ES
FR
IT
DE
PT
Your rights as a passenger
Know what rights you have as a passenger
Know what rights you have as a passenger
In the framework of air transport, the applicable legal regime is constituted by the Montreal Convention of May 28, 1999 for the unification of certain rules for international air transport and European Regulation 261/2004, which establishes common standards on compensation and assistance to air passengers in case of denied boarding and cancellation or long delay of flights.
Denied boarding, cancellations and long delays cause serious disruption and inconvenience, which is why we believe a high level of passenger protection must be guaranteed.
The main rights available to a passenger in the event that they suffer any incident regarding air transportation are the following:
-
Right to be informed.
-
The right to be well cared for, with sufficient food and drink, as well as accommodation if necessary.
-
Right to a refund of the ticket or alternative transportation.
-
Right to be financially compensated.
Passengers on delayed flights may invoke the right to compensation when they suffer, in connection with the flight, a loss of time equal to or greater than three hours, that is, when they arrive at the final destination three or more hours after the arrival time. initially provided by the air carrier.
It is important to note that the magnitude of the delay is a factor that increases the probability of damage.
Suitable documentation to claim:
-
DNI, NIE or passport (family book if there are minors).
-
Ticket reservation.
-
Boarding pass.
-
Expense receipts/invoices or other related documents.
The flight is considered 'cancelled' when the air carrier transports passengers on another flight whose initial schedule differs from that of the initially scheduled flight.
Passengers of canceled flights can request compensation as long as the airlines have not complied with a series of obligations regarding the right to information and assistance.
Regardless of how far in advance the cancellation is reported, the airline can be released from paying compensation if it duly justifies that the cancellation was due to extraordinary causes (for example, air traffic controllers' strike, adverse weather, political instability).
Suitable documentation to claim:
-
DNI, NIE or passport (family book if there are minors).
-
Ticket reservation.
-
Boarding pass.
-
Expense receipts/invoices or other related documents.
This is the refusal to transport passengers on a flight, despite having presented themselves for boarding in the required conditions, unless there are reasonable reasons to deny their boarding, such as health or safety reasons or the presentation of travel documents. inadequate.
Suitable documentation to claim:
-
DNI, NIE or passport (family book if there are minors).
-
Ticket reservation.
-
Boarding pass.
-
Expense receipts/invoices or other related documents.
Several incidents may occur in air luggage transportation, such as receiving damaged luggage (or theft of belongings), delay in the delivery of luggage (up to 21 days from the date of arrival) and total loss of luggage ( after 21 days it will be considered lost).
To claim it is necessary to have the following documentation:
-
DNI, NIE or passport (family book if there are minors).
-
Flight reservation and/or boarding pass.
-
Billing label.
-
Baggage Irregularity Part (P.I.R.).
-
Expense receipts/invoices or other related documents.
Compensation for delay
|
Flight distance |
Compensation |
|---|---|
|
0-1500 km |
250 € |
|
Intra-community flights of more than 1500 km and other flights between 1500 - 3500 km |
400 € |
|
3500 km |
600 € |
Cancellation compensation
|
Cancellation cases when alternative flight is provided |
Advance notice of flight cancellation |
||
|---|---|---|---|
| Less than 7 days in advance | Advance notice from 7 days to 2 weeks | More than 2 weeks in advance | |
| Compensable | You arrive 2 hours late or more. | You arrive 4 hours late or more. | If the company gives advance notice regarding the flight departure time, there is no compensation. |
| Not fully compensable according to the distance of the flight | You leave < 1 hour in advance and arrive < 2 hours late. | You leave <2 hours in advance and arrive <4 hours late. | |
Financial compensation in cases of cancellation
|
Flight delay compared to the original arrival time |
Calculated flight distance from point to point |
||
|---|---|---|---|
| 1.500 km | Intra-community flights of more than 1500 km and other flights between 1500 - 3500 km | 3.500 km | |
| No more than two hours | 125 € | 200 € | 300 € |
| No more than three hours | 250 € | 200 € | 300 € |
| No more than four hours | 250 € | 400 € | 300 € |
| From four hours | 250 € | 400 € | 600 € |
* Food and accommodation expenses until the alternative flight can be taken are the responsibility of the airline, and can be claimed if assumed by the passenger, along with the corresponding compensation.
** When it is an airline without a community license and the flight does not leave or enter any territory of the European Union, the compensation to be claimed is calculated based on the specific damages suffered by the passenger, mainly damages creditable as commitments to which they do not could be attended, days of work lost and expenses incurred resulting from the flight cancellation suffered.
Compensation for problems with luggage
|
Typology |
Deadline to request the Baggage Irregularity Report (P.I.R.) |
Deadline for action |
Compensation |
|---|---|---|---|
|
Damage |
You have up to 7 days from when the incident was noticed |
2 years from the date of arrival at the destination or the day on which the aircraft should have arrived |
Baggage value amount |
|
Delay in delivery |
You have up to 21 days from having been notified of the incident |
2 years from the date of arrival at the destination or the day on which the aircraft should have arrived |
Up to 1400 euros without special declaration of value. |
|
Total loss |
You have up to 21 days from when the incident was noticed |
2 years from the date of arrival at the destination or the day on which the aircraft should have arrived |
Up to 1400 euros without special declaration of value. |
Compensation for overbooking
Passenger's acceptance of alternative flight provided by the airline
|
Flight delay compared to the original arrival time |
Calculated flight distance from point to point |
||
|---|---|---|---|
| 1.500 km | Intra-community flights of more than 1500 km and other flights between 1500 - 3500 km | 3.500 km | |
| No more than two hours | 125 € | 200 € | 300 € |
| No more than three hours | 250 € | 200 € | 300 € |
| No more than four hours | 250 € | 400 € | 300 € |
| From four hours | 250 € | 400 € | 600 € |
* Assistance costs are the responsibility of the airline, and where appropriate they can be claimed if they are not made, along with the corresponding compensation in accordance with the previous table.
** When it is an airline that does not have a community license and the flight does not leave or enter any territory that belongs to the European Union, the appropriate compensation will depend on the specific damages caused (expenses unduly assumed by the passenger, creditable loss of assistance to events or commitments, economic damages derived from the delay) as long as they can be demonstrated.
In the first instance we always try to reach an economic agreement that is satisfactory for our clients.
At Reclamio we try to obtain your compensation as quickly as possible, but we must take into account factors outside the internal organization of the company, such as the legal deadlines available to the airline or the workload and speed of the competent Court.