Make a claim to Aena Airports It is one of the rights that all air passengers have 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.
Purpose and Scope
The Regulation on the rights of air passengers establishes the minimum rights of assistance that air passengers will have in the cases listed below:
- Denied boarding against your will
- Flight cancellation
- Long delays
It should be taken into account that this will be applicable to those passengers who depart from an airport located in the territory of a Member State of the European Union (EU).
It also affects those who depart from an airport located in a third country but bound for 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 that carries out 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 directly or indirectly available to the general public.
- Passengers carried by fixed-wing motorized aircraft.
- Passengers who hire a combined trip and it is canceled for reasons other than the cancellation of the flight.
Means combined trip the set of services offered for a global price, but whose provision 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.
According to the definitions given in the Regulation [EC] 261/2004, is understood by air carrier in charge of carrying out a flight 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 natural, who has a contract with said passenger".
According to this definition, when a carrier with these characteristics foresees that it will have to deny a flight, it 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 transport.
Cancellation of flights
In the event of a flight cancellation, the passenger is also entitled to compensation identical to that offered in the event of denied boarding, except in the event that:
- You have been informed at least 14 days before of the flight.
- The modification of the route took place close to the originally scheduled time.
- The airline can demonstrate that the cancellation is due to extraordinary circumstances.
Likewise, the following points should 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 transport, which can be either a 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 refreshments 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 that 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-EU flights of 1.500-3.500 km, and € 600 for flights outside the EU.
- Whenever air passengers are informed of a cancellation, they should be given an explanation of the possible alternative transportation available to them.
However, air carriers are not required to pay compensation if they can show that the cancellation is due to extraordinary circumstances that could not have been avoided even with all reasonable measures possible.
In addition, it is the sole responsibility of the airline to provide information to the passenger about the cancellation, as well as the choice of the moment in which it is communicated, provided that it falls within the stipulated limits.
In any of the three situations mentioned below, passengers must receive assistance in the form of, on the one hand, the food and refreshments enough according to the time it takes to wait and, on the other hand, two phone 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 over 1.500 km and all other flights of 1.500-3.500 km
- 4 hours or more for all flights over 3.500 km outside the European Union
The aforementioned assistance will be offered based on the time limits established for each distance section. If the delay is more than 5 hoursAs a passenger, you have the right to decide not to continue with your trip, receive a refund for your ticket and fly back to the destination where you originally started the trip.
If you arrive at your final destination with a delay of 3 hours or more, you could also be entitled to compensation identical to that which would correspond in the event of cancellation. However, the company will be exempt as long as it can show 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 assistance at airports. Likewise, they are protected against any type of discrimination during the reservation or boarding.
For this reason, the air carriers in charge of carrying out the flight must give priority to these people and their companions or companion dogs certificates, as well as children traveling alone.
In the event of denied boarding, cancellation or delays of any duration, persons with reduced mobility and children traveling alone will be provided:
- Food and drink
- Transportation from the airport to the place of accommodation
- Access to telephone calls, telex, fax or e-mails
This assistance applies to departure, arrival and transit to and from your final destination. To facilitate the receipt of such care, it is advisable to notify the airline in advance about the special needs of each.
Incidents with luggage
The airlines are responsible for all 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 luggage or derived from a delay in the delivery of the same if all the measures available to them have been adopted to avoid these damages, if it has been impossible. adopt these measures or if it is due to the nature of the luggage or a defect in it.
In these cases, the passenger must go immediately to the counter of the airline or its ground handling company (agent handling) to present the corresponding claim at the same time by filling in the form known as Baggage Irregularity Report (PIR). Passengers have the following deadlines to submit their claims:
- Breakdown: immediately after having noticed the deterioration or, at the most, within a period of 7 days from the date of receipt.
- Delay: at the latest, within 21 days from which the luggage was delivered to the passenger.
Any claim must be made in writing regardless of the completion of the PIR If a response 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 to Earth. In case of theft or theft of any item of luggage, it is advisable to file a complaint with the nearest police station as soon as possible.
Fecha: 13 / 12 / 2016
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