Frequent Questions

Frequent Questions

Yes, provided that the arrival to final destination suffers a more than 3 hours delay and there are no extraordinary circumstances that justify such delay.

Yes, whenever flights are considered to be a “stopover” of the same reservation and the arrival to the final destination, on the alternative flight, takes place with a of more than 3 hours delay, not attending extraordinary circumstances that have caused the delay.

Yes, if you have not been notified of the cancellation with a minimum period of 14 days. This period can be reduced to 7 days, in the case that an alternative flight is offered and it allows you to take off at least two hours before scheduled, and arrive at your destination less than four hours after the time initially contracted. Passengers will not have the right to be compensated in case when they have been informed of the cancellation with less than 7 days in advance, but are offered an alternative flight that will allow them to reach their destination less than two hours late, when taking off maximum one hour before scheduled. When cancellations occur, as well as when delays do, the airline will not be obliged to pay the compensation in case they prove the concurrence of extraordinary circumstances.

Within the reclaimable flights, are those departing from an EU airport or those departing from a third country as long as they are operated by an airline domiciled in the EU.

The amount of compensation varies according to the flight distance (orthodromic) and the type of flight, being € 250 for flights with an orthodrome distance of less than 1,500 km, € 400 for flights on all intra-community flights of more than 1,500 km and the rest of flights with a distance between 1,500 km and 3,500 km, and 600 € for the rest of flights (non-intra-community flights of more than 3,500 km).

There is no rated list of what can be considered to be an extraordinary circumstance, understanding as such all those causes that are alien to the activity of the airline and that could not have avoided even using all possible means. The most frequent ones are strikes and adverse weather conditions, which in any case must be proven by the airline.

No, jurisprudence is unanimous for not considering technical failures or breakdowns as extraordinary circumstances, regardless these are the result of poor maintenance or not.

In order to starting the claim procedure, it is necessary to have the electronic booking confirmation and in case o, also of delayed flights, the boarding card is also necessary. In addition, for each claim it is necessary to send the passenger's professional assignment sheet, identity document copy, and the communications that may have been maintained with the airline.

Once the documentation is received, an extrajudicial claim is sent to the airline. In the vast number of cases, the airlines do not take into consideration the extrajudicial claims and it is necessary to file the lawsuit.

How long does it take to resolve the claims?

Usually no action is necessary to be done by the passenger. The claims are presented on the passenger's behalf and they are resolved without the need for assistance to court, and in many cases with extrajudicial agreements with the airlines.

None. Our company assumes all the expenses of the legal claim, including the fees of the lawyers who file the claims on passenger’s behalf.

The fees for the processing of your claim are the result of calculating 24% of the amount of your compensation and you only have to pay in case we have resolved your claim favorably.

No, in case your claim is rejected, “El Reclamador de Vuelos” assumes all legal expenses.

WHAT ARE YOUR RIGHTS AS A PASSENGER?

Passenger’s rights in case of delays, cancellations or denied boarding, are regulated in the EU Regulation 261/2004 which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights.


1) WHO HAS THE RIGHT TO BE INDEMNIFICED?
  • Every passenger, departing from an EU airport or from a non-EU third country airport, but whose flight is operated by an EU airline, who has a confirmed reservation, suffers boarding denial, flight cancellation or a more than 3 hours delay arrival to final destination.


2) WHAT ARE MY RIGHTS AS AN AFFECTED PASSENGER?
  • Assistance and accommodation rights: In case of long waits, cancellations or boarding denials, you will receive free meals and refreshments at the airline's expense. Also, in the case that it is necessary to spend the night, you have the right to stay at a hotel, including to-and-from transportation to the hotel. You will also have the right to be allowed to make calls, send faxes or emails.

  • Reimbursement or taken to destination in an alternative transport right: Likewise, in the case of long waits or cancellations, you will be entitled to ticket price reimbursement. You can also choose to be taken to your destination by an alternative means, under comparable conditions, as quickly as possible. In the case of being in a place with more than one nearby airport, and the airline offers the passenger to take them to their destination on a flight departing from another airport, the airline shall bear with the cost of the shuttle from one airport to another.

  • Lost or damaged luggage rights: In these cases you, as a passenger who has suffered a loss of your luggage or damage to it, can request compensation up to an amount of € 1,200. In these cases it is convenient to make the complaint immediately, by heading to the company counter at the airport.



3) RIGHTS WHICH CORRESPOND IN ADDITION TO EUROPEAN REGULATION 261/2004 IN THE EVENT OF NOT EXISTING EXTRAORDINARY CIRCUMSTANCES SUCH AS STRIKES OR ADVERSE METEROLOGICAL CIRCUMSTANCES (*)
  • Right to be compensated in case of flight delays: If your flight reaches its final destination with an over 3 hours delay, in addition to the above mentioned assistance right, you are entitled to economical compensation, which will vary according to the distance of the flight, being € 250 for flights with an orthodrome distance of less than 1,500 km, € 400 for flights on all intra-Community flights of more than 1,500 km and the rest of flights with a distance between 1,500 km and 3,500 km, and € 600 for the rest of flights (non-intra-community flights) of more than 3,500 km.

  • Right to be compensated in case of cancellations and boarding denial: You will also be entitled to the compensations mentioned in the previous point, if having appeared with enough time at the airport, you are denied boarding, or if the flight is canceled without being notified with a minimum term of 14 days. This period can be reduced to 7 days, in the case that an alternative flight is offered and it allows you to take off at least two hours before scheduled, and arrive at your destination less than four hours after the time initially contracted. Passengers will not have the right to be compensated in case when they have been informed of the cancellation with less than 7 days in advance, but are offered an alternative flight that will allow them to reach their destination less than two hours late, when taking off maximum one hour before scheduled.

  • Right to any other supplementary compensation: The related rights in these points correspond to passengers without prejudice to receive any other compensation that may correspond for material or moral damages suffered due to the delay or cancellation, and that are claimed in accordance with Spanish regulations.


RECEIVE UP TO 600 € OF INDEMNITY ACCORDING TO THE EUROPEAN REGULATIONS. PASSENGER RISK-FREE.

(*) Not all strikes or adverse weather conditions are considered to be extraordinary circumstances by the Courts, due to the fact that these have to meet certain requirements such as unpredictability, lack of reaction capacity, etc., in order to be considered as such. We will have to analyze each case in particular.

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