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AESA's new alternative dispute resolution procedure

As of 2 June 2023, the Agencia Estatal de Seguridad Aerea of Spain (AESA) has been recognised as an Alternative Dispute Resolution entity in the air transport sector providing air transport users with an alternative option to resolve their disputes on the application of Regulations (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/9; and (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

The scope of application of this new dispute resolution system is set out in Art.2 of Order TMA/201/2022, of 14 March.

If you experience an incident covered by this Order, prior to the initiation of the alternative dispute resolution procedure, you must file a prior complaint, for which you can request a "prior complaint form" from the customer service departments and services, including our company's sales and customer service counters at airports, or you can fill in the prior complaint form on our website.

If the resolution of the complaint offered by the airline is not entirely satisfactory to the passenger or after the expiry of a period of one month from the date of the presentation of the complaint, the passenger may then appeal to the Agencia Estatal de Seguridad Aérea (AESA) for alternative dispute resolution for the protection of air transport users (Reg. (EC) 261/2004 and Reg. (EC) 1107/2006) with the express exclusion from this procedure of claims relating to baggage, damages and clauses in the contract of carriage

It is cause for inadmissibility of the claim before AESA its presentation once a period of one year has elapsed from the presentation. The decision taken by AESA in alternative dispute resolution is binding on the airline.

This resolution applies only to flights originating in Spain.
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