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Your rights as a passenger

In the framework of air transport, the applicable legal regime is constituted by the Montreal Convention of May 28, 1999 for the unification of certain rules for international air transport and the European Regulation 261/2004, which establishes common rules on air transport. compensation and assistance to air passengers in case of denial of boarding and cancellation or long delay of flights.

Denials of boarding, cancellations and long delays cause serious upsets and inconveniences, which is why we understand a high level of protection should be guaranteed. passengers.

The main rights available to a passenger in the case that had any incidence in air transport are:

  • Right to be informed.
  • Right to be well cared for, with sufficient food and drink, as well as accommodation if necessary
  • Right to reimbursement of the ticket or alternative transport.
  • Right to be compensated economically.

When it's considered as a Delay?

The passengers of the delayed flights can invoke the right to compensation when they bear, in relation to the flight, a loss of time equal to or greater than three hours, that is, when they arrive at the final destination three or more hours after the arrival time initially provided by the air carrier.

It is important to point out that the magnitude of the delay constitutes a factor that increases the probability of damages.

Ideal documentation to claim:

  • DNI, NIE or passport (family book if there are minors).
  • Reserve the ticket.
  • Boarding pass.
  • Expenses tickets or other related documents.

When it's considered as a Cancellation?

The flight is considered "canceled" when the air carrier transports the passengers on another flight whose initial programming differs from that of the initially planned flight..

The passengers of the canceled flights can request compensation as long as the airlines have not complied with a series of obligations regarding the right to information and assistance. Ideal documentation to claim:

Ideal documentation to claim:

  • DNI, NIE or passport (family book if there are minors).
  • Reserve the ticket.
  • Boarding pass (of the canceled flight and alternative flight if applicable).
  • Expenses tickets or other related documents.

When is considered a Denial of Shipment (Overbooking)?

This is the refusal to transport passengers on a flight, despite having been presented to boarding in the required conditions, unless there are reasonable grounds to deny boarding, such as health or safety reasons or the presentation of travel documents inadequate. The denial of boarding not only includes situations of overbooking, but also denials of boarding for operational reasons.

Ideal documentation to claim:

  • DNI, NIE or passport (family book if there are minors).
  • Reserve the ticket.
  • Boarding pass (alternative flight if applicable).
  • Expenses tickets or other related documents.

When is Baggage considered?

There may be several incidents in the air transport of luggage such as the receipt of luggage with damage (or theft of belongings), the delay in the delivery of luggage (up to 21 days from the date of arrival) and the total loss of luggage (from 21 days is understood as lost).

To claim, it is necessary to have the following documentation:

  • DNI, NIE or passport (family book if there are minors).
  • Flight reservation and / or boarding pass.
  • Billing label
  • Part of Baggage Irregularity (P.I.R.).
  • Expenses tickets or other related documents.

Economic compensation

Less than 2 hours More than 2 hours More than 3 hours More than 4 hours Distance

Overbooking

250€ 250€ 250€ 250€ 1.500 kilometers or less
400€ 400€ 400€ 400€ All domestic EU flights of more than 1.500 km and all others between 1.500 and 3.500 km
600€ 600€ 600€ 600€ All non-EU domestic flights of more than 3.500 kilometers

Delay

0€ 0€ 250€ 250€ 1.500 kilometers or less
0€ 0€ 400€ 400€ All domestic EU flights of more than 1.500 km and all others between 1.500 and 3.500 km
0€ 0€ 600€ 600€ All non-EU domestic flights of more than 3.500 kilometers

Cancellation

125€ 250€ 250€ 250€ 1.500 kilometers or less
200€ 200€ 400€ 400€ All domestic EU flights of more than 1.500 km and all others between 1.500 and 3.500 km
300€ 300€ 300€ 600€ All non-EU domestic flights of more than 3.500 kilometers

Luggage

Delay Lost Damage
Important: File a claim at the Airport at the same time as the incident and fill out the part P.I.R.
Claim the company within 21 days from the time of receipt. After 21 days, luggage is considered lost and the company can already be reclaimed. Claim the company within 7 days of receipt
Amount of the compensation: Up to 1.500€
Overbooking
Less than 2 hours More than 2 hours More than 3 hours
250€ 250€ 250€
400€ 400€ 400€
600€ 600€ 600€
More than 4 hours Distance
250€ 1,500 kilometers or less
400€ All domestic EU flights of more than 1.500 km and all others between 1.500 and 3.500 km
600€ All non-EU domestic flights of more than 3.500 kilometers
Delay
Less than 2 hours Between 2 and 3 hours More than 3 hours
0€ 0€ 250€
0€ 0€ 400€
0€ 0€ 300€
More than 4 hours Distance
250€ 1,500 kilometers or less
400€ All domestic EU flights of more than 1.500 km and all others between 1.500 and 3.500 km
600€ All non-EU domestic flights of more than 3.500 kilometers
Cancellation
Less than 2 hours More than 2 hours More than 3 hours
125€ 250€ 250€
200€ 200€ 400€
300€ 300€ 300€
More than 4 hours Distance
250€ 1,500 kilometers or less
400€ All domestic EU flights of more than 1.500 km and all others between 1.500 and 3.500 km
600€ All non-EU domestic flights of more than 3.500 kilometers
Luggage
Delay Lost Damage
Important: File claim at the Airport at the same time as the incident and fill in the part P.I.R.
Claim the company within 21 days from the time of receipt After 21 days, luggage is considered lost and the company can already be reclaimed Claim the company within 7 days of receipt
Amount of the compensation: Up to 1.500€

Procedures and collection terms

In the first instance we always try to reach an economic agreement that is satisfactory for our clients. However, if in a reasonable period of 3 months we do not receive a response from the airline or it is unsatisfactory, we pass the file to one of our lawyers to claim compensation through judicial channels.

At Populetic we try to get your compensation as quickly as possible, but must take into account factors outside the internal organization of the company, such as the legal terms available to the airline or the workload and speed of the court that is competent.

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