After being working all winter to get the yearning desire vacation, some choose the field, the other beach. The means of transport are varied from the most common is the car to the aircraft, train and bus.
Who does not know someone who is lost luggage at the airport? Or worse yet, who has not suffered in their own meat? This wonderful trip boyfriends, study with friends ... begins or ends on a non darling.
This blog is going to be about what options we have when there is loss of baggage, and when we experience the cancellation, delay or overbooking
The rights that we attend, many more times because of lack of information and know they can be very useful to be able to demand, although for us to see that they have clearly been violated is always advisable to go to a lawyer who can advise us accordingly.
Lost luggage:
In the case of loss of baggage the passenger has the right to compensation will depend on the means of transport used and the scope, if national or international.
In the air once is not that our suitcase on the conveyor belt or in their surroundings (some might have been removed by the confused thinking that it was theirs), must file a claim, formally called the Baggage Irregularity Party(PIR) usually in the baggage hall (in Help).
This claim will be brought together andalusia No flight and destination, description of the luggage and an address to receive the mail. In the event that the claim could not immediately make available a maximum of 10 days (domestic flights) and 21 (international), while the action to demand payment of compensation to the prescribed six months.
We are also legal actions to be undertaken within a maximum of 2 years.
You can also raise complaints to the Customer Care Section of the Directorate General of Civil Aviation of the Ministry of Public Works.
According to AENA, the deterioration or loss of baggage or hand is compensated to 736.74 euros per unit. On international flights, the limit of compensation for loss, destruction, damage or delay of checked baggage is 25.05 euros per kilo. For hand baggage, liability is limited to 489.20 euros per passenger.
Given the disruption and losses that the delay caused to the passenger concerned, either for reasons of business, family, personal or otherwise, airlines have an international system of compensation which includes reimbursement of the number of garments purchased, duly accredited invoices, whether shoes, shirts or dresses. In addition, the airline handed a small bag of toiletries to the person affected by the loss.
In the trains there is a compensation system for these cases because there is no previous billing in airports with the same time they billed us away luggage and is the sole responsibility of the airline concerned. However there are times when it is agreed that compensation (eg the AVE in a maximum of € 300 per bag)
The land transport (buses), usually at 12 € per kilo and will fill out the claim on the airline itself.
In the sea is generally used sheet claims.
Apart from the above claim is also convenient to the travel agent if it is a package.
Flight delays and cancellations:
Are regulated by Regulation (EC) No.. 261/2004 of the European Parliament and the Council.
In both cases, provided that the flight departs from an EU airport or not a community whose rules have no compensation and assistance, provided the passenger has to have a confirmed reservation ticket or other proof accepted by the airline, to be charged under the conditions and time required or has been transferred to the flight that had a reservation to another flight.
The airline is liable for damage occasioned by delay with respect to the scheduled time of departure:
for 2 hours or more in the case of all flights of 1,500 kilometers or less;
for 3 hours or more in the case of all intra-Community flights of more than 1,500 kilometers and all other flights between 1,500 and 3,500 kilometers, or
of 4 hours or more on flights not falling under the preceding paragraphs.
However, shall not be liable if he proves that all measures reasonably necessary to avoid this or that it was impossible to take such measures.
Both the delays, cancellations and "overbooking", the company will offer passengers free meals and refreshments in a reasonable relation to the waiting time, and two telephone calls, telex or fax messages or emails.
In addition, we offer free hotel accommodation when necessary or a stay of several nights or a stay additional to that provided by the passenger, and made available to transport passengers between the airport and place of accommodation. But only provide hotel accommodation and transportation when the scheduled departure of flight alternative is at least the day after the previously announced hours.
The airline will pay special attention to the needs of disabled people and their companions as well as unaccompanied minors.
When the delay is at least 5 hours, the company will offer a refund to the passenger in 7 days of the full cost of the ticket price at which it was bought, for the part of the journey not made as part of the journey completed, if the flight and has no place as scheduled passenger's original travel, and, if necessary, a return flight to the first point of departure as quickly as possible.
In the case of cancellation shall be entitled to compensation in an amount of:
250 euros for flights up to 1,500 kilometers.
400 euros for all flights of over 1,500 kilometers, and for all other flights between 1,500 and 3,500 kilometers.
600 euros for all flights not falling under the preceding paragraphs.
The carrier of the flight may be reduced by 50 percent above where the compensation offered alternative transportation permits on arrival to final destination with a difference in arrival time with respect to the originally scheduled flight booked for:
No more than 2 hours for all flights up to 1,500 kilometers.
No more than 3 hours for all flights of over 1,500 kilometers, and for all other flights between 1,500 and 3,500 kilometers, or
Does not exceed 4 hours for all flights not falling under the preceding paragraphs.
They may be reimbursed the cost of the ticket, in some cases.
But releasing the carrier to pay any financial compensation if the cancellation was due to extraordinary circumstances or force majeure, including strikes affecting the company and the passenger has been informed in time between 2 weeks and 7 days with respect to the scheduled time of departure.
Overbooking:
Can be defined as the denial of boarding on a flight, even if they have a confirmed reservation on that flight and that, except in the event of termination, have been submitted within the billing period and the conditions or have been transferred by an airline or tour operator, unless he has reasonable grounds to deny them boarding, such as reasons of health or safety or the submission of improper travel documents.
The ticket is valid document giving entitlement to transport, or its equivalent in form, including electronic form, issued or authorized by the airline or its authorized agent.
The reserve is the fact that the passenger has a ticket or other proof that the reservation has been accepted and registered by the airline or tour operator.
When a company expects to deny boarding on a flight, you must first ask for volunteers to surrender their reservations in exchange for certain benefits, under conditions agreed with the company, and also entitled to reimbursement or an alternative.
Only if the number of volunteers is not enough, the airline may deny boarding to passengers against their will and must immediately compensate and assist, as shown in the following paragraphs
Compensation for the carrier responsible for the flight are:
250 euros for flights up to 1,500 kilometers.
400 euros for all flights of over 1,500 kilometers, and for all other flights between 1,500 and 3,500 kilometers.
600 euros for all flights not falling under the preceding paragraphs.
The carrier of the flight may be reduced by 50 percent above where the compensation offered alternative transportation permits on arrival to final destination with a difference in arrival time with respect to the originally scheduled flight booked for:
No more than 2 hours for all flights up to 1,500 kilometers.
No more than 3 hours for all flights of over 1,500 kilometers, and for all other flights between 1,500 and 3,500 kilometers, or
Does not exceed 4 hours for all flights not falling under the preceding paragraphs.
When he is entitled to a refund or alternative transport options are as follows:
Refund in 7 days of the full cost of the ticket price at which it was bought, for the part of the journey not made as part of the journey completed, if the flight no longer be justified under the plan of the passenger's original travel, and, where appropriate, a return flight to the first point of departure as quickly as possible.
A passenger on a flight that forms part of a package will be offered, if appropriate, a return flight to the first point of departure as quickly as possible, but no repayment mentioned in the preceding paragraph.
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In comparable conditions, transport as soon as possible to their final destination, or
Transport to their final destination at a later date at the passenger's convenience in terms of available seats.
Where a city or region has several airports, the airline that offers alternative transportation to an airport other than the destination airport reserved for the passenger, shall bear the cost of traveling between the airport and the airport for replacement which made the reservation or another nearby alternate destination, agreed with the passenger.
If the carrier of the flight a passenger in a seat of higher class than the contract does not seek any additional payment, while a passenger in a lower class reimbursed within a period of seven days 30 percent the price of the ticket for all flights of 1,500 kilometers or less, 50 percent for all flights of over 1,500 kilometers (except flights between Europe and the French overseas territories) and for all other flights between 1,500 and 3,500 kilometers, or 75 percent for all flights other than the above.
Under Regulation 261/2004 can lodge an appeal before the competent courts in order to further compensation.
The airline denied boarding or cancellation of a flight shall provide each passenger affected with a form setting out the rules on compensation and assistance.
Also, provide an equivalent to each passenger affected by a delay of at least 2 hours.
This information must be applied using appropriate alternative means for blind or visually.
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