You must go to the airline counter in the baggage arrivals hall to fill out the Baggage Irregularity Report (PIR).
In the event that you need to purchase essential goods, it is imperative that you keep all original receipts or invoices in order to request reimbursement from the airline once the baggage has been delivered and always within 21 days from the date on which the baggage was made available to the passenger.
After 21 days from the date the baggage should have been delivered by the airline but has not arrived.
You should go to the airline counter in the baggage arrivals hall to fill out the Baggage Irregularity Report (PIR) and then file the corresponding claim with the airline in writing within 7 days.
The regulations establish a maximum limit of liability of 1,131 Special Drawing Rights (SDR) per passenger, unless a special declaration of value is made, and there is no automatic compensation for passengers.
The Special Drawing Right is a unit defined by the International Monetary Fund. Its equivalence in Euros can be found on the Bank of Spain website.
A) If your flight is cancelled from an EU airport or if your flight is cancelled from an airport outside the EU to an EU airport (only in case of flights operated by an EU airline), according to Regulation 261/2004 on Air Passenger Rights you have the right to:
- Receive care (sufficient food and refreshments depending on the waiting time, two free telephone calls, fax messages, telex or e-mails and if applicable, accommodation and transport between airport and accommodation);
- Choose between alternative transportation or reimbursement of the ticket within 7 days of the full cost of the ticket at the price at which it was purchased, corresponding to the part of the trip not taken or the part of the trip taken that no longer serves any purpose in relation to the initial travel plan. Also in case of a refund, return flight to the first point of departure as soon as possible; and
- Compensation depending on the distance of the flight, provided it has not been cancelled due to extraordinary circumstances, ranging from EUR 250 to EUR 600 per passenger depending on the distance of the flight. If alternative transportation is offered, the compensation may be reduced by 50%, depending on the delay in arrival.
Compensation will not be payable:
- If the airline has informed of the cancellation at least 2 weeks in advance of the scheduled departure time;
- If the airline has given notice between 2 weeks and 7 days prior to the scheduled departure time and has offered re-routing with departure no more than 2 hours in advance and arrival at the final destination less than 4 hours late; or
- If the airline has informed of the cancellation less than 7 days prior to the scheduled departure time and an alternative flight has been offered with departure no more than 1 hour in advance and arrival at final destination less than 2 hours late.
B) If the cancelled flight does not originate in the EU and is not operated by an EU airline departing from a third country to an EU country:
If the air carrier operating the flight is licensed in a country that has signed the Montreal Convention, the air carrier's liability for damage caused by delay in arrival is limited to a maximum of 4,694 SDRs per passenger. Such liability shall cease if the carrier proves that it and its servants and agents took all measures that were reasonably necessary to avoid the damage or that it was impossible for it and others to take such measures.
A) If you are delayed on a flight departing from an EU airport or if you are delayed on a flight departing from an airport outside the EU to an EU airport (only in case of flights operated by an EU airline), according to the Air Passenger Rights Regulation 261/2004:
Provided that the delay is: (i) 2 hours or more in the case of all flights of 1,500 km or less; (ii) 3 hours or more for intra-EU flights over 1,500 km and all flights between 1,500 and 3,500 km; and (iii) 4 hours or more for all other flights, you are entitled to:
- Sufficient food and refreshments based on waiting time;
- Two free telephone calls, fax messages or e-mails; and
- When the scheduled departure time is at least the day after the announced departure time, accommodation, as well as in that case transportation between the airport and the accommodation;
- In addition, if the delay is at least 5 hours, reimbursement within 7 days of the full cost of the ticket at the price at which it was purchased, corresponding to the part of the trip not taken or the part of the trip taken that no longer serves any purpose in relation to the initial travel plan. Also, where applicable, return flight to the first point of departure as quickly as possible; and
- Finally, if the delay means arriving at the final destination three or more hours later than originally planned, you are entitled to claim financial compensation as if it were a flight cancellation, as provided for in Article 7 of Regulation No. 261/2004, unless the air carrier can prove that the long delay is due to extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.
B) If the delayed flight does not originate in the EU and is not operated by an EU carrier departing from a third country to an EU country:
If the air carrier operating the flight is licensed in a country that has signed the Montreal Convention, the air carrier's liability for damage caused by the delay in arrival is limited to a maximum of 4,694 SDRs per passenger. Such liability shall cease if the carrier proves that it and its servants and agents took all measures that were reasonably necessary to avoid the damage or that it was impossible for either of them to take such measures.
A) If you are denied boarding on a flight departing from an EU airport or operated by an EU air carrier flying from an airport outside the EU to the EU, under the Air Passenger Rights Regulation 261/2004 I have the right to:
- Receive care (sufficient food and refreshments depending on the waiting time, two free telephone calls, fax messages, telex or e-mails and if applicable, accommodation and transport between airport and accommodation);
- Choose between alternative transportation or reimbursement of the ticket within 7 days of the full cost of the ticket at the price at which it was purchased, corresponding to the part of the trip not taken or the part of the trip taken that no longer serves any purpose in relation to the initial travel plan. Also in case of a refund, return flight to the first point of departure as soon as possible; and
- Compensation depending on the distance of the flight, ranging from 250 to 600 euros per passenger depending on the distance of the flight. If alternative transportation is offered, the compensation may be reduced by 50%, depending on the delay in arrival.
B) If you are denied boarding on a flight not originating in the EU or operated by an EU airline departing from a third country to an EU country:
If the air carrier operating the flight is licensed in a country that has signed the Montreal Convention, the air carrier's liability for damages for delay in arrival is limited to a maximum of 4,694 SDRs per passenger.
Such liability will cease if the carrier proves that it and its servants and agents took all measures that were reasonably necessary to avoid the damage or that it was impossible for one or the other to take such measures.
If the carrier places you in a lower class seat than the one you booked, provided that the flight departs from an EU airport or is operated by an EU carrier flying from outside the EU to the EU, according to Regulation 261/2004 on Air Passenger Rights, you have the right to be reimbursed by the airline within the following 7 days:
- 30% of the passenger's ticket price for all flights of 1,500 km or less, or.
- 50% of the ticket price for all intra-Community flights over 1,500 km, except flights between the European territory of the Member States and the French overseas territories, and for all other flights between 1,500 and 3,500 km, or
- 75% of the ticket price for all flights not included in the above cases, including flights between the European territory of the Member States and the French overseas territories.
However, for all other flights to which Regulation 261/2004 does not apply, passengers are not entitled to this right.