Spanair shutdown: how to ask for reimbursement of the ticket

To claim a refund of the amount of the fare paid, passengers may bring a claim through the offices of sale of Spanair, Aena (Aeropuertos Españoles y Navegación Aérea) desks and offices of tourism, airports, or to the Catalan Consumer Agency, independent body of the Government of Catalonia, attached to the Department d’Empresa i Ocupació.

Catalan Consumer Agency. E-mail address: consum@gencat.cat

Spainair enabled 2 phone lines to give information to avoid crowds at the airport (902 131415 or 900 131415)

Those who want to relocate in other planes are targeting the check-in counters; passengers must pay back the price of the ticket, although they have reduced fees, according to seats availability.

If you paid the ticket with a credit card, contact your financial institution on the possibilities of reimbursement.

If you hired the cancellation insurance, contact your insurance company to find out about your coverage.

If you purchased your ticket from a travel agency, contact your travel agent to find out about your coverage.

If you have a ticket bought on Spanair but operated by another airline, in principle, your flight should be guaranteed.

Air Travel: how to write a reimbursement letter
Info: The following sample letter can be used when a flight is cancelled (according to Regulation (EC) No 261/2004, in force since 17.02.2005).
In order to claim all his rights the consumer must address the letter of complaint to the travel agency and the air carrier (or the tour operator for package tours). Copies of the bought tickets should be added to the letter of complaint.
The new regulation applies to passengers departing from an airport located in the territory of a Member State as well as for flights from a third country into a Member State if the air carrier operates the flight. The new regulation does not apply to travellers who fly on a reduced fare (not available to the public) or who travel free of charge.
The new regulation does not restrict the rights of passengers under directive No 90/314/EC regarding package tours.

Moreover the regulation does not refer to a passenger’s right to further compensation (not valid for passengers who voluntarily renounced to the transport). However, the granted compensation may be deducted from such compensation.
Obligations vis-a-vis are neither excluded nor limited.
In addition to the compensation of the material damage according to the regulation there can be claimed damage according to the regulations of the national law.

P.S. The text in italics has to be replaced by the correct information, the grey text has to be cancelled.

Sender

Place and date

Recorded Delivery with Reply paid

To
Name and address of the authorised travel agency

To
Name and address of the tour operators
(in the case of a package tour, or)

To
Name and address of the operating air carrier

For the Attention of
European Consumer Center
Via Brennero 3
I-39100 Bolzano

Complaint according to Regulation (EC) No 261/2004 about the Cancellation of Flights
Passengers: Name, Surname
Flightnumber: _________
Outward Flight on date and airport in city
Return Flight on date and airport in city

Dear Sirs,

I have booked a flight with ….. (name of travel agency) for the time period from ….. (date of the outward flight) to ….. (date of the return flight) to the destination ……. (place in country).

With this letter I would like to make a complaint because of the following facts:
because of the cancelling of the corresponding flight I could not reach the destination. I was informed about the cancellation only (write the time – hours or days – you were informed about the cancellation) before the start.

According to the above mentioned Regulation I have the right to claim:

1) a financial compensation: ______ €.

a) 250 € for 1500 km;
b) 400 € for flights within the EU over1500 km and for flights to other states between 1500 und 3500 km;
c) 600 € for all other flights.

Passengers can claim this compensation except if
-they were informed at least 2 weeks before the scheduled time of departure
-they were informed until 7 days before the scheduled start and offered an alternative flight which was close to the flying time of the original one (not more than 2 hours before the original time of departure and not more than 4 hours after the original time of arrival)
– they were informed after 7 days before the start and offered re-routing which was not more than 1 hours before the original time of departure and not more than 2 hours after the original time of arrival)
No compensation is paid if the air carrier can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided.

2) Compensation of the ticket price within 7 days if the flight has become pointless and return flight to the original point of departure or other flight to destination, ______ €.

3) Food and drinks, telephone calls, fax, e-mails, hotel accommodation _______ €.

You can also add:
It was impossible for me to enjoy a relaxing holiday
or: Due to the cancellation of my flight my holiday stay was reduced to …. days, therefore I ask you to compensate this damage caused by missed pleasures of holiday time with _____ €.

Please take notice: Missed pleasures of holiday time has been accepted until now only within package tours. You can claim the damage also if you missed your holiday due to the cancelling of a scheduled flight, however, your chances to get a compensation without going to court are quite bad.

If the amount of _____ Euro (asked damage plus damage for missed pleasures of holiday) is not paid within 10 days after receipt of this letter, further legal action will be taken.

Yours faithfully

Name and Surname

Signature

Bank Account:
For Italian companies: BBAN
For foreign companies: IBAN and BIC (SWIFT)

Enclosed please find:
Copy of tickets
Copy of receipts, bills …

Please notice: Keep a copy of this letter and the added documents!!
Never enclose originals!

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