Affected by a flight delay in Spain?

Please find below an article relating to flight delays in Spain:

  1. – Rights of passengers due to flight delays

If flying within the EU, since 2004, you enjoy special protection thanks to Regulation (EC) No. 261/2004 of the European Parliament and Council, called EC 261.

Covered delay: only those delays greater than 3 hours from the scheduled arrival time.  It does not cover the so-called “extraordinary circumstances”, but it does cover the “technical difficulties” and the “operative circumstances”.

Obligation to inform: the first basic right is to be informed about the content of CE 261. Each airline has to show information about the rights of passengers at their check-in counters.

Economic compensations: from € 250 to € 600 depending on the distance of the journey, whether the flight is within the EU or not, and the length of the delay.

Other compensation: together with the CE 261 all passengers of European flights are entitled to a refund or alternative flight if the delay is greater than 5 hours.

At the same time, you have the right to assistance, in terms of food, drink, communications and accommodation depending on the distance of the flight, the time of delay and the place; and to increase of benefits in case of accepting an alternative flight without cost or to partial reimbursement if the flight class is lower.

Time limit for filing a claim is 2 years from the date of your arrival at the final destination, the date on which the plane should have landed or the date you actually landed if it is different.

2.- Right to cancel the flight

All cancellations of flights that are notified less than 14 days in advance are covered in the EU as long as they do not offer an alternative flight.

Economic compensation varies between € 250 and € 600, depending on the distance of the trip, whether your flight is within the EU or not and the length of the delay in case you accept an alternative flight or change route.

In the case of rejecting an alternative flight there is a right not only to financial compensation, but also to a refund of the price of your ticket and a return flight to the original place of departure if necessary.

As in flight delays, international flight passengers can only claim for the damage resulting from the incident in the event of cancellation of a flight. Also, “extraordinary circumstances” are not included

  1. – Passenger rights for denied boarding: overbooking

At a European level, according to EC 261 only involuntary boarding denials are covered as long as you do not arrive late for boarding, carry all the correct documentation and do not create a safety or health problem.

If, voluntarily, the seat is remitted in exchange for a refund, an alternative flight or any other type of benefit, the right to compensation is also waived

Economic compensation : . In flights of less than 1,500 km will be € 200; for non-EU flights of more than 3,500 km will be € 600.

There is also a right to obtain an alternative flight or a change of route to your destination.

It is important to know that compensation must occur immediately after boarding has been denied. That is, at the airport itself.

Other compensation: as with delays and cancellations of flights, you also have the right to reimbursement or alternative flight, right to assistance and increase or reduction of benefits.

  1. – Rights of air passengers due to luggage problems

If the luggage is damaged, the airline will have to repair or replace it.

If there is a delay on luggage reception, the airline should reimburse you for the cost of your replacement. In this case you must keep your purchase receipts.

If the luggage is lost, the airline must compensate for the suitcase and its contents, provided you can provide documentation of the lost items and their value.

According to the current regulations, after 21 days, a suitcase is considered lost, even if it is found later.

Limit of liability: the amount of compensation will be something that will be negotiated with the airline, however you should know that the limit of liability stipulated is $ 3,500 if you have not contracted additional coverage at the check-in desk.

Costaluz Lawyers

 

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