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Has your flight been delayed or cancelled due to the worldwide IT outage? These are your rights
Consumer affairs

Has your flight been delayed or cancelled due to the worldwide IT outage? These are your rights

The issued has caused problems for numerous companies, including Spain's airport operator AENA and various airlines, leading to delays and even the cancellation of some flights

Raquel Merino

Málaga

Friday, 19 July 2024, 15:18

A worldwide crash of Microsoft's system following an update of Crowdstrike, a tool that allows malware to be blocked, is causing problems for numerous companies, including Spain's airport operator AENA and various airlines, leading to delays and even the cancellation of some flights.

If you are one of those affected, you should know that you have some basic rights and the Spanish Organisation of Consumers and Users (OCU) has reminded passengers how to complain.

Delay or cancellation

In the event of both delays and cancellations, airlines must provide adequate assistance to passengers. If there is a delay, they must offer free of charge meals appropriate to the waiting time and destination of the flight (sufficient food and drink if the delay is two hours for flights up to 1,500 km, three hours for intra-EU community flights over 1,500 km and any flight between 1,500 km and 3,500 km, and four hours for flights over 3,500 km). If necessary, they must also provide them with overnight accommodation and transport to enable them to travel between the airport and the places of accommodation. Airlines have a greater duty of care towards people with disabilities or reduced mobility.

In the event of cancellation, the airline must offer passengers an alternative means of reaching their final destination by similar transport, or a change of flight free of charge. Those affected who are not interested in either of these options have the right to request reimbursement of the ticket price.

Right to compensation

When the passenger arrives at the final destination three or more hours after the arrival time initially scheduled by the airline, the passenger may be entitled to compensation ranging from 250 euros to 600 euros, depending on the distance of the flight. Spain's state air safety agency (AESA) reminds that «these amounts can be reduced by 50% if the airline offers alternative transport and meets a series of requirements regarding the time of arrival at the final destination». However, the passenger will not be entitled to compensation if the company has informed him/her of the cancellation 14 days before the scheduled flight, or between two weeks and seven days before and has offered him/her an alternative transport that departs no more than two hours in advance and arrives at the final destination less than four hours late.

The OCU recommends keeping any documentation (ticket, locator, any communication, video or photographs...), as well as proof of the expenses incurred due to non-compliance with the duty of care (proof of payment in restaurants, accommodation reservations, and means of transport paid by the user), in order to be able to make a proper claim.

How to claim

The consumer organisation details that any compensation or indemnification must be requested in writing using the complaint forms that can be found at the airline's information or ticket sales counters or from the airlines' own websites. It can also be made through the travel agency or the platform through which the service was paid for.

In the event that the response is not in accordance with their claims, and in the case of complaints to airlines departing from Spanish airports or airlines landing in the country, can file a complaint with the Spanish Air Safety Agency (AESA), In the case of complaints to airlines departing from Spanish airports or airlines landing in Spain, a complaint can be lodged with the Spanish Aviation Safety Agency (AESA), the body responsible for ensuring compliance with passengers' rights and which, since May this year, has been authorised as an alternative dispute resolution body, which in practice means that its reports are binding and obligatory, thus avoiding the need for consumers to take legal action.

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surinenglish Has your flight been delayed or cancelled due to the worldwide IT outage? These are your rights