Legislation
Next we will detail the automatic compensations (that must always be taken care of by the airline) that the Community Regulation 261/2004 foresees. The time period to present the claim under the aforementioned regulation is 5 years.
Without prejudice to your right to them, and since we study each case individually, we will also claim, when appropriate, material damages (eg meals, travel costs, hotel nights, car rental, lost vacation days etc …) ) and moral damages (eg: 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, 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.
Overbooking is a legal practice carried out by airlines when they sell more seats than the plane has. In this way they ensure that they do not have losses derived from cancellations or non-presentations before the boarding deadline.
When this occurs, it is the obligation of the airline to ask for volunteers to resign their reservations in exchange for certain benefits, under the conditions agreed by the passenger and the company. In addition to the above, the volunteer also has the right to choose between the refund of the ticket price and a return flight for free to the departure point, or driving to the final destination as quick 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
In the event that the number of volunteers is not enough, the airline can deny boarding to passengers even against their will. These passengers, in addition to giving the option described in the previous paragraph, also have the right to food and refreshments, lodging, transportation expenses, and the following automatic compensations.
The amounts of automatic compensation are as follows.
250€ – If the flight is less than 1500 km
400€ – If the flight is between 1500 km and 3500 km
400€ – If the flight is intra-community and more than 3500 km
600€ – If the flight is extra-community and more than 3500 km
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 method
- Proof of the incurred expenses
- If applicable, claim presented to the airline
- 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
