The Boletín Oficial del Estado (BOE) has recently published Law 8/2025 of 29 September, which establishes a new system of penalties for infringements, to be imposed by the management of the State Aviation Safety Agency (AESA). These include a system of administrative fines, based on their severity, for airlines that ignore or delay compliance with AESA resolutions in response to passenger complaints in cases of cancelled or delayed flights. The penalties will be imposed administratively, without the need to go to court.
In this context, ECC-Spain reminds passengers that, in the event of cancellation, they are entitled to be offered a choice between the following options by the airline:
• Refund of the ticket price within 7 days (with return to the airport of origin if the passenger is on a connecting flight and their journey no longer has any purpose). The refund may be made in cash, by bank transfer, cheque or travel vouchers or other services (subject to prior agreement signed by the passenger).
• Alternative transport to your final destination as quickly as possible and under comparable transport conditions.
• Alternative transport at a later date convenient to the passenger. (If this option is chosen, the passenger is no longer entitled to assistance from that moment onwards).
• Compensation. Passengers are entitled to financial compensation ranging from €250 to €600, depending on the distance of the flight, although these amounts may be reduced by 50% if the airline offers alternative transport and meets a series of requirements regarding the time of arrival at the final destination.
Similarly, in the event of a delay of at least five hours, passengers who decide not to travel are entitled to a refund within seven days of the full cost of the ticket at the price at which it was purchased, corresponding to the part of the journey not made and the part of the journey made if the flight no longer serves any purpose. Where appropriate, they are also entitled to a return flight to the first point of departure as soon as possible.
Similarly, when the passenger arrives at the final destination three or more hours after the arrival time initially scheduled by the airline, the passenger may be entitled to compensation (in accordance with the ruling of 23 October 2012 of the Court of Justice of the European Union C-581/10 and C-629/10), unless the airline can prove that the delay was caused by extraordinary circumstances. The financial compensation provided for will be determined according to the distance to the destination.
Regulations
Law 8/2025, of 29 September, amends Spanish air navigation and air safety laws with the aim of ensuring safety in the sector. This amendment responds, in part, to the need to adapt Spanish regulations to European guidelines on civil aviation, incident reporting and the operation of air services in the European Union.
>> Source of information: European Parliament.