When you fly, be sure of your rights
The rights of air passengers are regulated in Regulation 2612004 of the European Parliament and the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation and long delay of flights, and Repealing Regulation (EEC) No 295/91.
The Community legislation on passenger rights, established in Regulation 261/2004, is applicable to all flights departing from airports in the European Union, Iceland, Norway and Switzerland, and for all flights operated by Community carriers even if they leave from airports outside Europe.
The rights of air passengers from the EU will also be applied to all non-Community air carriers departing from a Community territory to a country that does not belong to the European Union.
Regulation 261/2004 regulates the rights of passengers for cases of denied boarding, cancellation, long delay and change of class.
Regulation 261/2004 only applies to the air carrier operating the flight or who is responsible for performing the flight.
The Regulation is not applicable if the passenger is travelling free of charge or with a reduced-price ticket that is not directly or indirectly available to the public. Remember that the responsible airline is always the operating air carrier.
Derechos y obligaciones de pasajeros aéreos PDF, 536 kb
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:
Distance | Compensation |
50% reduction
if the delay on arrival is less than |
---|---|---|
Up to 1.500 km. | 250 € | 2 hours |
Flights between 1.500 km and 3.500 km
as well as intra-Community flights of 1.500 km | 400 € | 3 hours |
More than 3.500 km. | 600 € | 4 hours |
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:
*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:
Distance | Right to assistance if the departure delay is more than |
---|---|
Up to 1.500 km. | 2 hours |
Flights between 1.500 km and 3.500 km
as well as intra-Community flights of more than 1.500 km. | 3 hous |
More than 3.500 km. | 4 hours |
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.
Distance | Intra-Community | Extra-Community |
---|---|---|
0-1.500 km. | 30% | 30% |
1.500-3.500 km. | 50%* | 50% |
+ 3.500 km. | 50%* | 75% |
*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:
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
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.