sponsored by Heras-Sasot Abogados
A vacation can turn into a nightmare in minutes if a flight is canceled, delayed for several hours, or your luggage doesn't appear on the carousel. However, passengers have a number of rights that airlines must respect, and in certain circumstances, these rights allow them to claim financial compensation.
Heras -Sasot Abogados , with offices in Fraga and Monzón, reminds us that in the event of an incident it is important to know what the passenger is entitled to and, above all, to keep all documentation related to the trip and the expenses incurred.
Flight cancellation: what can the passenger claim?
When a company cancels a flight, it must offer the passenger three alternatives: a refund of the ticket price, alternative transport to the final destination as soon as possible, or transport on a later date that is convenient for the traveler.
In addition, in certain cases, you may be entitled to financial compensation of €250, €400, or €600, depending on the flight distance. However, this compensation is not automatically applied to all cancellations.
For example, the company may be exempt from paying it if it informed of the cancellation in advance or if it demonstrates that it occurred due to extraordinary circumstances that could not have been avoided by taking all reasonable measures.
What if the flight is delayed?
Passengers may also be entitled to compensation when the problem is a significant delay. If they arrive at their final destination three hours or more later than scheduled, they may be entitled to financial compensation of between €250 and €600, provided the delay is not due to extraordinary circumstances.
During certain waiting periods, the company must also provide assistance, which may include food and drink and, when necessary, accommodation and transport between the airport and the hotel.
The amounts expected according to the distance
European regulations establish different compensations depending on the flight distance:
- 250 euros for flights up to 1.500 kilometers.
- 400 euros for intra-community flights of more than 1.500 kilometers and other flights between 1.500 and 3.500 kilometers.
- 600 euros for flights that are not included in the above categories.
These amounts may be reduced in certain cases when the company offers alternative transport and the passenger arrives at their destination within certain set time limits.
If the suitcase doesn't appear, you need to take action at the airport.
Luggage is another common problem during summer travel. In case of loss, damage, or delay, passenger rights are primarily governed by the Montreal Convention.
Heras-Sasot Abogados advises that if your suitcase doesn't turn up, you should go to the airline's or handling agent's counter before leaving the airport and request that a Property Irregularity Report (PIR) be filed. It's important to keep a copy along with your boarding pass and baggage tag.
The PIR, however, does not replace a subsequent formal claim. The time limits depend on the type of incident: seven days for baggage damage and 21 days for delayed delivery. When luggage is considered lost, a claim can be filed after those 21 days have passed or once the airline confirms the loss.
Documents can make all the difference
In case of any incident, experts recommend keeping your ticket, boarding passes, communications from the company, the PIR in case of baggage problems, and all receipts for expenses incurred.
It is also advisable to keep receipts for meals, accommodation, transport or other expenses that may be related to the incident, as they may be necessary when proving the damages suffered.
If the airline does not address the complaint, the passenger can pursue other avenues. In Spain, the State Aviation Safety Agency (AESA) allows passengers to file complaints related to cancellations, delays of three hours or more, and other incidents covered by European regulations, after having previously filed a complaint with the airline.
Key points if your flight is disrupted
Cancellation: the company must offer a refund or alternative transportation.
Compensation: can reach 250, 400 or 600 euros, depending on the flight and the circumstances of the cancellation.
Delay: Arriving at the destination three hours or more late may entitle you to compensation.
Assistance: In certain situations, the airline must provide food, drink and, if necessary, accommodation.
Luggage: If your suitcase does not appear, you must request a PIR before leaving the collection area.
Documentation: keeping tickets, boarding passes, communications and receipts is essential.
Complaint: If the company does not respond or the response is not satisfactory, there are additional ways to complain.
During peak holiday season, knowing these rights can be especially useful for travelers who experience an incident. Heras-Sasot Abogados points out that each case must be analyzed individually to determine the passenger's rights and, if applicable, any amounts that can be claimed.
