One of the most common incidents during the summer holidays is that related to the delay or cancellation of flights. This situation can be caused by: an airline problem or a cause beyond the airline, such as lack of staff at the airport.
Today we analyze what options you have as a passenger in each of these situations, how you should make a claim and who is responsible for the costs of the rest of the services contracted for the holidays.
How should you claim? When the flight cancellation is due to the airport.
AENA is in charge of managing public airports and has to answer for the damage caused to passengers as a result of the operation of the public service they provide. This includes those damages derived from your airport activity such as the delay of police controls or the lack of personnel at your airport.
In this sense, the appropriate procedure to request this type of responsibilities from the Public Administrations is the so-called patrimonial responsibility procedure. This rule stipulates that individuals will have the right to be compensated by the corresponding Public Administrations for any injury they suffer to any of their assets and rights. Whenever the injury is the result of normal or abnormal operation of public services, except in cases of force majeure. Likewise, it must be an effective damage, economically evaluable and individualized in relation to a person or group of people.
How much time is there for you to file a claim with AENA?
You have a period of one year to present the claim before AENA and the Ministry of Transport, Mobility and Urban Agenda. This procedure begins at the request of a party in administrative proceedings and, in the event of a dismissal decision or the lack of a resolution after six months, the affected party may file a lawsuit before the Contentious-Administrative Courts.
What if the flight is canceled due to a problem with the airline?
In this case you can claim the right of attention (calls, accommodation...) to the airline. Apart from this, you can choose between an alternative transport, in which case obtaining a refund for the part of the trip not made in a maximum of 7 days, or request a full refund of the money, in which case the company will have to offer you a return flight to the first starting point as soon as possible.
In this case, what happens if the company decides to cancel your flight 14 days before departure?
According to Regulation (CE) No. 261/2004 of the European Parliament and of the Council, of February 11, 2004, which establishes common rules on compensation and assistance to air passengers in the event of denied boarding and cancellation or long flight delays, if the company notifies you of the cancellation at least 14 days before the scheduled date of the flight, as a passenger you will only be entitled to a refund of the price of the ticket, unless you accept the change of date or time that the company proposes.
How much should the passenger be compensated?
The amount of compensation will be determined considering the distance in kilometers of the flight and said compensation will be reduced by 50% in the event that alternative transportation is offered to the passenger.
If the flight is canceled or arrives more than 3 hours late at the destination airport, you are entitled to compensation of:
A) €250.00 per passenger for flights of less than 1,500 km.
B) €400.00 per passenger for flights between 1,500 and 3,000 km.
C) €600.00 per passenger for flights over 3,000 km.
Can you claim if there is a delay?
Regarding the delay, the Court of Justice of the European Communities, in a judgment of November 19, 2009, understands that the passenger who suffers a delay of 3 or more hours in reaching his destination is comparable to the passenger whose flight has been canceled and alternative transportation is offered. The passenger who has suffered this delay would also be entitled to compensation in the same amounts expressed in the previous point.
What options do you have if your suitcase is lost during the journey?
Luggage is considered legally lost if 21 days have elapsed from the date on which the carrier should have delivered it. From there arises the right to compensation up to a maximum of 1,200 euros.
If the flight is cancelled, what happens to the hotel or the contracted activities? Who answers?
In the event that the flight is canceled and you have contracted other services such as hotels, activities, etc. You can request responsibility from the airline that, due to breach of contract, has to bear the costs.
In any of the cases, we advise you to keep all the invoices or tickets of the reservations and payments, as well as flight tickets or boarding passes, because they will be essential elements in the event that you have to file a claim. If you want to claim everything that belongs to you, call us.
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