Article 5 of the Order states this, effectively specifying the general information obligation set out in Article 40 of Law 7/201776 for entrepreneurs adhering to accredited bodies or those required to accept their intervention in resolving disputes. However, this information obligation should also include the need for the prior complaint to the airline or airport operator77. The Order regulates the prior complaint in some detail, allowing the passenger a period of five years from the date of the incident that may give rise to the complaint. To this end, the passenger can use the complaint form template that AESA, airlines and airport operators are obliged to make available on their respective websites and, additionally, the latter must make it available in their customer service departments. The complaint must also be accompanied by any documentation the passenger deems necessary to assert their rights78. Once submitted79, the airline or airport operator is required to acknowledge receipt and respond to the complaint within a maximum of one month—more precisely, “as soon as possible.” If the complaint is not answered within the deadline, or if the response is not fully satisfactory to the passenger, the airline or airport operator must inform the passenger of the possibility of appealing to AESA as an accredited body for the alternative dispute resolution of air transport disputes. The passenger must also be informed via the Agency’s website that submitting the complaint after one year from the prior complaint’s submission will result in inadmissibility and of the binding nature of any decision AESA may adopt for the airline. Additionally, if applicable, the airline or airport operator must inform the passenger that they are adhering to the consumer arbitration system or the system for resolving complaints and claims related to equal opportunities, non-discrimination and complaints and claims regarding equality of opportunity, non-discrimination, and accessibility due to disability, as applicable. 76 Information must be provided in a clear, identifiable, understandable manner and easily accessible on the company’s website and in the general terms and conditions of the contracts offered by the business to the consumer. If the business does not have a website or there is no documentation related to the general terms and conditions, this information will be provided in any way that allows the consumer to access it, such as through its own information brochures, posters with the information in a place accessible to the consumer, or any other commercial communication. 77 Thus, PÉREZ MORIONES, A., “Hacia la consolidación de la resolución alternativa de conflictos…”, cit. 78 In the case of minors, it must include proof of guardianship of the minor, unless the prior claim is made by the person who contracted the transport for the minor. 79 In principle, the passenger will present the prior claim to the party responsible for the non-compliance that gave rise to the claim. However, Article 6.1 also allows the passenger to present their prior claim regarding the assistance service for persons with reduced mobility to the airline rather than to the airport manager, who provides it. In this case, the airline is required to forward it to the airport manager within ten days of its submission and inform the passenger of the transfer. Logically, the response time to the claim will be counted from the date the airport manager receives the prior claim sent by the airline. 50 ARÁNZAZU PÉREZ MORIONES
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