Passenger rights

The European Union has set out the passenger rights that airlines must respect and safeguard in their operations. The main rights are as follows:

When making enquiries about or booking a flight through a travel agent in the European Union, each passenger has the right to neutral and accurate information on:

  • The different options available for a journey ranked in the following order:

- Non-stop flights

- Flights with intermediate stops, but without change of aircraft

- Connecting flights

  • All the fares available from different airlines, as displayed.

A travel agent must give passengers direct access to the information shown by the computer system if they request it, either by allowing them to see the screen or by printing it out.

If the ticket is booked through a travel agent or directly by an airline, they must pass on to the passenger all information available in the computer system about:

  • The identity of the air carrier that will actually provide the service, as opposed to the carrier mentioned on the ticket
  • Changes of aircraft during the journey
  • Stops en route during the journey
  • Transfers between airports during the journey

Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004, in force since 17 February 2005 (the "Regulation"), establishes common rules for airlines on compensation and assistance to passengers in the event of denied boarding, cancellations or long delays of flights.

The Regulation applies as follows:

As long as passengers have a confirmed reservation on the flight concerned, and, except in the case of cancellation, present themselves for check-in as stipulated on the ticket or, if no time is indicated, not later than 45 minutes before the published departure time:

  • Passengers departing from an airport located in the territory of a Member State to which the Treaty applies.
  • Passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country.
  • This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public.

Operating air carriers are required to give priority and special care to persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. Iberia Express is proud to comply with this regulation.

In the event that there are more passengers with a confirmed booking on a flight than available seats (overbooking), and providing the check-in procedures have been performed with the minimum time required, Iberia Express will call for volunteers to surrender their reservations in exchange for an agreed compensation and the assistance mentioned in section 1.2.

If an insufficient number of volunteers comes forward and the airline has no option but to deny other passengers boarding against their will, these passengers will be entitled to compensation and assistance. When there is a justified reason for denying boarding, passengers will not be entitled to any type of compensation and/or assistance.

Boarding may be denied in any of the following situations:

(a) When carrying the passenger and/or his or her baggage could endanger the safety, health, comfort or integrity or the aircraft or any of its parts, or the comfort of other passengers or crew.  In particular, if the passenger makes any threat, adopts intimidating behaviour or uses aggressive or insulting language with ground personnel and/or crew.

(b) When the passenger’s physical or mental state, including a state caused by the consumption of alcohol, drugs or medications, may involve a danger or even a risk to him or herself, other passengers, crew or property.

(c) When the passenger has upset security, order and/or discipline during check-in or, in the case of connecting flights, during a previous flight and the carrier has sound reasons to believe that this behaviour could be repeated.

(d) When the passenger refuses to submit to the anticipated security checks and/or refuses to duly prove his or her identity.

(e) Any other similar situation based on reasons of health or safety, as long as there is due cause and could endanger the health of passengers and/or crew, or when the passenger does not present the travel documents required in accordance with prevailing legislation.

The compensation may be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

The electronic vouchers Iberia Express offers in these situations may be exchanged for cash or for a travel voucher (MCO) of a higher value that may be used to buy tickets on Iberia or Iberia Express. 

A

Flights under 1,500 km

€250* or MCO

B

Intra-Community flights of more than 1,500 km and all other flights between 1,500 km and 3,500 km

€400* or MCO

C

Other flights not included in the points above

€600* or MCO

* Compensation will be reduced by 50% when the arrival time of the alternative flight is no more than 2 hours (flights included in section A), 3 hours (flights included in section B) or 4 hours (flights included in section C) later.

Passengers may choose between:

  • Carriage to their final destination, in comparable transport conditions, as soon as possible or on a later date at the passenger’s convenience, depending on available seats.
  • Reimbursement** within 7 days for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure

In addition, passengers will also be offered the following, free of charge:

  • Meals and refreshments in a reasonable relation to the waiting time
  • Two telephone calls, telex or fax messages, or e-mails
  • If an overnight stay is necessary: accommodation, where appropriate, and transport between the airport and place of accommodation

In the case of flight cancellation the following will apply:

Under the Regulation, operating air carriers are not required to pay compensation to passengers when:

  • It can be proven that the cancellation is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken (cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings, airport congestion, air traffic management and strikes that affect the operation of an operating air carrier).
  • Passengers are informed of the cancellation at least two weeks before the scheduled time of departure.
  • Passengers are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival.
  • Passengers are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.

 

  • If none of these circumstances occur, passengers with confirmed reservations for a flight that has been cancelled will be entitled to:
  • €125 for flights of less than 1,500 km, when the arrival time of the alternative re-routing offered does not exceed the scheduled arrival time of the flight originally booked by two hours; or €250 ¡f the delay is more than two hours.
  • €200 for intra-Community flights of more than 1,500 km and for all other flights between 1,500 km and 3,500 km, when the arrival time of the alternative re-routing offered does not exceed the scheduled arrival time of the flight originally booked by three hours; or €400 ¡f the delay is more than three hours.
  • €300 in respect of all flights not falling under the above two points, when the arrival time of the alternative re-routing offered does not exceed the scheduled arrival time of the flight originally booked by four hours; or €600 ¡f the delay is more than four hours.
  • The compensation may be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
  • The electronic vouchers Iberia Express offers in these situations may be exchanged for cash or for a travel voucher (MCO) of a higher value that may be used to buy tickets on Iberia or Iberia Express.
  • In order to claim compensation in the aforementioned cases, passengers should contact our Customer Service Department using the telephone numbers and addresses indicated on this website.

Passengers may choose between:

  • Carriage to their final destination, in comparable transport conditions, as soon as possible or on a later date at the passenger’s convenience, depending on available seats.
  • Reimbursement** within 7 days for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure.

 

In addition, passengers will also be offered the following, free of charge:

  • Meals and refreshments in a reasonable relation to the waiting time
  • Two telephone calls, telex or fax messages, or e-mails
  • If an overnight stay is necessary: accommodation, where appropriate, and transport between the airport and place of accommodation

When Iberia Express reasonably expects a flight to be delayed beyond its scheduled time of departure:

  • For two hours or more in the case of flights of 1,500 km or less
  • For three hours or more in the case of all intra-Community flights of more than 1,500 km and of all other flights between 1,500 km and 3,500 km
  • For four hours or more in the case of all other flights

Iberia Express will offer its passengers free of charge:

  • Meals and refreshments in a reasonable relation to the waiting time
  • Two telephone calls, telex or fax messages, or e-mails
  • If an overnight stay is necessary: accommodation, where appropriate, and transport between the airport and place of accommodation

When the delay exceeds five hours, passengers will be offered the choice between reimbursement** within 7 days for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, a return flight to the first point of departure.

If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days reimburse** the following proportions of the price of the segment(s) for which this occurred:

  • 30% for all flights of 1,500 km or less
  • 50% for all intra-Community flights of more than 1,500 km and for all other flights between 1,500 km and 3,500 km
  • 75% for all flights not included in the above points

** Reimbursements: To request reimbursement in the aforementioned cases, the purchaser of the ticket must contact the office, agency of point of sale where the purchase was made.

Passengers are entitled to certain compensation by airlines in the event of accident or damage. Rights to compensation are applicable up to the limits of responsibility established in this section, on a basis proportional to the hardship suffered, unless the air carrier took all reasonable measures to avoid the damage or it was impossible to take such measures. (Regulations (EC) 2027/1997 and 889/2002).

Domestic and international flights

DELAYS

Immediate attention:
An OVERNIGHT kit for passengers who are NOT RESIDENT in the country where the incident took place, and who expect to be without their baggage overnight.

Compensation for delays:
Evaluation, subject to presentation of receipts, of expenses incurred on account of the passenger not having access the personal items transported in his or her baggage, up to 1,131 special drawing rights per passenger (*).

With special declaration of interest in delivery at destination:
The amount declared, providing the supplementary sum was paid

(Article 22 Montreal Convention and Annexes to Regulations (EC) 2027/1997 and 889/2002)

MISSING BAG
(See NOTE 1)

With special declaration of interest in delivery at destination:
The amount declared, providing the supplementary sum was paid

(Article 22 Montreal Convention and Annexes to Regulations (EC) 2027/1997 and 889/2002)

DAMAGE
(See NOTE 2)

The following alternatives will be applied, in the order shown below:

1. Repair of the damaged item

2. Replacement for a similar item

3. Up to 1,131 special drawing rights per passenger (*)

(Article 22 Montreal Convention and Annexes to Regulations (EC) 2027/1997 and 889/2002)

NOTES

1. Less any compensation previously paid on account of delay

2. These solutions will apply as permitted by the circumstances of the particular case, in the order shown above.

* As defined by the International Monetary Fund, the value of the special drawing right fluctuates daily, and the rate applied will be that prevailing at the date of the incident. For further information, contact our offices or consult the Bank of Spain website (http://www.bde.es/bde/es/).

 

"Receipt by the person entitled to delivery of checked baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage". (Article 31 Montreal Convention)

In addition, the passenger must inform the carrier of the incident, in writing, forthwith.In the case of damage to checked baggage (...) at the latest, within seven days, and in the case of delay, within twenty-one days, both from the date on which the baggage or cargo have been placed at the passenger's disposal." (Article 31 Montreal Convention and Annexes to Regulations (EC) 2027/1997 and 889/2002)

Deadline for claimDomestic and international flights

For filing a claim for compensation

 

Delay.…………………………………. 21 days
Missing bag………………………………….. 21 days
Damage…………………………………… 7 days

(Article 22 Montreal Convention and Annexes to Regulations (EC) 2027/1997 and 889/2002)

 

To bring an action

TWO YEARS

(Article 22 Montreal Convention and Annexes to Regulations (EC) 2027/1997 and 889/2002)