In full bridge of the Constitution, the Christmas holidays are already appearing. Key dates for travelers with the shadow of strikes present. More than one will have to stay on the ground due to canceled flights. It will also be necessary to be attentive to delays, which may increase with the transfer of passengers. What rights do you have in these cases?
One of the sources of concern is Vueling flights. The cabin crew strike will be repeated on Thursday the 8th, Friday the 9th and will continue on Sunday the 11th. Although Vueling has offered alternatives and solutions to all affected customers in advance, there are factors to take into account. "What many customers do not know is that even if they have been relocated, they can claim compensation from the company for this incident, since a call for a strike is an imputable cause," says Noemí Fernández, manager of Reclamio, which specializes in air passenger claims. .
In the event that the flight is cancelled, while waiting for the return or alternative trip, the airline must inform the passenger of their rights with a form and provide these services:
Passengers have the right for the company to offer them the possibility of choosing between 3 options:
If you do not comply with these obligations and "choose to buy your own ticket, you must keep the receipt and the new boarding pass to claim them from the airline," they report from the State Aviation Safety Agency (AESA).
On certain canceled flights you can opt for compensation of up to 600 euros. It varies according to the distance of the flight and can be reduced by 50% if the airline offers alternative transport and meets certain requirements at the time of arrival at the final destination.
This right to collection applies in certain cases. It does not apply if the cancellation is caused by an extraordinary cause: a storm, political instability in the country of origin or destination, security risks, unexpected deficiencies in flight safety or strikes by non-company personnel.
There is also no right to compensation if the airline has informed 14 days in advance; if you have done so within two weeks to 7 days and alternate transportation has been offered to depart and arrive in similar circumstances (less than four hours late arrival); if it has been less than seven days notice and you rebook on a very similar flight.
If applicable, on flights of up to 1,500 kilometers the compensation is 250 euros, on intra-community flights of more than 1,500 km and the rest up to 3,500 km gives the right to 400 euros and in the case of flights of more than 3,500 km the compensation rises to 600 euro.
A strike by own personnel is not an extraordinary circumstance, according to European rulings. If your flight has been canceled due to a strike by its own staff and you have been notified within a period of less than 14 days, even if you have accepted an alternative solution given by the company, you have the right to claim.
Jumping to another group of cases, if your flight has been delayed you will always have the right to information, that is, the company must provide you with a brochure that explains your rights in detail.
During the wait, the passenger can also benefit from the right to care.
It is subject to the following time limits depending on the distance of the flight: on flights of up to 1,500 kilometers the right is applied when the departure delay exceeds 2 hours; on intra-community flights of more than 1,500 kilometers and on all those of 1,500-3,500 km the term is 3 hours; and on flights of more than 3,500 km it is 4 hours.
This right implies that the airline must offer and provide certain services.
If the delay is five hours or more, and you finally decide not to travel, you are entitled to a refund within seven days of the full cost of the ticket at the price at which it was purchased and for the return that was not made. When appropriate, a return flight to the first point of departure as quickly as possible is also required.
In which cases can you receive a payment for delays? It will depend again on distances and causes. If the passenger arrives more than three hours late at the destination, there is a right to compensation unless the airline can demonstrate that the cause has been extraordinary, such as a storm, political instability in the country of origin or destination, security risks, unexpected deficiencies in flight safety or strikes by non-company personnel. A strike by own personnel is not an extraordinary circumstance, according to European rulings.
If applicable, on flights of up to 1,500 kilometers the compensation is 250 euros, on intra-community flights of more than 1,500 km and the rest up to 3,500 km gives the right to 400 euros and in the case of flights of more than 3,500 km the compensation rises to 600 euro.
