Opening borders involves making health checks on travelers that pass through airports. In Spain, this affects both those who intend to go abroad and tourists who come to our country, which is causing that sometimes long lines form. But, what happens if in that time we miss the flight? Airlines wash their hands, so the user can forget about receive compensation.
Companies can hold onto the relevant regulation to claim that this is a "exceptional circumstance" and thus avoid taking responsibility loss of flight. In this way, they are exempt from the payment of compensation, since they are outside the scope of the airline's decision. As they explain from Reclaimante, "it is an assumption of force majeure, and therefore is not liable for compensation"
It may also be the case that the flight be late for waiting for a passenger trapped in a health check. Admittedly, this is rare, unless all or the vast majority of flight passengers are retained in control. Here, the airline can choose to wait if the alternative is to fly with the plane half empty. "In these assumptions, we could meet the responsibility of the company, since that decision is their own and obeys your profitability criteria, without the passengers who did board on time should be harmed by it, "they point out.
However, it will have to be the courts, in the last stay, that decide whether or not passengers have the duty to bear the possible consequences of waiting caused by these controls, the purpose of which is to try to safeguard health, in addition to the obligation to bear the damage, which is one of the exceptions for which the Administration is not responsible for its actions, the online legal services platform points out.
Thus, if the traveler decided to claim, he would have to go to AENA and file the complaint against it, since the sanitary control measures are set by the Ministry of Health, being the State the one that has the jurisdiction over the airports, which it manages through this company.