Malaga airport
Air passenger rights
Air passenger rights are protected by European Regulation No. 261/2004 of the European Parliament and of the Council.
When these rights are violated, passengers are entitled to lodge a complaint, which may result in compensation, either financial or otherwise. Alternatively, if passengers are dissatisfied with services provided by entities related to their flight but do not meet the criteria for filing a formal claim, they still have the right to submit a complaint or suggestion. Read below to find out how you can assert your rights if your flight is delayed, overbooked, or otherwise disrupted.
Cases in which you have the right to complain
The following is a list of the most common situations where passengers have the right to file a complaint. These are typically lodged with airline offices, airports, or other travel-related entities, such as travel agencies or tour operators.
For claims to be considered valid, certain conditions must be met. Passengers must have fulfilled their obligations, and their rights must have been unjustifiably infringed. However, it is important to note that some legally recognized situations —such as cases of force majeure— may exempt airlines or other entities from liability, thereby invalidating claims.
- Flight delay or cancellation due to airline strike (claimable up to 3 years ago).
- Non-existent, confusing, neutral information or denial of information.
- Denied boarding due to overbooking, delays or flight cancellation.
- Failure to provide the right to complain.
- Issues with ticketing, including incorrect class changes or discrepancies in booking.
- Delays in the departure or arrival of the flight.
- Lack of assistance in the event of delays in departure.
- Missed flight or missed connecting flight.
- Damage to or loss of baggage.
- Discrimination against passengers with disabilities or reduced mobility.
- Lack of security at the airport or on board aircraft.
- Deficiencies in the service provided at the airport or on the aircraft.
- Accidents and/or injuries.
- …other cases .
Passengers affected by cancellations can go to use specialised complaint specialized claims services and obtain economic compensation for the cancelled or delayed flight.
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How to file a complaint
Before leaving the airport or the area where the incident occurred, make sure to understand how the complaint process works (e.g., the method or channel, deadlines, required evidence, etc.), as some complaints must be addressed on-site, while others can be processed within a reasonable timeframe via post or online.
To do so, depending on the entity you are filing the complaint with, you can find complaint forms at airline counters, airport information desks, or even in airport shops and restaurants. If you don't need to file the complaint in person, you can download the form online.
Be thorough in detailing the events that occurred and keep all documentation, even if it initially seems unnecessary. After submitting the complaint, if you do not receive a response within the specified time frame or are not satisfied with the response, you can escalate the matter to the courts or contact the AEASA (Aviation Safety Agency) in case of a complaint against an airline.
If you don't have the time or find it complicated, you can also turn to a company specializing in air claims, such as AirHelp. They will handle the entire process on your behalf, and in return, they will take a small percentage of the compensation they secure for you.
Additional information
Due to the complexity and the constant evolution of the regulations and the laws, the information given herewith may not be complete, incorrect, incomplete or not yet updated. Therefore it is within your responsibility to do everything in your power in order to gather the necessary information.
You can find further information (details of each case, compensation, regulations, addresses and telephone numbers, etc.) on the aeropuertosenred.com website, in the sections dedicated to Passenger Rights.
