Flight-related problems, such as cancellations or delays, are common situations that can cause frustration and confusion among passengers. It is crucial that travellers are aware of their rights and the possibilities of claiming in case they are affected by these incidents. In this context, Lexnova Lawyers is positioned as an ally to guide passengers through the complaint process and ensure that their rights are respected.
Passenger Rights according to the European Regulation
Regulation (EC) No 261/2004 establishes clear rights for passengers in the event of cancellations, delays and denied boarding. These rights apply to flights within the EU, flights from the EU to destinations outside the EU and flights of non-EU airlines landing in the EU. The most relevant rights include:
- Financial Compensation: If a flight is cancelled or significantly delayed (more than 3 hours), passengers are entitled to compensation ranging from ¤250 to ¤600, depending on the distance of the flight.
- Assistance: Passengers are entitled to assistance during the wait, including:
- Meals and refreshments.
- Accommodation if necessary.
- Transport between the airport and the place of accommodation.
- Refund or Relocation: If the flight is cancelled, passengers can opt for a refund of the ticket or to be relocated to the next available flight.
Steps to Make a Claim
- Collect Documentation: Passengers should keep all documentation related to the flight, including tickets, boarding passes and any communication with the airline.
- Contact the Airline: It is advisable to submit the complaint directly to the airline. Each airline has a specific procedure for handling these claims, which can usually be found on their website.
- Deadlines for the Claim: It is important to act quickly. The regulations establish that passengers have the right to complain up to 2 years after the incident, although it is advisable to do so as soon as possible.
- Recourse to Competent Bodies: If the airline does not respond or rejects the complaint, passengers can file a complaint with the Spanish Aviation Safety Agency (AESA) or go to consumer organisations.
Exceptional Cases
There are certain circumstances that may exempt airlines from paying compensation, such as adverse weather conditions or safety emergencies. However, it is essential that the airline proves that the cancellation or delay was due to extraordinary circumstances.
Legal advice
In cases of more complicated disputes, where the airline denies compensation or help is needed to file a claim, Lexnova Abogados offers specialised advice. Our team of lawyers can help passengers to:
- Assess the situation and determine applicable rights.
- Present the complaint in an effective manner, including gathering documentation and drafting written submissions.
- Take legal action if necessary, ensuring that the passenger’s rights are respected.
Conclusions
Passenger rights are fundamental and must be respected by airlines. Being informed about these rights can make all the difference to the travel experience and help passengers get the compensation they deserve in the event of problems with their flights.
If you have suffered a flight cancellation or delay and need guidance on how to proceed, do not hesitate to contact Lexnova Lawyers. We are here to help you assert your rights and ensure that you receive adequate compensation.