ANAC Resolution 400 is a regulatory norm issued by the National Civil Aviation Agency (ANAC) that establishes the rights and duties of air transport passengers in Brazil. Promulgated in 2016, this resolution represents an important milestone in Brazilian aviation legislation, aiming to provide greater protection to consumers in adverse situations during their travels.

Among the main aspects addressed by Resolution 400 are:

• Passenger Rights: The resolution establishes passengers' rights in cases of flight cancellations, delays, overbooking, missed connections, and other events that may affect their travels.
• Airline Duties: Resolution 400 imposes obligations on airlines regarding material assistance to passengers, providing clear and precise information, and fulfilling compensations in case of rights violations.
• Transparency and Information: The norm establishes the obligation for airlines to inform passengers about their rights and any flight changes, ensuring greater transparency and safety in air operations.

Therefore, ANAC Resolution 400 aims to provide greater protection and safety to air transport passengers in Brazil, establishing clear and objective parameters for airlines' services.

Main Points of ANAC Resolution 400

ANAC Resolution 400 addresses various aspects related to the rights of air transport passengers, establishing clear and objective rules to ensure a safer and more comfortable travel experience. Below, we highlight the most relevant points of this resolution:

Refund

One of the most important points of Resolution 400 is the passengers' right to a full refund of the ticket price in cases of flight cancellation, prolonged delay, or denied boarding due to overbooking. This right is provided in Article 9 of the Resolution.

Article 9 of ANAC Resolution 400 establishes that in cases of flight cancellation, prolonged delay, or denied boarding due to overbooking, passengers are entitled to a full refund of the ticket price. This refund must be immediate and comprehensive, without prejudice to other forms of compensation. Although no specific deadline is set for the refund, it is expected to be processed promptly by the airline.

Article 29 of ANAC Resolution 400 establishes that the refund period will be 7 (seven) days from the date of the passenger's request and must comply with the payment method used for the ticket purchase. In cases of flight delay, cancellation, service interruption, or denied boarding, the refund must be full. The amount refunded will be proportional to the unused portion if the completed segment benefits the passenger, as per Article 30 of the same resolution.

Flight Rescheduling

Article 9 of ANAC Resolution 400 establishes that in cases of flight cancellation, prolonged delay, or denied boarding due to overbooking, passengers are entitled to a full refund of the ticket price. This refund must be immediate and comprehensive, without prejudice to other forms of compensation. Although no specific deadline is set for the refund, it is expected to be processed promptly by the airline.

Article 29 of ANAC Resolution 400 establishes that the refund period will be 7 (seven) days from the date of the passenger's request and must comply with the payment method used for the ticket purchase. In cases of flight delay, cancellation, service interruption, or denied boarding, the refund must be full. The amount refunded will be proportional to the unused portion if the completed segment benefits the passenger, as per Article 30 of the same resolution.

Resolution 400 also guarantees passengers the right to be rebooked on another flight at no additional cost if the original flight is canceled, delayed, or affected by overbooking. Article 8 of the Resolution sets out the conditions and deadlines for rescheduling.

Material Assistance

Another key point is the right to material assistance, which includes communication, adequate meals, and accommodation if necessary while waiting for rebooking in cases of cancellation, delay, or overbooking. This right is provided in Article 27 of the Resolution.

Article 27 of Resolution 400 establishes the passengers' right to material assistance in cases of cancellation, delay, or service interruption for more than four hours. This assistance includes communication, adequate meals, and accommodation if necessary. The waiting time for material assistance eligibility may vary depending on the flight circumstances and specific conditions determined by ANAC. In cases of waiting exceeding 4 (four) hours, accommodation service for overnight stays and round-trip transportation must be provided. However, the airline may waive accommodation service for passengers residing in the departure airport locality, ensuring only round-trip transportation.

Compensations for Rights Violations

Additionally, Resolution 400 provides monetary compensation to passengers in cases of rights violations, such as flight cancellations without prior notice or denied boarding due to overbooking. These compensations are detailed in Article 11 of the Resolution.

Article 11 of Resolution 400 provides financial compensation to passengers in cases of rights violations, such as flight cancellations without prior notice or denied boarding due to overbooking. Compensation amounts vary depending on the type of violation and the waiting time for the new flight. For instance, in cases of flight cancellation, compensation amounts may vary based on waiting time and the distance of the affected flight.

Article 24 of ANAC Resolution 400 sets the compensation amounts in cases of denied boarding, which will be 250 DES (Special Drawing Rights) for domestic flights and 500 DES for international flights. Denied boarding is configured when the carrier fails to transport a passenger who showed up for boarding the originally scheduled flight, except in cases provided for in Resolution No. 280, dated July 11, 2013.

These are some of the main points of ANAC Resolution 400, ensuring greater protection of air transport passenger rights in Brazil, providing a fairer and safer travel experience for all.

How to Consult ANAC Resolution 400?

To consult ANAC Resolution 400, you can visit the official website of the National Civil Aviation Agency (ANAC) and search for the current legislation. ANAC usually provides resolutions on its website, where you can find the updated version of ANAC Resolution 400 in PDF format.

If you wish to download the PDF version of the Resolution, we provide the file below so you can have it on your phone or computer. It is always good to have a copy of this document before traveling to ensure you are aware of your rights if needed.

Who Oversees ANAC?

ANAC is overseen by the Federal Court of Accounts (TCU), the body responsible for auditing and supervising the accounts and activities of federal public administration agencies, including autarchies like ANAC. Additionally, the Federal Public Ministry (MPF) may also oversee ANAC's activities, especially regarding compliance with laws and regulations related to civil aviation.

What is ANAC's Legal Nature?

The National Civil Aviation Agency (ANAC) is a special autarchy, as established by Law No. 11,182/2005. As an autarchy, ANAC has administrative and financial autonomy and is responsible for regulating and overseeing civil aviation in Brazil according to the norms established by the Federal Government.

Resolution 400 ANAC: Flight Cancellation - What Are the Passenger's Rights?

In case of flight cancellation, passengers have several protections and assistance guaranteed by ANAC Resolution 400. These rights include:

• Full refund of the ticket price, as established in Article 9 of Resolution 400;
• Rebooking on another flight at no additional cost, as provided in Article 21 of the same resolution;
• Material assistance, including communication facilities, adequate meals, and, in cases of prolonged waiting, accommodation and transportation, as determined by Article 27 of the Resolution;
• Financial compensation in specific cases of rights violations, such as cancellations without prior notice, as per Article 24 of the Resolution.

These are the main rights that protect passengers in flight cancellation situations, ensuring they are properly assisted and compensated in the event of disruptions.

What to Do When the Airline Cancels Your Flight?

When the airline cancels your flight, it is important to take some steps to ensure your rights as a passenger:

• Stay Calm: Although it is frustrating, staying calm is essential to handle the situation effectively.
• Get Informed: Seek accurate information about the reason for the cancellation, the rebooking schedule, and your rights as a passenger.
• Contact the Airline: Whether in person at the airline's service desk at the airport or by phone, contact the company to understand your options for rebooking, refund, or material assistance.
• Exercise Your Rights: As established by ANAC Resolution 400, you have the right to a full refund, rebooking on another flight, and material assistance depending on the circumstances of the cancellation. Demand that the airline fulfills your rights.
• Document Everything: Keep all documents related to the flight cancellation, such as ticket receipts, records of communication with the airline, and receipts for any extra expenses you may incur.
• Seek Assistance: If necessary, seek assistance from regulatory agencies, such as ANAC, or consumer protection entities if you feel your rights are not being respected.

By following these guidelines, you can deal more effectively with flight cancellations and ensure that your rights as a passenger are respected.

Resolution 400 ANAC: Overbooking - What Are the Passenger's Rights?

When overbooking occurs, meaning the sale of more tickets than available seats on the flight, passengers have rights guaranteed by ANAC Resolution 400. Some of these rights include:

• Rebooking: The airline must offer the passenger rebooking on another flight at no additional cost or on a date and time convenient for the passenger, as established in Article 21 of the Resolution.
• Full Refund: If the passenger chooses not to be rebooked, they have the right to a full refund of the ticket price, according to Article 8 of the Resolution.
• Material Assistance: In cases of prolonged waiting due to overbooking, the airline must provide material assistance, including communication facilities, adequate meals, and, if necessary, accommodation and transportation, as provided in Article 27 of the Resolution.
• Financial Compensation: In specific situations of denied boarding due to overbooking, the Resolution provides for financial compensation from the airline, as determined in Article 24.

These rights aim to protect passengers in cases of overbooking, ensuring they are adequately assisted and compensated if affected by this airline practice.

Where to File a Complaint in Case of Rights Violations Under ANAC Resolution 400?

In case of violations of your rights under ANAC Resolution 400, you can file your complaint with the following entities:

• ANAC (National Civil Aviation Agency):
• ANAC is the main agency responsible for regulating and overseeing civil aviation in Brazil. You can file your complaint directly on the official ANAC website or contact them by phone.
• Procon:
• Procon is a consumer protection agency that can also handle complaints related to violations of air transport passenger rights. You can contact the Procon office in your state to file a complaint.
• Small Claims Courts:
• You can also turn to Small Claims Courts if you cannot resolve the issue satisfactorily with the airline. These courts handle less complex issues and offer a simplified process for resolving disputes between consumers and companies.

It is important to gather all relevant information about the incident, such as ticket receipts, records of communication with the airline, and any other documentation that may support your complaint. The more detailed your complaint, the greater the chance of a satisfactory resolution to the problem.

What Are the Penalties for Airlines in Case of Non-Compliance with ANAC Resolution 400?

In cases of non-compliance with ANAC Resolution 400 by airlines, the following penalties may be applied:

• Fines: ANAC may impose fines on airlines that violate passengers' rights established in the Resolution. The fine amount varies based on the severity of the infraction and can be significant for the companies.
• Administrative Proceedings: ANAC may initiate administrative proceedings to investigate irregularities committed by airlines. In these proceedings, companies are notified and have the opportunity to defend themselves.
• Suspension of Activities: In extreme cases of recurrence or serious violations, ANAC may temporarily suspend the airline's activities, preventing it from operating flights for a specified period.
• Revocation of License: In exceptional situations, if an airline demonstrates a persistent pattern of non-compliance with ANAC regulations and serious violations of passenger rights, the agency may revoke its license to operate flights, withdrawing its operational license.

These penalties aim to ensure compliance with the rules established by ANAC and protect air transport passenger rights in Brazil.

ANAC Contacts

If you wish to contact the National Civil Aviation Agency (ANAC), you can use traditional means such as phone and email, or, if you prefer, ANAC also provides a WhatsApp service with 24-hour assistance. See the complete table: