10 things that cannot be claimed on flights
Although there are many cases in gray area and to which travelers are not protected, users should know when traveling by plane that in case of flight incidents they are entitled to information, assistance and maintenance, as well as economic compensation. In any case, there are cases that are not covered. Reclamador reminds them:
1. Delay of 180 minutes or less
For a passenger to be able to claim the compensations included in Regulation 261/2004 (from 250€ to 600€) it is necessary that the delay is longer than 180 minutes (3h). It is very important for travelers to be aware of this fact, because the regulations are very strict in this respect. In case of doubt, when the delay is very close to this period of time, the criterion to define the arrival time that is registered in the operational systems of the Spanish airports is the one corresponding to the detection of the aircraft by the docking guide of the terminal gangways and the subsequent chocking of the aircraft, as established by AENA. Many airlines argue that the time is computed from the moment the plane touches the ground and this criterion is not correct.
2. The passenger must travel properly documented
It is the passenger's obligation to carry valid documents to fly and to know the entry and/or exit requirements of the country to which he/she is going, in case of international travel. For example, the Security Plan approved in 2012 states that on domestic flights you can fly with your ID card or passport even if it has expired. This regulation is valid for Spanish travelers. In the case of loss, the traveler may also present the driver's license if it is issued in Spain. However, for trips abroad it is necessary to present the documents required for each case, such as valid passport, visa, return ticket...
3. Claiming hotel reservations and tickets not enjoyed
In case of flight delays and cancellations due to force majeure (e.g. controllers' strike) hotel nights booked at the destination or loss of tickets to shows cannot be claimed. The traveler can only claim for sufficient accommodation and meals until the departure of the flight at the place of origin of the problem.
4. Transportation expenses such as taxis
Neither are claimable the means of transport used to get to the airport or those used to go from the terminal to the home, such as cabs, buses, subway tickets… Only those transportation expenses already paid and not enjoyed due to the delay/cancellation will be claimable.
5. Food and beverages on board
There is no obligation on the part of the airline to provide meals on its flights. However, it is true that for years it was a custom practiced by almost all airlines, which generated in the passenger the perception that it is a service inherent to the transportation, when in fact it is not so.
6. Shortage of personnel
That there are few cabin crew members during the flight and the attention is deficient is not susceptible to claim and compensation. The law requires a minimum number of crew members depending on the number of passengers on the flight (up to 100, two crew members are required; thereafter, one more for every 50 passengers). However, each airline decides how many additional crew members it includes on its routes and there is no obligation to provide personalized treatment to passengers for this reason.
7. Refunds or cancellations
Except in the case of full fare tickets, it is not possible to request a refund for a ticket even if a problem arises. For this reason, many companies include in their general conditions the assumptions of reimbursement admitted or travel insurance for cases of illness of the traveler or family members.
8. Charges for checked baggage and seat selection
The traveler can also not claim charges that have been duly informed in the general conditions of the company. Although some surcharges have been declared null and void for being disproportionate or not constituting a real service to the passenger (e.g. card payments), others have been credited as valid: baggage check-in fee, seat selection fee, etc.
9. Cases with hand luggage
Requesting compensation under Regulation 261 if the passenger has refused to fly because the airline has not accepted his suitcase or items as hand luggage is not possible. Regardless of the possible liabilities for breach of contract of the airline, it is certain that no automatic compensation can be requested for this reason.
10. Changes of aircraft
There are travelers who choose to fly on certain models of aircraft (such as the A380) and when the time comes to make the trip, the company, whatever the reason, makes available to users another aircraft. Reclamador clarifies that what is contracted with the airline are some hours of departure and arrival and some services during the flight, but in no case is an essential element of the aircraft model, which is indicated only for information purposes.