Reservar un billete de avión (inglés)

Before departure, I was asked to pay a supplement for a rise in fuel prices (or for the airport tax). Do I have to pay it?

In principle, once the ticket has been issued, the tariff (price) cannot be changed. The general conditions may, however, include clauses that permit the price to be modified when these are government taxes, duties and levies that have not previously been collected (generally speaking these are included discriminately (separately? - not sure what this means) in the tariff). If there is such a possibility, this should be clearly indicated on the ticket and it should be distinguished from the price of the transport service (art. 13 LGCCU). The consumer has the right to demand a receipt justifying that such a tax has been paid.

When I arrived at the airport, they told me the plane was full, and I couldn't leave until the next day. Am I entitled to compensation?

If you are citizen of a member state of the EU, in the event of overbooking your rights as passenger who has been refused boarding on a scheduled flight are set out in the Council Regulation No. 295/91l of 4th February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport.

In such an event, the compensation is automatic: the user does not have to justify the damages he has been caused. Firstly, the air carrier should provide you with a form setting out the compensation you are entitled to. You may choose between reimbursement (without penalty) of the cost of the ticket for the part of the journey not made, rerouting to your final destination at the earliest opportunity, or re-routing at a later date at your convenience. Irrespective of what you choose, the air carrier shall, immediately after boarding has been denied, pay a minimum compensation amounting to ECU 150 for flights of up to 3,500 km., and ECU 300 for flights of more than 3,500 km. When the air carrier offers re-routing to the final destination on an alternative flight, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked by two hours for flights of up to 3,500 km., and by four hours for flights of more than 3,500 km., this compensation may be reduced by 50%.

The expenses for meals, refreshments and hotel accommodation during the waiting period shall also be borne by the air carrier and the cost of a telephone call and/or telex or fax message to the point of destination.

You may also obtain additional compensation but will have to apply to the courts having jurisdiction.

The plane left 5 hours late. Can I claim anything?

When there is any delay, the air carrier must inform the passengers of the causes for this delay.

The rules that regulate domestic air transport only state that the air carrier is free from responsibility when the delay (or cancellation) is due to force majeure(not sure about this either - an act of God?), or due to weather conditions that would affect the safety of the passengers; in these cases you hare the right to a reimbursement of the cost of your ticket, and the air carrier will be discharged from any liability.

When there is no justification for the delay, the user has the right to compensation for any proven damage he has been caused due to the air carrier failing to uphold its contract.

On international flights, the company must assume responsibility for the damage caused by a delay in the transport of passengers or the mishandling of baggage or goods, unless it can prove it took all the necessary measures to avoid this.

Contrary to what happens in the case of overbooking, however, when the delay is the fault of the air carrier, there is no predetermined compensation, and in practice, to receive any compensation, in most cases it must be claimed by application to the courts having jurisdiction.

When speaking to person sitting beside me in the next seat I found out that his ticket had cost him less than mine. Is this usual?

For each route, depending on what airline company you choose, there may be different tariffs (the tariff is the price you pay for your transport contract from the airport of origin to the airport of destination). And not only this: there may also be different tariffs for the same flight with the same air carrier. Some tickets have discounts and reductions that may represent a substantial saving, due to different airline companies offering the same air transport routes. Consequently there are cheaper tariffs that offer important discounts, in exchange for stricter and more limited conditions. These cheaper tariffs are usually subject to certain restrictive conditions of use, with a minimum period of stay, impossibility to make changes or to provide reimbursement of the fare, etc. In all events you should make enquiries. It could well be worth the trouble.

On reaching my destination, I found my suitcase had disappeared. What can I do?

The Air Carrier is liable for any damage caused by the mishandling of the passenger's belongings during transport, due to deterioration, delay, loss, etc.

If there are any incidents over the checked-in baggage, you should immediately contact the employee at the airline company's desk ,report the nature of the damage and initiate the relevant formalities to locate it and receive appropriate compensation as soon as possible.

You should make your claim in writing, on the spot, and when this is a domestic flight, within ten days from delivery (or when the baggage has been lost, not later than ten days from the date when it should have been delivered to you).

When this is an international flight, the term is extended: in case of baggage delay, the complaint must be made not later than twenty-one days from the date on which the baggage was placed at the receiver's disposal.

In any case, the air carrier's liability is not unlimited. The liability for baggage is as follows:

On domestic flights (art. 118. 1, 2 of the LNA written in accordance with Royal Decree RD 37/2001 of 19th January):

- For loss or deterioration to checked baggage and hand luggage, up to a limit of 691.16 euros per item (115.000 pesetas) 500 deg.

- For delay in delivery of the checked baggage, the maximum liability is the price of the air fare.

On international flights:

- The compensation for loss or deterioration is 24.04 euros (4.000 pesetas) 17 deg per kg. (Aena Guide).

These limits are not applicable, however, if the passenger has made a special request for a higher liability limit (art. 118 LNA), or when the air carrier or its employees have shown fraudulent action or serious negligence (art. 121 LNA).