Government Taking Legal Action Against 17 Airlines for Non-Compliance COVID Refunds

The ministry responsible for the protection of Consumer Rights has observed that several airlines operating in Spain are not providing the correct information to users who, due to the cancellation of flights due to the pandemic, opt 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, Garzón has addressed the presidents of airlines and industry associations to remind them of their obligation to include in communications and messages addressed to passengers the procedure for those who want to request a refund of money. Both the alternative voucher and the right to reimbursement must appear clearly and accessible in the information of the airlines. Otherwise, the Ministry of Consumption plans to exercise a cessation action against companies that do not comply with the regulations. As published by the government on June 1st:
Cessation Action
In situations of this type, the General Law for the Defense 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) of this norm establishes that it is the responsibility of Consumer “the preparation of legal actions in representation of the collective interests of consumers”.

With all this, Consumption considers it justified to resort to the cessation route in the face of what it considers an omission of misleading information by the airlines, which constitutes an infringement of the consumer defense 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.

Further information about passenger rights in a previous article.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.