Legislation
Next we will detail the automatic compensations (that must always be taken care of by the airline) that the European Community Regulation 261/2004 foresees. The time period to present the claim under the aforementioned regulation is 5 years.
Independently of this, and since we study each case individually, we will also claim, when it is appropriate, material damages (for example: meals, travel costs, hotel nights, car rental, lost vacation days etc …) ) and moral damages (for example: those due to stress and uncertainties, not being able to attend an important event such as a wedding or a job interview … etc.) that you have suffered in your incidence. For example:
Material damages
Meals
Travel costs
Hotel nights
Car rental
Lost vacation days
Moral damages
Stress and uncertainties
Not being able to attend an important event
Professional damages
On the other hand, we want you to know that if the aforementioned Community Regulation does not apply to you, we will use the International Agreements of Montreal and Warsaw (these do not establish an automatic compensation but are compensations that are due to material and moral damage) and national legislation (Civil Code and consumer protection legislation) in order to achieve your compensation.
Amounts
The amount of the automatic compensation to which you are entitled will depend on the distance of the flight, that is, the number of kilometers between the point of departure and the point of destination, without taking into account the existence of stopovers on the trip. It is the so-called “orthodromic route” that measures the shortest path between two points on the earth’s surface. There are several websites that allow you to calculate the exact mileage, for example www.distanciasentre.com.
Cancellation is the non-completion of a scheduled flight. This flight always has a numbering, which serves as a guide to know if it was or was not done.
The community regulation does not give the right to economic compensation for cancellation in the event that it has been communicated with a minimum of 14 days in advance. In any case, we study the communication the airline has sent you to see if it is in accordance with the law and if it is effective to avoid obtaining a compensation.
In the event that the notice occurs less than 14 days in advance and if the company has also offered an alternative flight, there will be the right to compensation if the notice is made between 7 and 14 days in advance and if the departure is more than 2 hours in advance or the arrival is more than 4 hours late than your original flight. There will also be the right to compensation if the notice is less than seven days and the departure is more than 1 hour in advance or the arrival is more than 2 hours later than your original flight.
It should be noted in this regard that the burden of proof of having made the corresponding notice rests with the airline, for example, by email.
250€ – If the flight is less than 1500 km
400€ – If the flight is between 1500 km and 3500 km
600€ – If the flight is greater than 3500 km
In addition to the previous compensation, you have the right to choose between the refund of the ticket price and a free return flight to the departure point, or driving to the final destination as quickly as possible. If the airline does not reprogram the flight for free or the option it gives you does not suit you, you can buy new tickets and then ask for a refund.
On the other hand, the Regulation includes the right to food and refreshments, lodging and transportation expenses.
Necessary documentation
- ID card or passport
- Ticket / Reservation and Boarding Pass
- Boarding pass of the flight that finally took you to your destination or, if applicable, ticket of the alternative transport credited
- Proof of the expenses incurred
- If applicable, claim presented to the airline
- Autorización de representación firmada.
- In the case that you travel with minors we will need a family book, or the registration in the Civil Registry or the birth certificate