Air transport

This is the refusal to carry passengers on a flight, although they have presented themselves for boarding under the Conditions laid down in the Conditions for Transport, except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security or inadequate travel documentation. An example of denied boarding is overbooking.

If an insufficient number of volunteers comes forward and passengers are denied boarding against their will, the rights of the passenger include:

•  Right to information. Consists in the delivery by the air carrier of a printed form containing the conditions of assistance and compensation.
•  Right to assistance.The air company must provide the necessary assistance: adequate meals and refreshments, two free-of-charge telephone calls or access to e-mail and, if necessary, one or more nights of hotel accommodation and transport between the airport and the place of accommodation.
•   Right to reimbursement or re-routing. The passenger may select one of the following three options which must be offered by the air carrier:
  • Reimbursement of the ticket within seven days.
  • Re-routing, under comparable conditions, to their final destination at the earliest opportunity.
  • Re-routing, under comparable conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
•  Right to compensation. Between 250 € and 600 €, depending on the distance of the flight, although this amount may be reduced by 50% when the air carrier offers re-routing and the delay on arrival at the destination is acceptable. The Court of Justice of the EU clarifies in a judgment of October 2023 that the right to compensation applies even if the passenger has been informed of the denied boarding in good time, that is, at least two weeks before the scheduled date of the flight, and that in such cases it is not necessary for the passenger to present himself at check-in.

This means the non-operation of a scheduled flight for which you have purchased a ticket.

The rights in the case of cancellation* are as follows:

• Rights to information, reimbursement or re-routing.Under the same conditions as for the case of denied boarding.
• Right to compensation.Under the same conditions as for denied boarding unless they are informed of the cancellation at least 14 days before the scheduled departure or if the air carrier can prove that the cancellation was caused by extraordinary circumstances, including political instability, adverse weather conditions that are not compatible with the operation of the flight, risks for safety, unexpected defects in the safety of the flight and strikes which affect the operations of the air transport carrier responsible for performing the flight.

*According to the Court of Justice of the EU, a flight must be regarded as having been ‘cancelled’ in the case where the operating air carrier brings it forward by more than one hour

Delay in arrivals

It is the delay of the flight at the airport of origin in relation to the time initially scheduled in your reservation. The rights that can be invoked in case of late departures are:

•  Right to information.The airline must deliver a form with the conditions of assistance and compensation.
•  Right to assistanceRight that is conditioned to the following time limits depending on the distance of the flight.

• Right to reimbursement.when the delay is at least five hours, and the passenger chooses not to travel, they are entitles to reimbursement within seven days of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made if the flight no longer serves any purpose in relation to the passenger's original travel plan. Where applicable, together with a return flight to the first point of departure, at the earliest opportunity. The reimbursement shall be paid in cash, by electronic bank order, bank transfer, cheque or, with the signed agreement of the passenger, in travel vouchers and/or other services.

Delay in arrivals

When the final destination is reached three or more hours after the arrival time initially scheduled by the air transport carrier, the passenger may be entitled to compensation identical to that to which they would be entitled in the event of cancellation of a flight, unless the air carrier is able to prove that the delay was caused by extraordinary circumstances.

The monetary compensation is established according to the distance to the destination, when the delay is of three hours or more.

According to a judgment of the Court of Justice of the European Union, passengers on a flight that is delayed by at least three hours from the scheduled arrival time and do not present themselves for check-in or decide to book on their own initiative an alternative flight that allows them to reach their destination with a delay of less than three hours, are not entitled to compensation.

When the air carrier places the passenger in a class lower than that for which the ticket was purchased, they are obliged to reimburse a percentage of the price of the ticket purchased by the passenger.

*Except for flights between European territory and French overseas territory: 75% refund on tickets value.

If your suitcase has suffered damage or your luggage has been lost, you must claim to the company. The company is responsible for repairing or restoring the damage caused. On the other hand, the airline is responsible for the checked baggage.

When you notice any irregularity with your luggage (loss, damage or delay), communicate it immediately, before leaving the airport, at the counters of the airline, or if it does not have a presence at the airport to your agent or representative at the airport in the authorized counter.

When you report an incident on your baggage at the airport, the airline or its handling agent will issue a baggage irregularity report (PIR) and will give you a copy. Save this document, as it is the one requested by the airline when you claim.

For many companies it is essential to present the PIR form to accept a claim related to luggage, so we recommend that you fill it out before leaving the airport.

In addition, you must submit a formal written complaint to which you must attach a copy of the PIR in accordance with the terms established in the Montreal Convention:

• Damage to luggage: 7 days from receipt of luggage.
• Baggage delay: 21 days from receipt of luggage.
• Loss of baggage: There is no limit established in the Agreement, but it is recommended to make the claim as soon as possible, after the 21 days during which the suitcase has been "delayed", or after the airline has confirmed that your baggage is lost.

Loss of baggage: There is no limit established in the Agreement, but it is recommended to make the claim as soon as possible, after the 21 days during which the suitcase has been "delayed", or after the airline has confirmed that your baggage is lost.

If your flight entails making a connection with more than one company, you may be able to check in your luggage from the departure to the final destination. If you do this and something happens with your luggage, you can claim against any of the companies that have transported the luggage.

If the divergences with the company cannot be resolved, the passenger can claim through the courts. It has a term of two years, from the date of arrival at the destination or the day the aircraft should have arrived. The rules of application in these cases is the Montreal Convention, ratified by Spain in 2004.

Before going to the airport, you should check with the airline about the specific limitations on the number of packages, dimensions and maximum weights that apply to the carriage of hand luggage. As a general rule, companies should not charge passengers supplements for carrying a hand luggage in the cabin, as hand luggage must be considered, in principle, an essential element of passenger transport and its carriage, therefore, cannot be subject to a price supplement, provided that such luggage meets the reasonable requirements regarding its weight and size and complies with the applicable safety requirements. (sentence 2022 y sentence 2019)

In the event of damage to hand baggage during carriage, the airline is only liable if the damage is its fault.

It is also important to be aware that Community regulations have long since adopted certain security measures restricting the amount of liquids or substances of similar consistency that passengers can carry with them when they go through security controls at Community airports.

European legislation

• Regulation (EC) 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.
• Regulation (EC) 261/2004 of the European Parliament and the Council of 11 February 2004, establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation and long delay of flights, and Repealing Regulation (EEC) No 295/91.
• Regulation (EC) 1107/2006 of the European Parliament and the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
• Regulation (EC) 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents.

Instrumento de Ratificación del Convention for the Unification of Certain Rules for International Carriage by Air(the Montreal Convention).

Review of the limits of responsibility. Montreal Convention.