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Air passenger rights

Air passenger rights are protected by European Regulation No. 261/2004 of the European Parliament and of the Council. When these rights are violated, passengers are entitled to lodge a complaint, which may result in compensation, either financial or otherwise.

Consequently, when these rights are infringed, passengers are entitled to make a claim, which may result in financial or other compensation. On the other hand, if a passenger is dissatisfied with any service provided by any entity connected with their flight, but is not entitled to make a claim, they may submit a complaint or suggestion.

Read on to find out how to enforce your rights if your flight has been delayed, overbooked or affected by other incidents.

Circumstances giving rise to a claim

These are the most common circumstances giving rise to a claim, normally addressed to airlines, airports or entities connected with your journey, such as travel agencies, wholesalers and so on. Certain conditions must be met for claims to be considered valid. Passengers must have fulfilled their obligations and their rights must have been unjustifiably infringed. However, it is important to note that some legally recognised situations, such as force majeure, may exempt airlines or other entities from liability, thereby invalidating claims.

  • Delays or cancellations due to airline strikes (claimable for up to the previous 3 years)
  • Information that is unavailable, unclear, neutral, or withheld.
  • Denied boarding because of overbooking, flight delays or cancellation.
  • Failure to provide the right to make a claim.
  • Problems with the ticket, its issue or a change of class.
  • Delays to flight departure or arrival.
  • Lack of assistance in the event of departure delays.
  • Missed flight or missed flight connection.
  • Damage to or loss of baggage.
  • Discrimination against passengers with disabilities or reduced mobility.
  • Lack of safety at the airport or on board aircraft.
  • Deficiencies in services provided at the airport or on board aircraft.
  • Accidents and/or injuries.
  • …other circumstances.

If your holiday has been affected, claim your rights and obtain financial compensation for your cancelled or delayed flight. Get your holiday money back

How to file a complaint

Before leaving the airport or the area where the incident occurred, first find out how the claim process you intend to follow works (means or channel, time limit, submission of evidence and so on), since some claims must be handled in situ, whereas others may be submitted within a reasonable period by post or online.

If you wish to make a claim, claim forms are available at airline counters and airport information points; you can also download the form online when the claim does not need to be submitted in situ.

Be thorough when detailing the events that occurred and keep all documentation, even if it does not initially seem useful. After submitting the claim, if you do not receive a response within the stated period or are not satisfied with the response received, you may bring a claim before the courts or contact the Spanish Aviation Safety and Security Agency (where the claim concerns an airline).

If you do not have time or find it complicated, you can also use a company specialising in air passenger claims, such as AirHelp. They will handle the entire process on your behalf and, in return, receive a small percentage of the financial compensation they obtain for you.

Get your compensation with AirHelp

You may also be interested in:

You can find further information (details of each circumstance, compensation, regulations, addresses and telephone numbers, and so on) on aeropuertosenred.com, in the sections dedicated to Passenger Rights .

Because regulations and legislation are constantly evolving, the information presented here may not be entirely accurate, may be incomplete or out of date. It is the responsibility of the person concerned to use all means available to verify this information.

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