From Sydney Airport to Barajas boarding gates, the computer failure caused by the Crowdstrike antivirus crash has disrupted thousands of flights this Friday, a peak day of the northern hemisphere’s summer season. That has forced some airlines to respond. An Iberia spokesman noted that it had only cancelled three flights on Friday – one to Berlin, another to Zurich and one to Amsterdam due to the airport closure – and that it had offered all affected passengers a fare waiver. “We got up first thing in the morning because of the power outage and checked in the bags with pen and paper, but what we have tried to do is help customers reach their destination,” the airline said. “It’s July 19, we understand that people want to go on holiday.” That hasn’t always worked, however: at least according to Aena, the Spanish airport operator In Spain, 105 flights were cancelled and more than 3,000 were delayed. This is the basic information and recommendations from consumer associations for affected passengers:
What are the airline's obligations?
In the event of serious delays, airlines operating in the European Union are obliged to provide assistance (food, drinks, accommodation, etc.) to passengers under certain conditions, as confirmed by the Reclamador.es platform and the consumer organisations Facua-Consumidores. in Acción and Asufin (Association of Financial Users). The airline must also offer the traveller an alternative to reach their destination as quickly as possible, for example by having them take another flight if possible.
Can I request a refund for the ticket?
In general line, affected travelers They have the right to claim the amount of the flight from the airline, in addition to the expenses they have incurred, as explained by Asufin and Facua, as long as the delay is more than five hours and the passenger decides to stay on the ground. The same happens when the flight is canceled less than two weeks in advance and the traveler does not like the alternative offered by the airline. The company must also pay the costs of food, drinks, accommodation and unexpected trips to hotels. If the airline does not offer a refund, the customer can in any case claim the airport tax. Airport taxes are expenses charged to airline staff and can also be claimed in the event of missing a flight.
Is there a right to compensation?
Unlike basic assistance, additional compensation depends on the cause of the flight delay or cancellation. European air traffic law stipulates that, since last Friday’s power outage was not the result of an internal problem for which the airlines are responsible, but rather an external incident – that is, a cause of force majeure – the passenger does not have the right to claim any compensation from the airline.
“Since it is not the result of problems of the airlines themselves, the traveller cannot claim this fact,” explains the specialised company Reclamador.es, which adds that the situation would be the same in the event of a cyberattack, such as that of WannaCry in 2017. In other circumstances, the compensation established by Regulation 261/2004 ranges between 250 and 600 euros, but in this case it seems difficult for those affected to see their right to recognition of those amounts.
How are costs declared?
The passenger must keep their flight tickets, as well as any receipts detailing the additional expenses, whether it is food or hotel accommodation, so that they can be shown to the company. After the expenses have been declared, the company has a period of one month to respond. If the customer does not receive a response, they can file a claim with the State Aviation Safety Agency (AESA), as described in Asufin. The traveler has a period of up to five years to file a claim.
“Passengers may also claim the compensation provided for in European regulations, or compensation for damages suffered, including damages affecting other associated services already paid for, such as a subsequent flight or hotel accommodation,” said the Consumers and Users Organisation (OCU), which added on its website that “any compensation or reparation must be requested in writing via the Aena website or at the airport counter or via the travel agency or platform. [con la que se haya contratado el viaje]”.
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