accessible claims process is comparable to that of consumer passengers. Their professional status does not place them in a better position when regulations regarding air transport user protection are breached. Therefore, differential treatment is unjustifiable. Principio del formulario In any case, Article 4 of the Order warns that the passenger has the right to use any extrajudicial dispute resolution system accepted by the airline or airport operator, in particular, consumer arbitration or the arbitration system for the resolution of complaints and claims related to equal opportunities, nondiscrimination and accessibility due to disability. However, the alternative dispute resolution procedure regulated in Order TMA/201/2022 does not fully align with the aforementioned arbitration systems. Firstly, consumer arbitration resolves conflicts between consumers or users and companies or professionals, meaning the passenger must necessarily hold such a status. Secondly, the airline and airport operator must have adhered to the mentioned arbitration systems, unlike alternative resolution before AESA, which is mandatory for the airline. Thirdly, in both arbitration systems, the decision is binding and enforceable for the parties, whereas in the air transport alternative resolution procedure, the binding nature applies only to the airline, not to the airport operator or the passenger. 2.2. The prior complaint to the airline or airport operator as a prerequisite for admissibility The initiation of the alternative dispute resolution procedure regulated in Order TMA/201/2022 is contingent upon the submission of a prior complaint to the party responsible for the breach that has led to the complaint -either the airline or the airport operator-. Consequently, this requirement, regulated in Article 6 of the Order, constitutes a prerequisite for initiating the procedure. This underscores the importance of the passenger being aware of it, as failure to comply with it results in the rejection of the complaint -Article 10.1.a) of the Order-. This is because, clearly, there is a possibility that the passenger might approach AESA directly without fulfilling this prior requirement, which would result in a delay in initiating the procedure and resolving the dispute. It is true that airlines and airport operators are obliged to inform air passengers about the possibility of appealing to AESA in the cases outlined in the Order75. 75 Also, if they are members of such systems, to the consumer arbitration system or the arbitration system for 49 THE IMPLEMENTATION OF ADR IN PASSENGERS AIR TRANSPORT
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