- In accordance with the provisions of Order TMA/201/2022 of 14 March, which regulates the procedure for alternative dispute resolution for air transport users on the rights recognised in the European Union in the field of compensation and assistance in the event of denied boarding, cancellation or long delays, as well as in relation to the rights of disabled persons or persons with reduced mobility ("the Order"), and in relation to disputes falling within the scope of this regulation, we inform you in the following points about the rights that this Order establishes in favour of passengers.
- The Order regulates an alternative dispute resolution procedure allowing passengers to appeal to the Spanish Aviation Safety Agency ("AESA", www.seguridadaerea.gob.es), completely free of charge. This shall be without prejudice to the passenger's right to resort to any extrajudicial dispute resolution system accepted by the airline or airport operator, as appropriate, in particular consumer arbitration or the arbitration system for the resolution of complaints and claims regarding equal opportunities, non-discrimination and accessibility on the grounds of disability. For these purposes, we inform you that our company : Is NOT a member of any consumer arbitration system or the arbitration system for the resolution of complaints and claims regarding equal opportunities, non-discrimination and accessibility on the grounds of disability.
- Prior to initiating the alternative dispute resolution procedure before AESA provided for in the Order, you must submit a prior complaint to our company. On its website www.seguridadaerea.gob.es, AESA makes available to passengers a model prior complaint form, which can also be obtained from the "Claims “ section of our website and from our customer service department, including our sales and customer service desks at the airports where we operate.
- You can send this complaint form to our airline by e-mail to firstname.lastname@example.org or to email@example.com or via : the "Contact Us" section of our website. You must provide the documentation you consider relevant to assert your rights. This documentation shall include, in the case of minors, proof of custody of the minor, unless the prior claim is made by the person who contracted the transport for the minor. You have a period of five years from the day on which the incident occurred to file this prior claim.
- You may appeal to AESA, as an accredited body for alternative dispute resolution in air transport, for the resolution of the dispute in the following cases:
- where the resolution of the previous complaint is not entirely satisfactory to You, or
- within a maximum period of one month from the date of submission of the prior complaint, if the complaint has not been answered by us.
The complaint to AESA must be filed within one year of the filing of the prior complaint. Failure to comply with this time limit will result in the complaint to AESA being inadmissible.
AESA’s decision on your complaint is binding on us, without prejudice to our rights to challenge it before the competent jurisdiction. AESA’s decision is not binding on passengers who, in any event, may bring any civil action they may have against us.