EU261 compensation claim

Old Mar 18, 19, 11:19 am
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EU261 compensation claim

Iberia makes it nearly impossible to find information about how to file a claim under EU261. In their response to me they provided a link to the UK sanctioning body, which does not investigate claims for flights that take place outside the UK. I found the Spanish https://www.seguridadaerea.gob.es/la...o/default.aspx site to file a claim, but I get nothing but at error message at the end of filling out the entire 3 pages of forms, having to have google translate it over and over...because being Spain, ONLY the menus are in English.

Iberia failed at the time of the delay to provide information for filing a claim, but it's been my experience no airline follows this part of the law.

Any advice, would be so helpful.

Thank you
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Old Mar 18, 19, 11:28 am
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Before going to AESA, you have to make a claim with Iberia. This should be the link:

https://www.iberia.com/web/program.do?menuId=CEATCL

Then, when they deny it, you can go to AESA and attach Iberia's response (or a copy of your complaint if they do not reply in a month).

It is a simple process (you only have to fill two forms, Iberia's and AESA's), but you should be prepared for it to take months, even if the delay was Iberia's fault and you are entitled to compensation.

Last edited by Yllanes; Mar 18, 19 at 11:33 am
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Old Mar 18, 19, 11:30 am
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By the way, AESA's form is in English:

https://sede.seguridadaerea.gob.es/S...aspx?idioma=en
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Old Mar 18, 19, 12:31 pm
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Originally Posted by Yllanes View Post
Before going to AESA, you have to make a claim with Iberia. This should be the link:

https://www.iberia.com/web/program.do?menuId=CEATCL

Then, when they deny it, you can go to AESA and attach Iberia's response (or a copy of your complaint if they do not reply in a month).

It is a simple process (you only have to fill two forms, Iberia's and AESA's), but you should be prepared for it to take months, even if the delay was Iberia's fault and you are entitled to compensation.
Thank you, I did fill in this form and this is the response I got back today:

Dear Customer,


We apologize for the inconvenience caused by the incident on your flight IB8809 dated 10/03/2019.



In order to carry out our daily operation, we depend on external factors that are beyond our scope of control and before which we have no possibility of action. Our main objective is to offer a better service to our customers every day and reduce the impact of these factors on their experience. Unfortunately, and despite our efforts, in this case we were not been able to prevent our customers from being affected.



We thank you for your understanding and reiterate our apologies for not having fulfilled your expectations.



We hope your next flights are satisfactory. Thank you for continuing trust in Iberia.





Kind regards,



Iberia Customer Support



It looks like they are saying it was "exceptional" however, they had options to get my to my destination closer to on-time by rerouting me from Malaga when it was clear I'd miss-connect, and avoiding Madrid entirely, the refused to do so, which is what caused me a 14 hour delay. They did accommodate with hotel and meal. The issue was Madrid is suffering delays due to runway construction, however, how is the exceptional, when it's known and should be planned for?

Last edited by transportbiz; Mar 18, 19 at 12:36 pm
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Old Mar 18, 19, 12:41 pm
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That's the form response they always send, exceptional circumstances or not. Just attach it to the AESA form. Writing further messages to Iberia is just going to be a waste of time.

I don't know whether your case will qualify for compensation or not, but that's for AESA to determine.
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Old Mar 18, 19, 12:59 pm
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That response is gibberish. Don't waste a second more on dealing with IB.
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Old Mar 18, 19, 2:23 pm
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Originally Posted by transportbiz View Post
I found the Spanish https://www.seguridadaerea.gob.es/la...o/default.aspx site to file a claim, but I get nothing but at error message at the end of filling out the entire 3 pages of forms, having to have google translate it over and over...because being Spain, ONLY the menus are in English.
Use Internet Explorer.

Most webistes of the Spanish goverment have problems dealing with google chrome / firefox.
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Old Mar 18, 19, 3:22 pm
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Well, if the delay was due to runway works/delays,,, then you aren't entitled to compo - it's outsides Iberia's control. Capacity has been adjusted - however, if weather doesn't play along (winds), then delays happen.

Did you go to the desk at MAD airport to see whether they could rebook you on a different connection?
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Old Mar 18, 19, 3:36 pm
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It is IB's burden to prove that. The IB response is gibberish because it does not assert any particular set of facts. At least had IB's response been clear but inaccurate, OP could have refuted it.

Best to force IB to defend what it has written.
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Old Mar 18, 19, 4:22 pm
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They write the same letter whether they have a case or not. I agree that in this case the runway construction could get them off the hook, but this is no way to deal with a claim. I say write to AESA, let them get an official answer and maybe eventually they'll force Iberia to write proper responses to EC261 claims.
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Old Mar 18, 19, 5:47 pm
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Interesting points of view. Mine was that runway works are well announced, and should be planned for. When I booked this flight I realized a 45 minute connection was risky, but took note that it was not the last flight from MAD to FRA and I wrongly figured, that if I booked in business class, at the very least I'd be accommodated on the 8PM flight. I asked the desk in Malaga if I could reroute on Swiss, which would have ultimately put me in FRA the same night, albeit 3 hours later than original plan. They refused, said I had to stay on IB metal.

Once in MAD, 20 minutes after my booked flight to FRA took off, I again went to the customer service desk, and explained what happened in Malaga, that guy was flabbergasted, said as business class I absolutely should have been moved to Swiss Air. He said, I'd already been booked on a 6:15 Lufthansa flight from MAD (so that flying only IB metal was a farce), but he couldn't get me on the 8pm IB flight that night...never understood why not.

The put me up at the NH hotel, and included all meals while there. I ended up arriving in FRA 13:30 hours late, and just in time for my flight from FRA to SEA that was booked on a separate ticket. My plan had been to arrive in Frankfurt early enough to enjoy a dinner, and a nice sauna, wake up late, have a leisurely breakfast, and head to FRA for my flight to SEA...I did still have to pay for that room in FRA.

All in all, I learned two things, never fly Iberia unless there are no other options never give Iberia more than the cheapest amount for a flight, they won't treat you any different either way. And, number two never give Iberia more than the cheapest amount for a flight, they won't treat you any different either way.

Last edited by transportbiz; Mar 18, 19 at 6:01 pm
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Old Mar 18, 19, 6:59 pm
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Originally Posted by transportbiz View Post
I asked the desk in Malaga if I could reroute on Swiss, which would have ultimately put me in FRA the same night, albeit 3 hours later than original plan. They refused, said I had to stay on IB metal.

Once in MAD, 20 minutes after my booked flight to FRA took off, I again went to the customer service desk, and explained what happened in Malaga, that guy was flabbergasted, said as business class I absolutely should have been moved to Swiss Air. He said, I'd already been booked on a 6:15 Lufthansa flight from MAD (so that flying only IB metal was a farce), but he couldn't get me on the 8pm IB flight that night...never understood why not.
I doubt that the reason for the delay counts as something extraordinary; I'd assume that IB has to plan the flights properly and if there are circumstances which are known at the time of the booking, then I think that the cause for the delay isn't something extraordinary but just bad planning (IB planned for a too short connection).

I'd mention to AESA that you weren't rebooked on the alternative LX and IB flights. If there was availability on those flights, but IB didn't rebook you on them, then that could be a case of not doing enough to get you to your destination in time, especially regarding the later IB flight from MAD. IB could answer that IB doesn't need to rebook on other airlines (it's unsettled if airlines have to do this) and so ask AESA to disregard the LX flights, but at least AESA would have to decide whether IB needs to rebook on other airlines or not, should the original reason be deemed to be something extraordinary.
Originally Posted by transportbiz View Post
I did still have to pay for that room in FRA.
This is lost money, unless covered by your travel insurance.
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Old Mar 18, 19, 8:48 pm
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I booked this flight on February 24th, surely they would have known then there were runway delay issues?
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Old Mar 19, 19, 4:24 am
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We can argue around for ages... the issue is, you missed your planned connection at MAD. Why they didn't rebook you on the Swiss flight or later on the 20 h IB flight, we don't know (maybe the 8 pm flight was already overbooked).

What you need to know is whether the delay was due to "traffic restriction" or due to something else. Only your complain to AESA will give you the answer to that question (it may take a while until you get a reply).

There aren't delays every day at MAD. Last Wed I connected at MAD with a short 50 min connection. Everything went smoothly.

As yllanes advised, complain to AESA. Based on the outcome, complain (again) to Iberia.
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Old Mar 19, 19, 7:22 pm
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Originally Posted by transportbiz View Post
Interesting points of view. Mine was that runway works are well announced, and should be planned for. When I booked this flight I realized a 45 minute connection was risky, but took note that it was not the last flight from MAD to FRA and I wrongly figured, that if I booked in business class, at the very least I'd be accommodated on the 8PM flight. I asked the desk in Malaga if I could reroute on Swiss, which would have ultimately put me in FRA the same night, albeit 3 hours later than original plan. They refused, said I had to stay on IB metal.

Once in MAD, 20 minutes after my booked flight to FRA took off, I again went to the customer service desk, and explained what happened in Malaga, that guy was flabbergasted, said as business class I absolutely should have been moved to Swiss Air. He said, I'd already been booked on a 6:15 Lufthansa flight from MAD (so that flying only IB metal was a farce), but he couldn't get me on the 8pm IB flight that night...never understood why not.

The put me up at the NH hotel, and included all meals while there. I ended up arriving in FRA 13:30 hours late, and just in time for my flight from FRA to SEA that was booked on a separate ticket. My plan had been to arrive in Frankfurt early enough to enjoy a dinner, and a nice sauna, wake up late, have a leisurely breakfast, and head to FRA for my flight to SEA...I did still have to pay for that room in FRA.

All in all, I learned two things, never fly Iberia unless there are no other options never give Iberia more than the cheapest amount for a flight, they won't treat you any different either way. And, number two never give Iberia more than the cheapest amount for a flight, they won't treat you any different either way.
You've been repeatedly told that the 8pm Iberia flight was overbooked. Whatever ticket type you have, they're not going to inconvenience someone else as well by bumping them off to accommodate you.
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