the high level of protection for passengers, which is one of the European Union’s objectives. Also excluded from the scope of the alternative dispute resolution procedure are: i) damages caused by the non-fulfilment or defective fulfilment of the transport contract not covered by the Order; ii) abusive clauses and practices in the air transport contract or other transport-related documentation; iii) commercial practices under Article 19.2 of the TRLGDCU; iv) pre-contractual information or the contract itself; v) personal data protection; and vi) those specified in Article 3.2 of Law 7/2017. Secondly, this statement may lead to the conclusion that AESA’s role as an alternative dispute resolution entity coincides with its role as the national authority responsible for enforcing Regulations No. 261/2004 and No. 1107/2006. In other words, there appears to be a competence overlap, even though the results from the exercise of these two functions may differ. However, this is not exactly the case. Certainly, in its capacity as an alternative dispute resolution entity in the air transport sector, AESA has jurisdiction to handle claims regarding conflicts arising from the application of Regulations No. 261/2004 and No. 1107/2006 -Article 2.1 of the Order-. However, this jurisdiction also extends to cases of denied boarding resulting from procedures or requirements under the National Aviation Safety Programme, any regulations related to passenger identity verification at boarding, or compliance with public health requirements -Article 2.3 of the Order-. In these cases, AESA will only handle claims related to flights departing from airports located in Spanish territory. The reason is obvious: these are conflicts arising from the application of national, rather than EU, regulations. Additionally, unlike its role as the body responsible for enforcing regulations, AESA’s role as an alternative dispute resolution entity does not only cover conflicts where passengers or persons with reduced mobility are departing from airports in Spain. It also includes conflicts where passengers depart from airports in non-EU countries bound for airports in Spain, provided the airline is European and the passengers have not received compensation and assistance in that country -Article 2.2 of the Order-. In fact, in determining the geographical scope of the procedure, the Spanish legislator has merely reproduced -albeit with some nuances- Article 16 of Regulation No. 261/2004, which is more restrictive than the provisions in Article 3 of Law 7/2017 -concerning national or crossborder consumer disputes-. As such, passengers whose flights depart from airports in EU member states bound for Spain are excluded from AESA’s jurisdiction and 47 THE IMPLEMENTATION OF ADR IN PASSENGERS AIR TRANSPORT
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