etc.) on the website of www.aeropuertosenred.com, in the sections dedicated to Passenger Rights.