no response within a month, they have the option to refer the matter to AESA -Article 6.3 of the Order-. The passenger has one year from the date of submission of the complaint to do so -Article 10.1.d) of the Order-. The submission can be made either online or not98, using the form provided by the Agency, which must contain the minimum information outlined in Article 8.1 of the Order99. This minimum content, as well as the availability of the form on AESA’s website, facilitates the submission of the complaint by the passenger and, ultimately, its resolution. Additionally, the complaint must be accompanied by the supplementary documentation mentioned in Article 8.2 of the Order100. If the complaint does not meet these requirements, AESA will request the passenger to remedy the missing documents or provide the necessary documentation within ten working days, warning them that if they fail to do so, their complaint will be considered withdrawn, following a decision to that effect -Article 9.1 of the Order-. However, the passenger has the right to request a review of this decision within one month from the date they received the notification. The Agency will then have one month to decide on the requested review and, if no explicit decision is made, it will be considered rejected. In other words, administrative silence applies. In all cases, AESA must inform the parties of the receipt of the request and the documents, specifying the date for the calculation of the deadlines for adopting the decision -Article 9.2 in relation to Article 17.2 of the Order-. 98 In contrast, airlines and airport managers must process the claims procedures electronically as inferred from the second additional provision and the sole transitional provision. 99 Specifically: i) name and surname of the passenger and, if applicable, of the person representing them; ii) identification of the electronic medium, or alternatively, postal address where notification is to be made. Additionally, the passenger may provide their email address or identify an electronic device to receive notifications about the sending or availability of the notice; iii) facts, reasons, and request outlining the claim, including the date and flight number; iv) place and date; v) signature of the applicant or proof of the authenticity of their intention, in both cases, by any of the signature systems recognised by current legislation; vi) clause on the passenger’s consent for consulting data mediation platforms or systems enabled for this purpose, requesting their acceptance; and vii) clause on the passenger’s consent to transfer their claim to the relevant body, whether the alternative dispute resolution entity or the body responsible for enforcing the regulations referred to in Article 2.1, or both, as appropriate, in case the jurisdiction for handling the claim lies with another Member State. 100 Thus, in the case of paper submissions, and except for passengers with Spanish DNI or NIE who consent to the consultation of data mediation platforms or systems enabled for this purpose, a copy of one of the following identity documents must be provided: i) national identity card -DNI-; ii) valid identity card from a Member State of the European Union or Schengen Area; iii) foreign identity card -NIE-; iv) residence permit in any of the Schengen Area countries; v) Spanish driving licence; or vi) passport or valid travel document. Additionally: i) proof of submission date and content of the prior claim to the airline or airport manager, as well as, if applicable, their response; ii) proof of contracting the service for which the claim is made, for example, by submitting a copy of the transport contract, ticket, or boarding pass; iii) power of attorney or authorisation, if applicable; and iv) any other documentation the passenger considers relevant. 55 THE IMPLEMENTATION OF ADR IN PASSENGERS AIR TRANSPORT
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