The decisions of AESA “Spanish Aviation Safety Agency” will be binding for both parties.
The lawsuits against the airlines may come to an end, this is how compensation to consumers and passengers will be processed from now on.
The State Aviation Safety Agency (AESA) has been updated to the current times of judicial collapses, delays in court proceedings and more. Everything is based on the MTMAU order of March 14, the decisions made by AESA regarding claims filed by passengers become binding for the airlines. The new procedure will begin to be applied one month after the AESA is accredited as «alternative dispute resolution entity«This eliminates the need to go to court to demand compensation.
Claim procedures are facilitated for passengers who are affected by cancellations, denied boarding or long delays, among other possible violations of the European regulation 261/2004, which protects the rights of air passengers.
Current events and changes to 2022.
Until today, passengers who file a claim with the AESA if they believe their rights have been violated, or if the airline's response to the previous claim, (which is mandatory to make and allow a month to pass to obtain or not, a response to the same or if this does not satisfy us) have as a result of the agency a non-binding report, meaning that with said report we have legal support to take legal action, which is important, but We must initiate judicial proceedings before the commercial court. Thus, when airlines reject reports against them, consumers/passengers must sue so that a court decides whether or not compensation is appropriate, with the support provided by a report by a government agency.
Now, if AESA's "reasoned decision" is in favor of the passenger, the airline will have to comply with the corresponding compensation without further "flights" and in such a way that we will not have to "a priori" go to Court.
When will AESA be accredited as an “alternative dispute resolution entity”?Until this occurs, the current procedure will be maintained.
On the AESA website it mentions that the body that must accredit it is the Ministry of Transport itself, «AESA is in the adaptation of information systems that allow the electronic processing of high volumes of claims and the human resources available that allow satisfying the needs. requirements of the order.
Flights affected
The European standard is applicable to flights of all European airlines (even if they originate outside the EU), and for all flights within the European Union, even if the airlines are not from the Union.
The number of complaints will surely increase, now that AESA decisions have binding power for airlines. AESA will adopt a stricter procedure, since it will do work, bridging the gap, similar to that of the courts.
"European legislation is one of the strictest there is with airlines, in other countries you have to claim that the delay caused you damage, in Europe it is enough for three hours to pass to know if compensation is due or not."
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