Passenger rights

When we purchase an airline ticket, we are signing a contract with the airline, meaning there are rights and duties for both parties. Passenger rights may vary depending on the country or region, but they always exist, and it is the airline's obligation to respect them.

The basic rights of air passengers in 7 points:

• Food and drinks during the incident;
• A means of communication, such as internet access or a call;
• Accommodation;
• An alternative flight;
• Ticket refund;
• Reimbursement of expenses for essential needs due to the incident;
• Compensation and financial reimbursement

Depending on the nature of your problem, your rights may range from a simple sandwich to financial compensation, which can be for material damage – expenses incurred due to the flight issue – and/or, of course, moral damages.

Gather and Keep All Documents and Proofs

To claim your compensation, it is essential to have documents that support your version of events. It is common for passengers to have the right to claim but lack any proof of the incident. To avoid this situation and ensure your rights are respected, we recommend the following:

• Keep all purchase tickets (from drinks to expenses on clothing and essential items).
• Retain all communications made by you and the company. This includes SMS, email, or phone calls.
• If your issue occurs at the airport, take photos and videos of everything: Information boards, gates, notices, or leaflets.
• Take screenshots of your flight data: Websites like Flightradar and Flightaware can be useful for this.
• Keep all boarding passes: both for the problematic flight and the alternative flight.

Below, we will detail the main statutes, regulations, and resolutions used as references to advocate for air passenger rights.

ANAC Resolution No. 400

For any issues within Brazil - origin and destination airports within national territory - and from any international airport with a destination to a Brazilian airport, ANAC Resolution 400 will be the reference to claim your rights. ANAC - Brazil's National Civil Aviation Agency - is the body responsible for national air safety, offering passengers exclusive channels to mediate problems between airlines and passengers.

Material Assistance

Must be offered free of charge in the following cases: flight delay, flight cancellation, service interruption, or passenger denied boarding.

Compensation

The problem with your flight may result in financial compensation, which can exceed R$10,000 depending on the nature of the issue.

It is important to mention that if your flight was delayed or canceled due to extraordinary circumstances - terrorism, natural disasters, political instability in the country, etc. - the airline is not obligated to pay compensation. However, airlines often fail to act appropriately, as indicated by the Resolution, and in these cases, compensation can still be obtained even if the reason was due to extraordinary circumstances.

Another point to consider is that in none of the cases is the compensation value established by the Resolution. The amounts to be paid as compensation will be assessed by the competent authorities based on the reported facts.

Rights for passengers with additional needs: Elderly individuals, pregnant and nursing women, parents with babies, and those with special needs or physical limitations must receive continuous attention and support throughout the journey, in addition to being prioritized in emergency situations during the flight.

Regulation (EC) No. 261/2004 of the European Parliament and Council

In the European space, the applicable legislation is Regulation 261. The main difference between ANAC Resolution and Regulation 261/2004 is exactly where it hits airlines the most: their finances. As previously mentioned, in Brazil, there is no specific amount set for the problem, but in Europe, there is.

Another important difference is the number of countries where Regulation No. 261 is accepted. There are 30 countries, with the possibility of future additions. See the list:

Greece

Croatia

Luxembourg

Hungary

Netherlands

Romania

Estonia

Bulgaria

Lithuania

Slovakia

Germany

Poland

Finland

Italy

Sweden

Latvia

Austria

France

Cyprus

Portugal

Denmark

Belgium

Spain

Slovenia

Malta

Ireland

Czechia

Iceland*

Norway*

Switzerland*

Countries that are not part of the European Community but are also governed by Regulation No. 261/2004.

Regarding material assistance, Brazilian and European laws are similar: Right to communication, accommodation, flight status information, alternative flights, or ticket refunds. However, compensation differs significantly. See:

Regarding material assistance, Brazilian and European laws are similar: Right to communication, accommodation, flight status information, alternative flights, or ticket refunds. However, compensation differs significantly. See:

Important: Your rights are determined by the destination or origin of your trip, regardless of your nationality or place of residence.

UK 261 or UK Air Passenger Rights 2019

After Brexit, both the European Union and the United Kingdom had to renew or even redo several laws and regulations that applied to the European bloc before England and other countries of the UK left.

Also known as 'APR 2019', UK Regulation 261 is an amendment to Regulation EC 261, essentially a copy of what was seen in the previous chapter, but adapted to the English airspace. What's different between them? Mainly, the values are updated to British pounds.

The main change relates to the origins and destinations of affected flights, with claims accepted for flights departing from airports in the United Kingdom, as well as flights to the United Kingdom operated by UK or EU airlines. Additionally, it applies to flights to the European Union operated by UK airlines.

Air Passenger Rights in the United States

Unlike Brazil and Europe, the United States — surprisingly — does not have a law protecting air passengers. Despite being the world's largest air power, it lags far behind when it comes to air consumer laws.

On the other hand, it is important to note that almost all companies have a complaint channel for flight-related issues. This does not exempt, of course, the country's obligation to have a law protecting consumers.

The US government is working to regulate an air passenger rights law, and in May 2023, there was significant movement to vote on this law, ensuring all passengers have this protection when claiming compensation.

Currently, there are two ways to be compensated by an airline in the United States: if you are denied boarding or if the airline loses, damages, or delays your baggage. If this happens, there are two ways to request compensation:

• Contacting the airline directly;
• Filling out the government complaint form.

Although not mandated by law, airlines may offer alternative flights in cases of cancellation or delay. However, you can request a full refund of the ticket directly from the airline.

Although not considered compensation, passengers affected by delays on board for at least 2 hours are entitled to food and beverages, restroom access, and free medical assistance. In cases of delays exceeding 3 and 4 hours (domestic and international flights, respectively), passengers may request to disembark from the aircraft.

Passenger Rights for Flights in Canada

Also known as CATSA, the Air Passenger Protection Regulations of the Canadian Transportation Agency apply to passengers traveling within Canada, to Canada, or abroad on Canadian airlines. These regulations — like those in Brazil and Europe — include provisions on various aspects of air travel, such as delays, cancellations, denied boarding, lost baggage, and rights for passengers with reduced mobility.

As with the previously mentioned regulations, passengers flying within Canadian airspace are entitled to all basic assistance, such as food, communication, etc. However, if they were informed of the issue at least 12 hours in advance, the airline is exempt from paying for food, communication, and accommodation.

Similar to the US, passengers experiencing delays exceeding 3 hours while on board may request to disembark from the aircraft. However, they must seek authorization from the crew to do so.

SHY Passenger in Turkey - General Directorate of Civil Aviation

Despite similarities with Regulation 261, SHY Passenger has some peculiarities found only in this set of laws. In terms of applicability, SHY Passenger applies to flights originating from or destined to Turkey, operated by Turkish or foreign airlines.

The main difference between the two regulations mentioned is the number of hours, whether due to a delayed or canceled flight, that a passenger must be affected to secure compensation rights. Another significant difference is that if the flight is canceled, the company can do so up to 24 hours in advance without losing its rights. Under Regulation 261, the period is 14 days.

Similar to the US, passengers experiencing delays exceeding 3 hours while on board may request to disembark from the aircraft. However, they must seek authorization from the crew to do so.

If a passenger is downgraded by the airline operating the flight, in addition to reimbursing the difference between ticket prices, the airline is also required to pay the passenger:

• 30% of the ticket price for flights up to 1,500 kilometers
• 50% of the ticket price for flights between 1,500 and 3,500 kilometers
• 75% of the ticket price for flights over 3,500 kilometers

Passenger Rights for Flights in China

The Civil Aviation Administration of China (CAAC) is the intermediary body for all flight-related issues, such as cancellations, delays, or denied boarding. The Civil Aviation Law of China, 1986 — revised in 2009 — will be used as a reference if your flight is affected in any way.

Information about passenger rights in China is quite limited due to access restrictions imposed by the government on the Western world. However, here are some details of what can be claimed if your flight is affected by cancellation, delay, or overbooking.

Delays:

• Information: The airline must inform passengers about the reason for the delay and provide regular updates.
• Assistance: Meals and beverages if the delay exceeds 2 hours.
• Reaccommodation: Alternative flight or refund if the delay exceeds 4 hours.
• Compensation: Up to ¥1,500 (flights up to 1,500 km), ¥2,500 (flights between 1,500 and 3,500 km), or ¥4,500 (flights over 3,500 km) if the delay exceeds 6 hours.

Cancellations:

• Information: The airline must inform passengers about the reason for the cancellation and offer options for reaccommodation or refund.
• Reaccommodation: Alternative flight or refund.
• Compensation: Up to ¥1,500 (flights up to 1,500 km), ¥2,500 (flights between 1,500 and 3,500 km), or ¥4,500 (flights over 3,500 km) if the cancellation occurs less than 24 hours in advance.

Overbooking:

• Denied Boarding: The airline may deny boarding to passengers with valid tickets if the flight is overbooked.
• Compensation: The airline must offer denied passengers financial compensation, alternative flights, or refunds.
• Priority: Passengers with special needs and children are given boarding priority.

Air Passenger Rights in India

• Passenger rights in India apply to all flights from, to, and within India. Unlike other countries, India has a series of laws protecting air passenger rights. Below are the details of the most important ones:
  • India's Civil Aviation Law: Establishes the basic principles for civil air transport in India, including passenger rights and obligations.
  • Civil Aviation Requirements (CAR): Detail the rules and procedures for air passenger transport, including reservations, tickets, boarding, baggage, and flight delays/cancellations.
  • Passenger Compensation Rules: Define the compensation owed to passengers in cases of delays or cancellations.
• The main difference between the previously mentioned regulations and India's is the delay time in overbooking cases, which is just 1 hour. In other countries, the delay margin is usually 2 to 3 hours.
• Like other countries, passengers flying in Indian airspace can count on basic assistance such as food, accommodation, refunds, and alternative flights. Below is the table of values for compensatory cases:

Montreal Convention of 1999

• The most comprehensive law of all, adopted by over 140 countries (and more joining over time). The fundamental goal of the Montreal Convention is to establish rights and duties in cases of baggage issues for air passengers.
• The Montreal Convention does not provide compensation for issues related to flights, such as delays and cancellations. However, if your baggage is affected by any of these reasons, it falls under the Convention's guidelines.
• Formerly known as the Warsaw Convention, the Montreal Convention is frequently used for situations involving problems with luggage delivery, as no other resolution covers compensation for baggage issues. Consequently, there are amendments to, for example, update the compensation amounts airlines must pay when found liable.

There are three key areas of focus in this Convention: baggage and luggage issues, damages from death or bodily injury, and cargo issues. In our case, we will focus only on problems related to passenger luggage and baggage.

*A new amendment that Brazil has not yet joined.