Airlines operating in Spain are facing stern warnings from the Provincial Court over their persistent reluctance to compensate passengers for flight delays and other disruptions. The court has recently issued a series of rulings compelling carriers to pay compensations of up to 4,800 euros, dismissing one of their common excuses: the use of claim management websites.
The court's magistrates have emphasised that this matter was settled by the European Court of Justice over a year ago. They're now warning that the Efficiency Law, which came into force last April, penalises such obstructionist behaviour: "Persistence in this procedural conduct will lead to corresponding responsibilities in accordance with current regulations and jurisprudence."
For years, airlines' defensive strategies have triggered thousands of legal proceedings from passengers seeking compensation. While affected travellers can file claims directly in court without requiring a solicitor or legal representative, many opt for the more straightforward route of using specialised claims websites. Some airlines had been rejecting these claims based on a clause in their tickets, arguing that passenger rights are personal and non-transferable to third parties.
In all cases resolved by the Provincial Court, flight delays and passenger compensation rights were acknowledged, yet payments were avoided using the non-transferability argument. One notable case involved twenty passengers on a delayed flight from Alicante to Palma, which was delayed by more than three hours without justification.
The court criticised airlines' alleged concern about potential harm to passengers from credit assignments. The ruling states: "This concern would be more efficiently addressed by providing proof of payment, especially in cases where the basic fact triggering the compensation obligation isn't denied." The new Efficiency Law requires parties to attempt mediation before litigation, effectively compelling airlines to settle valid claims without court intervention.