IMPORTANT: This article was prepared in response to Fly Play’s cessation of operations and the cancellation of its flights. Since the situation of affected passengers, the insolvency proceedings, the deadlines for filing claims, and the available options may have changed since the article was first published, it is recommended that you verify the current status of the case and seek legal advice before filing any claim.
The recent bankruptcy of the Icelandic low-cost airline Fly Play has left numerous Spanish passengers stranded at airports across Europe. Many have seen their flights suddenly cancelled without prior notice and without receiving alternatives or assistance from the company. This episode, beyond the personal and economic difficulties it has caused, has once again highlighted the need to know and enforce the rights of passengers and consumers affected by an airline bankruptcy.
From our firm, we are promoting the organization of a group of affected parties seeking to file a collective claim against the airline and ensure that the legal obligations protecting passengers are met. The union of those affected not only allows for the sharing of information and resources but also strengthens the legal position in the face of a corporate bankruptcy situation that, in many cases, leaves users in a position of vulnerability.
Being part of a group of affected parties represents a significant advantage from an economic point of view. The union of several passengers allows for the sharing of resources, efforts, and costs, which considerably reduces the individual expenditure that a separate claim would entail. This cooperation facilitates access to specialized legal advice and the necessary documentation, optimizing the process and increasing the chances of success for all members of the group without each affected person having to bear the costs of the proceedings alone.
The Legal Framework of Passenger Rights
Regulation (EC) No 261/2004 of the European Parliament and of the Council constitutes the regulatory pillar that protects air passengers within the European Union. This regulation recognizes the right to a refund for flights not taken or to alternative transport, to assistance while waiting, and, in certain cases, to financial compensation for flight cancellation or delay.
However, when the problem arises from the bankruptcy or cessation of activity of an airline, the situation becomes more complex. The company no longer has operational capacity, and passengers must direct their claims to the insolvency administrator appointed by the competent court. Despite this, consumers retain the right to claim the amounts paid for tickets not used, as well as damages that may arise from the lack of information or cancellation without prior notice.
In these cases, the general principle of consumer and passenger protection remains in force. The airline—or, failing that, the insolvency administration—is obliged to answer for the unfulfilled contracts, always within the limits and priorities established by insolvency legislation.
Flight cancellations and the duty to inform
European law clearly establishes that, in the event of flight cancellation, passengers have the right to choose between a refund for the tickets, alternative transport to the final destination, or travel on a later date convenient for the passenger. In turn, the airline must guarantee free assistance while passengers remain at the airport, including meals, drinks, and, when necessary, accommodation.
One of the most relevant aspects is the obligation to communicate the cancellation with sufficient notice. If the airline does not inform at least fourteen days in advance, the passenger may be entitled to additional compensation, even if they receive a refund for the ticket. This requirement is part of the basic guarantees of transparency and information that protect consumers against corporate arbitrariness.
In the case of this sudden bankruptcy, passengers report that they learned of the suspension of their flights through the media or upon arriving at the airport, without having received any direct notice from the company. This lack of communication not only aggravates the damages suffered but could also constitute a breach of information obligations, affecting passenger rights and their right to a flight refund.
What can affected passengers do?
In a situation like this, the first thing consumers should do is gather all documentation related to their flight, including tickets, emails, proof of payment, screenshots, or any evidence proving the booking. This documentation will be essential to initiate a formal claim, both against the airline and before the insolvency administrator.
Even if the company has ceased its activity, it is important to submit a written claim, either by email or by certified mail (burofax), to record the attempt at an out-of-court resolution. Subsequently, the insolvency administrator in charge of the proceedings must be located and the corresponding proof of debt must be submitted, indicating the outstanding amounts and the nature of the debt.
In parallel, it is recommended to file a complaint with the State Aviation Safety Agency (AESA), as well as with the consumer authorities of the corresponding autonomous community. These bodies can act as mediators or, at least, register the claim for follow-up. Should these routes fail, the possibility of taking legal action remains open to demand the return of the amounts and damages suffered.
The general period for exercising this type of action is usually one year from the date of the flight, although it may vary depending on the exact nature of the claim. Therefore, it is essential to act quickly and seek appropriate advice to avoid the expiration of rights.
“Strength in numbers.“ Group of affected individuals
Experience shows that collective action is the most effective tool when it comes to claiming against large companies or in insolvency proceedings. The creation of a group of affected parties allows for the unification of efforts, reduction of legal costs, and greater public visibility of the problem. Furthermore, it facilitates the coordination of evidence, the preparation of joint lawsuits, and the monitoring of the proceedings.
At In Diem Abogados, we have extensive experience representing groups of affected parties in various cases, which allows us to offer specialized and strategic advice in each instance. Our team has successfully managed collective claims in different fields, coordinating legal actions, centralizing information, and optimizing resources to achieve the best possible results for consumers. This track record qualifies us to act as the legal representative for the group of affected parties in the face of the airline bankruptcy, ensuring that their rights are effectively defended and the chances of recovering the amounts owed are maximized.
Our firm is involved in the organization of a group of affected parties, bringing together passengers in different cities across Spain and Europe with the aim of recovering the amounts paid and claiming liability for the lack of communication and the deficient management of the airline. As mentioned previously, acting together not only strengthens the pressure on consumer authorities and allows for claiming with a unified voice the rights that the law recognizes for all passengers, but it can also facilitate the reduction of costs and a more efficient use of legal and administrative resources, economically benefiting each member of the group.
Possible claims and compensable damages
Experience shows that collective action is the most effective tool when it comes to claiming against large companies or in insolvency proceedings. The creation of a group of affected parties allows for the unification of efforts, reduction of legal costs, and greater public visibility of the problem. Furthermore, it facilitates the coordination of evidence, the preparation of joint lawsuits, and the monitoring of the proceedings.
At In Diem Abogados, we have extensive experience representing groups of affected parties in various cases, which allows us to offer specialized and strategic advice in each instance. Our team has successfully managed collective claims in different fields, coordinating legal actions, centralizing information, and optimizing resources to achieve the best possible results for consumers. This track record qualifies us to act as the legal representative for the group of affected parties in the face of the airline bankruptcy, ensuring that their rights are effectively defended and the chances of recovering the amounts owed are maximized.
Our firm is involved in the organization of a group of affected parties, bringing together passengers in different cities across Spain and Europe with the aim of recovering the amounts paid and claiming liability for the lack of communication and the deficient management of the airline. As mentioned previously, acting together not only strengthens the pressure on consumer authorities and allows for claiming with a unified voice the rights that the law recognizes for all passengers, but it can also facilitate the reduction of costs and a more efficient use of legal and administrative resources, economically benefiting each member of the group.
Consumer Protection in the Event of Bankruptcies in the Airline Industry
The bankruptcy of an airline cannot leave its passengers helpless. Consumer Law and European regulations provide a solid framework of protection against flight cancellations and the lack of information, but these rights are only effective if exercised actively and in a coordinated manner.
From our firm, we will continue to coordinate and work alongside the group of affected parties to channel claims, advise each passenger, and ensure that no consumer is left without a response or the flight refund to which they are legally entitled. Unity and collective action are, in this context, the best defense against inaction or abandonment by companies that fail to meet their commitments.
If you are one of those affected and wish to join the group of affected parties to coordinate actions and claim your rights regarding the airline bankruptcy, you can contact our firm via email or the telephone number set up for this case. Our specialized legal team will provide you with personalized advice and guide you step by step through the entire procedure, ensuring that your claim is managed effectively and within the established legal timeframes.
In Diem Abogados, experts at your service
At IN DIEM Abogados, we have the best experts in different branches of Law—Criminal, Civil, Administrative, Commercial, and Labor—ensuring at all times the advice and defense of our clients’ interests. Additionally, our firm specializes in the management and coordination of criminal and civil proceedings with groups of affected parties, which allows us to offer an effective joint strategy, optimize resources, and strengthen each client’s position within the process.
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Preguntas frecuentes sobre la quiebra de Fly Play y derechos de los pasajeros
¿Qué derechos tienen los pasajeros afectados por la quiebra de Fly Play?
Los pasajeros pueden reclamar el reembolso de los vuelos no disfrutados, los gastos derivados de la cancelación y, en determinados casos, posibles daños y perjuicios por falta de información o asistencia.
¿Qué norma protege a los pasajeros en caso de cancelación de vuelo?
El Reglamento (CE) nº 261/2004 reconoce derechos como el reembolso del billete, el transporte alternativo, la asistencia durante la espera y, en algunos supuestos, una compensación económica adicional.
¿La quiebra de la aerolínea elimina el derecho a reclamar?
No. Aunque la compañía haya cesado su actividad, los consumidores conservan el derecho a reclamar las cantidades abonadas y a comunicar su crédito dentro del procedimiento concursal correspondiente.
¿Qué documentación debe reunir un pasajero afectado?
Conviene conservar billetes, reservas, justificantes de pago, correos electrónicos, capturas de pantalla, comunicaciones con la aerolínea, gastos adicionales y cualquier prueba relacionada con la cancelación del vuelo.
¿Dónde debe presentarse la reclamación?
Puede presentarse reclamación frente a la aerolínea, ante el administrador concursal si existe procedimiento abierto, ante AESA y ante los organismos de consumo competentes, sin perjuicio de la vía judicial.
¿Qué es una reclamación de crédito en un concurso de acreedores?
Es la comunicación formal que realiza el pasajero afectado para que se reconozca la deuda que la aerolínea mantiene por billetes no reembolsados u otros importes reclamables.
¿Puede reclamarse una compensación además del reembolso?
Dependerá del caso concreto, de la información recibida, del momento de la cancelación, de los gastos sufridos y de si concurren los requisitos previstos por la normativa europea de pasajeros aéreos.
¿Qué ventajas tiene unirse a un grupo de afectados?
Permite compartir información, coordinar pruebas, reducir costes, reforzar la posición jurídica de los pasajeros y actuar con mayor eficacia frente a la aerolínea, la administración concursal o las autoridades competentes.
¿Qué plazo existe para reclamar por un vuelo cancelado?
El plazo puede variar según la acción ejercitada y la naturaleza de la reclamación. Por eso es recomendable actuar cuanto antes para evitar la pérdida de derechos o problemas de prescripción.
Did you know that Abogados IN DIEM offers online and expedited services?
We offer our clients the option of receiving assistance via video call or videoconference, as well as by phone, depending on their preference, so that the assistance is as personalized as possible, provided immediately, and without the need to travel. This service is complemented by communication via email, which facilitates the review and delivery of documentation.
In addition, for businesses and individuals, IN DIEM Abogados offers urgent services and 24-hour support for matters that require a quick response.
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