The ministry responsible for the protection of Consumer Rights has stated that several airlines operating in Spain are not providing the correct information to users who, due to cancellation of flights because of the pandemic, have opted for their right to reimbursement.
Hindering the user’s access to their right to reimbursement does not comply with the recommendations of the European Union. For this reason, Alberto Garzón, member of the Congress of Deputies of Spain, has addressed the presidents of airlines and industry associations to remind them of their obligation to include in communications and messages to passengers, the procedure for those who wish to request a refund.
Both the alternative voucher and the right to reimbursement must appear clearly and accessible in the information of the airlines. Otherwise, the ministry for consumers plans to exercise a cessation action against all companies that do not comply with these regulations. As published by the government on June 1st:
Cessation Action
In situations of this type, the General Law for the Defence of Consumers and Users enables the General Directorate of Consumption to file an injunction when the rights of consumers are being violated. Specifically, article 54.3 a) establishes that it is the responsibility of Consumer “the preparation of legal actions in representation of the collective interests of consumers”.
It is considered justified to resort to the cessation route in the face of what is considered misleading information by the airlines, which constitutes an infringement of the consumer defence regulations and an injury to the collective interests of hundreds of thousands of passengers.
The 17 airlines reported by the Ministry of Consumer Affairs are: Air Europa, Air France, Binter Canarias, EasyJet, Eurowings, Iberia (Iberia Express and Air Nostrum), Jet 2, KLM, Latam Airlines, Lufthansa, Ryanair, Scandinavian Airlines (SAS) , Transavia, Thomson Airways (TUI), United Airlines, Volotea and Wizzair.
