Passenger rights are regulated by the European Regulation (EC) 261/2004, applicable for flights that depart from an airport in the European Union (in addition to Iceland, Norway and Switzerland), as well as for flights that depart from a third state and have their destination in the European Union, provided that they are operated by a community company. Passengers have the following rights in the event of denied boarding, long delays or cancellation of flights, established by the Regulations:
In the event that the company refuses to transport the passenger unjustifiably, and therefore, unless there are reasonable reasons for said refusal, such as health reasons, safety reasons, the presentation of inadequate travel documents or presentation outside the deadlines indicated to check-in baggage, the first step will be to ask for volunteers to give up their booking and come to an agreement with them on the compensation.
If there is not enough volunteers, passengers who are forced not to make the flight will be compensated with:
These compensations will be reduced by half if there is any alternative transport whose arrival time does not exceed the scheduled time of the initially booked flight by more than two hours (in the first case), more than three hours (in the second case) or more than four hours (in the third case).
Additionally, passengers have the following rights:
This is the non-completion of the scheduled flight for which the passenger had purchased a ticket. The rights in case of cancellation are the following:
In all the cases mentioned above, the refund may be paid in cash, by electronic bank transfer, bank order or check, or, with the signed consent of the passenger, in travel vouchers. The ticket amount will be refunded within seven days.
If there is a delay in the flight departure, passengers have the following rights:
If the scheduled departure time is postponed to the next day, the company will offer hotel accommodation, if necessary. In case of delays of at least five hours, if the flight no longer meets the purpose of the passenger's original travel plans, the passenger has the right to cancel the trip, in which case the ticket price will be refunded. If the trip has already started, the company will transport the passenger back to the first departure point indicated on the ticket.
In accordance with the Judgments of the Court of Justice of the European Union of November 19, 2009 and October 23, 2012, in case of delays equal to or greater than three hours arriving at the final destination, the passenger has the right to compensation for the same amount as in the case of denied boarding, unless the delay is due to extraordinary circumstances.
When the airline places the passenger in a lower class than the one they paid, for it is obliged to refund a percentage of the price of the ticket purchased by the passenger, as follows:
This body to which passengers can contact is the State Aviation Safety Agency, Directorate of Civil Aviation Safety and User Protection, Paseo de la Castellana, nº 112, 28046 MADRID, 28020 Madrid, Tel. +34 91 396 82 10, www.seguridadaerea.gob.es.