Start of the alternative dispute resolution mechanism for the protection of air transport users

March 14 saw the publication in the BOE of Ministerial Order TMA/201/2022 regulating the alternative dispute resolution (ADR) procedure for air transport users concerning the rights recognized at EU level in relation to compensation and assistance in the event of denied boarding, cancellation or long delays, and in relation to the rights of persons with disability or reduced mobility.

It is the first step for the establishment of that mechanism in this country. It will be under the control of the Spanish Aviation Safety Agency (AESA), which is awaiting accreditation, and is engaged in preparations for this purpose, as an alternative dispute resolution authority for air transport users.

It takes the form of a mechanism intended to avoid the need for passengers having to resort to court proceedings which are usually expensive for the parties, relieving the courts of the burden of possible claims.

That ADR procedure is not, in any case, a prerequisite for access to the courts. It is intended to be a faster and free alternative, which is offered to air transport users to resolve their disputes with airlines.