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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:

  • 250 euros for flights up to 1,500 km.
  • 400 euros for all intra-community flights of more than 1,500 km and for all other flights between 1,500 and 3,500 km.
  • 600 euros for other intra-community flights of more than 3,500 km.

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:

  • Right to information, which consists of the airline providing a form with the conditions of assistance and compensation.
  • Right to assistance. The airline must provide the necessary assistance: sufficient food and drink, two phone calls or access to email and, if necessary, one or more nights' accommodation, as well as transportation between the airport and the place of accommodation.
  • Right to reimbursement or alternative transportation, where the passenger may choose one of the following 3 options that the company must offer:
    • Refund of the ticket within the following seven days.
    • Transport to final destination as quickly as possible and under comparable transport conditions.
    • Transportation to the final destination at a later date that suits the passenger, depending on available seats.

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:

  • Rights to information, assistance and reimbursement or alternative transportation under the same terms as denied boarding.
  • Right to be compensated, in the same amounts as those established in the case of denied boarding, depending on the distance of the purchased flight. The right of compensation will not apply if:
    • The passenger is informed about the cancellation at least two weeks before the scheduled departure time.
    • The passenger is informed between seven days and two weeks in advance of the scheduled departure time and is offered alternative transportation that allows them to depart no more than two hours in advance of the scheduled departure time and arrive at the final destination with a delay of less than four hours compared to the scheduled arrival time.
    • The passenger is informed less than seven days in advance of the scheduled departure time and is offered alternative transportation that allows them to depart no more than one hour in advance of the scheduled departure time and arrive at the final destination with a delay of less than two hours compared to the scheduled arrival time.
    • If the carrier can prove that the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.   

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:

  • Right to information, in the same terms as the two previous cases.
  • Right to assistance (food, drink and communication options), a right conditioned on exceeding the following time limits depending on the distance of the flight:
    • Two hours or more, in the case of flights of up to 1,500 km.
    • Three hours or more, for all intra-Community flights over 1,500 km and all other flights between 1,500 and 3,500 km.
    • Four hours or more, in the case of other intra-community flights of more than 3,500 km.

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:

  • 30% of the ticket for flights of less than 1,500 km.
  • 50% of the ticket price for internal flights within the European Union of more than 1,500 km and all flights between 1,500 km and 3,500 km.
  • 75% for flights of more than 3,500 km outside the European Union.

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.

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