Delayed Flight: What to Do at the Airport, Rights, and Compensation
Having a Delayed Flight is Relatively Common These Days
Whether for work or leisure, your flight can be affected by a delay, and our goal is for you to understand your rights—especially if you are at the airport—and the consequences for the airline if your flight is delayed beyond a certain period of time.<br/><br/>Just like in other unexpected situations on a flight, ANAC Regulation No. 400 protects passengers in cases of flight delays. However, not all delayed flights—regardless of the airline—are entitled to compensation as provided in ANAC's regulation.
Remember that, although the nature of your flight delay may not be compensable under ANAC Regulation No. 400, there are still other ways to assert your rights. If you have any doubts, rely on iKlaim.
Delay Conditions That Do Not Guarantee Compensation
The first point to consider is the nature of the delay, as depending on the reason for the delay, it will not be possible to invoke the regulation. See the table of possible delays that do not allow the passenger to claim possible compensation.
Situation Type
Example
| Situation Type | Example |
|---|---|
| Meteorological Causes | Storms with rain or snow, intense fog, or strong winds that prevent the flight from operating safely and with sufficient visibility. |
| Visibility Issues | Volcanic eruption and ash cloud. |
| Strikes | Air traffic controller strikes or general strikes.* |
| International Security Issues | Terrorist attacks, which can block airspace for days. |
| Airport Problems | Computer failures in control towers, runway closures, etc. |
| Sanitary Emergencies on a Plane | A passenger or crew member feeling unwell during boarding or flight. |
| Sudden Damages | Colliding with a bird. |
Tempo de atraso
Meteorological Causes
Visibility Issues
Strikes
International Security Issues
Airport Problems
Sanitary Emergencies on a Plane
Sudden Damages
Tipo de assistência
Storms with rain or snow, intense fog, or strong winds that prevent the flight from operating safely and with sufficient visibility.
Volcanic eruption and ash cloud.
Air traffic controller strikes or general strikes.*
Terrorist attacks, which can block airspace for days.
Computer failures in control towers, runway closures, etc.
A passenger or crew member feeling unwell during boarding or flight.
Colliding with a bird.
ANAC Regulation No. 400 does not impose a fixed compensation amount for flight delays, whether they are domestic or international.
See the list of possible reasons where the passenger can be compensated if your flight is affected and delayed.
Cancellations and Delays Eligible for Compensation
| Situation Type | Example |
|---|---|
| Unannounced Aircraft Maintenance | One of the major 'villains' of airlines is unplanned maintenance, as depending on the case, the repair could last several hours or days. But, like almost everything in aviation, safety is the priority for everyone. |
| Air Congestion | Occurs when there is a high density of aircraft traffic in a particular region of the airspace or airport. The main reasons are: peak hours, bad weather conditions, extraordinary events (military, for example), and lack of infrastructure. |
| Overbooking | Whether for commercial or strategic reasons, overbooking happens when the airline sells more tickets than the aircraft's actual capacity. If the affected passengers refuse to accept the proposals made by the company - they are obliged to provide a solution - the flight may be canceled. |
| Passenger List | If the company believes that the passenger list is not sufficient for takeoff, it can - for financial strategy - choose not to fly, even if it has to refund all passengers who are ready to board. |
Tempo de atraso
Unannounced Aircraft Maintenance
Air Congestion
Overbooking
Passenger List
Tipo de assistência
One of the major 'villains' of airlines is unplanned maintenance, as depending on the case, the repair could last several hours or days. But, like almost everything in aviation, safety is the priority for everyone.
Occurs when there is a high density of aircraft traffic in a particular region of the airspace or airport. The main reasons are: peak hours, bad weather conditions, extraordinary events (military, for example), and lack of infrastructure.
Whether for commercial or strategic reasons, overbooking happens when the airline sells more tickets than the aircraft's actual capacity. If the affected passengers refuse to accept the proposals made by the company - they are obliged to provide a solution - the flight may be canceled.
If the company believes that the passenger list is not sufficient for takeoff, it can - for financial strategy - choose not to fly, even if it has to refund all passengers who are ready to board.
If your flight fits into any of the previous options and you believe you are entitled to a refund or compensation, contact Voo Meu. We will handle your case with the utmost attention and agility so that you remain calm throughout the process. Rely on iKlaim!
What to do in cases of delayed flights?
iKlaim recommends that the passenger gather and keep all possible documents for a potential lawsuit or complaint against the airline or, in some cases, the airport. It is important to understand that the presented documentation is essential to claim your compensation for flight delay.<br/><br/>Therefore, it does not matter the extent or type of document (whether it's a photo, video, message, etc.), the ideal is to keep everything with you. See a small list of possible documents that can make a difference when claiming your compensation.
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Access the official website of the airline or the travel agency where you purchased the flight;
For domestic flights: access the Infraero website;
Check if the airline sent any text message, email, or notification through the app
Don't forget to request - if you find it necessary - material assistance such as food, internet access, or phone. It's your right!
Boarding Pass
Printed or electronic boarding passes are essential to document that the passenger was present at the airport and intended to board the delayed flight. It contains valuable information such as your reservation locator, flight number, seat, date, and departure time.
Communication Records
If the passenger had communications with the airline, such as emails, text messages, or phone call records, this information can be useful to document interactions and efforts to resolve the issue.
Expense Receipts
If the delay resulted in additional expenses, such as accommodation, food, or transportation, it is important to keep receipts and proof of these expenses to request reimbursement or compensation.
Avoid Signing Documents
Any document that contains your signature could be used against you. If you sign something, be careful with the fine print.
Photos and Videos
Photos or videos of the airport information board showing the delay time, as well as any adverse conditions, such as long lines or overcrowded areas, can be used as evidence.
Medical Records
If the delay caused health problems, it is important to obtain medical records that document any conditions or treatments related to the delay.
Employee Names
Often having the name of the person who assisted you can support your version in a potential delay complaint.
Delayed Flight in Europe: What to Do?
In the case of flights originating from Europe, passenger rights are guaranteed by European legislation, specifically Regulation (EC) No. 261/2004 of the European Parliament and of the Council. This regulation establishes common rules for compensation and assistance to passengers in case of prolonged flight delays (over 2 hours).
Although similar to ANAC Regulation No. 400, there are important differences that should be taken into account in a possible complaint or compensation claim. The main one is the compensation - administratively - in cases of delays over 2 hours, depending on the distance between departure and arrival airports.
| Flight Distance | Type of Assistance |
|---|---|
| Over 1 hour | Communication facilities: Phone, internet, etc. |
| Over 2 hours | Food: According to the time, (breakfast, lunch, snack, or dinner), and must be provided by the company itself or through individual vouchers |
| Over 4 hours | Accommodation service, in case of overnight stay, and round-trip shuttle.* |
Tempo de atraso
Over 1 hour
Over 2 hours
Over 4 hours
Tipo de assistência
Communication facilities: Phone, internet, etc.
Food: According to the time, (breakfast, lunch, snack, or dinner), and must be provided by the company itself or through individual vouchers
Accommodation service, in case of overnight stay, and round-trip shuttle.*
For passengers with Special Assistance Needs - PNAE, the airline must provide the necessary assistance to PNAE and their companions, even if there is no need for overnight stay, as long as the accommodation meets their needs and they agree with the substitution.
Additionally, if your flight arrives at the destination more than 2 hours late, you may also file a compensation claim, even if you received material assistance.
If the passenger opts for reaccommodation on a flight from the airline itself - on a date and time convenient for the passenger - or for a full refund of the airfare, the carrier may stop offering material assistance.
Reaccommodation in Cases of Delayed Flights
Just like material assistance, reaccommodation must be performed by the airline free of charge and whenever the passenger decides to opt for this option. In this situation, the passenger must choose one of the two options:
Flight from the airline itself or a third party to the same destination, at the first opportunity.
Own airline flight to be carried out on a date and time convenient for the passenger.
In either of the above cases, PNAEs will have priority in reaccommodation.
Refund in Delayed Flights
A full refund of the ticket amount is another option that the passenger has when choosing what to do after experiencing a flight delay. If the consumer wishes this, the airline must provide a full refund within a maximum period of 7 days from the date of the passenger's request.<br/><br/>However, it is important to understand that depending on the situation of your flight, the refund may be made proportionally if the delay has only affected a part/segment of your journey. This situation is common when there are layovers or connections.
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The credit offered by the company can also be used to purchase air tickets for third parties.
Caso o passageiro esteja de acordo com a proposta da companhia, o reembolso também poderá ser efetuado em forma de voucher ou crédito para a aquisição de uma nova passagem aérea. É importante que o passageiro esteja atento à validade do crédito/voucher e que solicite tudo por escrito e/ou por algum meio eletrônico (de preferência).
Entenda como é feita a composição da sua passagem aérea e quais os valores que você tem o direito de receber em casos de atrasos no seu voo.Composition of the Airfare Refund Amount
Value of air transportation services.
Airport fees.
Amounts owed to government agencies.
Any optional services contracted by the consumer (insurance, XL seats, etc.)
Airline Duties During a Flight Delay
When a delay occurs on a flight, the airline becomes aware of it several minutes (even hours) before, but in many cases, the company chooses to wait until the last moment to notify passengers about the delay.<br/><br/>However, it is the company's duty to immediately inform passengers through available communication means. If the delay has occurred with enough advance notice, they may use electronic means like email, push notifications, and even SMS. In more imminent cases, the most common way is for passengers to be notified through the airport's sound system or boarding gate.<br/><br/>Once informed of the delay, the airline must keep passengers updated every 30 minutes about the estimated departure time. Additionally, they must provide a written explanation for the delay whenever the passenger requests it.
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Rights and Duties in Case of Flight Delay in Brazil
In the case of a flight delay on a domestic flight in Brazil, passengers have rights guaranteed by ANAC Resolution No. 400. According to ANAC, the airline must keep passengers informed every 30 minutes about the estimated departure time of delayed flights and immediately inform them about the occurrence of the delay. Furthermore, the airline must offer material assistance to passengers in case of a delay exceeding 2 hours, which includes food (meal or voucher for lunch, dinner, or snack) and communication (phone call and internet). If the delay exceeds 4 hours, the passenger has the right to choose the best accommodation option, only in case of overnight stay at the airport, and is not obliged to accept the airline's proposal. If the airline does not comply with the obligations established by ANAC, the passenger can go to the Consumer Portal to open a request and seek their rights. Additionally, in case of arrival at the final destination specified on the ticket more than two hours late, passengers may receive compensation, depending on the waiting time and the ticket value. It is important to remember that, in Brazil, unlike in Europe, the airline is responsible for the flight delay, even in cases of weather problems. Therefore, passengers have guaranteed rights and should demand the company's compliance with their obligations.
DUTIES
In the case of flights originating from Europe, passenger rights are guaranteed by European legislation, specifically Regulation (EC) No. 261/2004 of the European Parliament and of the Council. This regulation establishes common rules for compensation and assistance to passengers in case of prolonged flight delays (over 2 hours).
| Flight Distance | Type of Assistance |
|---|---|
| Short-haul flights (up to 1,500 km) | 250€ |
| Medium-haul flights (between 1,500 and 3,500 km) | 400€ |
| Long-haul flights (over 3,500 km) | 600€ |
Tempo de atraso
Short-haul flights (up to 1,500 km)
Medium-haul flights (between 1,500 and 3,500 km)
Long-haul flights (over 3,500 km)
Tipo de assistência
250€
400€
600€
Another relevant point is the scope of each regulation. In the case of the European regulation, 30 countries are part of this treaty. In other words, the passenger is assured of having their rights respected throughout almost all of Europe.
Norway
Greece
Switzerland
Croatia
Iceland
Luxembourg
Hungary
Netherlands
Romania
Estonia
Bulgaria
Lithuania
Slovakia
Germany
Poland
Finland
Italy
Sweden
Latvia
Austria
France
Cyprus
Portugal
Denmark
Belgium
Spain
Slovenia
Malta
Ireland
CzechiaThe common points between the two regulations are the rights to material assistance, according to the delay hours. The airline must offer assistance to passengers, which includes food, beverages, lodging, and transportation to the accommodation location, if the delay is over two hours. If the delay causes the passenger to arrive at their final destination more than three hours late, they may be entitled to compensation, provided that the delay was not due to extraordinary circumstances.<br/><br/>When mentioning extraordinary circumstances, we highlight another difference between the regulations, as ANAC's regulation does not separate the nature of the delay, making airlines responsible for the delay regardless of the reasons. Thus, we can understand why in Brazil there are no pre-established financial compensations in the regulation.<br/><br/>Another important factor is that Regulation (EC) No. 261/2004 applies to all flights departing from a EU airport, regardless of the airline's nationality, and to all flights arriving at a EU airport, provided that they are operated by a community airline.
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What are the Reasons for Delaying a Flight?
A flight delay occurs when an aircraft's departure does not occur at the originally scheduled time. This can happen due to a variety of reasons, such as adverse weather conditions, technical issues with the aircraft, airport congestion, crew problems, or other unforeseen factors. Flight delays can range in duration from minor delays of a few minutes to significant delays that can last hours or, in some cases, even days.<br/><br/>The consequences of a flight delay can be significant. For passengers, this can result in inconveniences such as missed flight connections, the need to reschedule travel plans, prolonged waiting at airports, and, in some cases, additional expenses for accommodation and food. Additionally, the frustration and stress negatively affect the travel experience.<br/><br/>For airlines, flight delays can result in significant additional costs, such as compensation to passengers, expenses for assistance, reaccommodation, and others. Furthermore, the airline's reputation can be damaged, as passengers may become dissatisfied with the lack of punctuality. See the main causes of a flight delay:
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Adverse Weather Conditions
One of the main causes of delays - in departure or landing - are adverse weather conditions, such as dense fog or low visibility, storms, or strong winds. These conditions affect the safety of flight operations and may require waiting until conditions improve. Example: an airport may temporarily close due to a severe storm.
Technical Issues with the Aircraft
Airlines must ensure that the aircraft is in perfect working order, but technical problems, such as mechanical or electrical failures, can occur. These issues can cause significant delays, as the aircraft may require maintenance, such as navigation system failures.
Airport Congestion
It may seem strange, but airport congestion is more common than we imagine. This happens when there are a large number of scheduled flights to a particular airport in a short period of time. This can lead to departure delays, as there is not enough space on the runway or in the aircraft parking areas. Example: During summer holidays, due to high flight demand.
Crew Problems
Delays caused by crew's working hours limitations are increasingly common due to the increase in flights. The crew must be rested to operate safely, and if they reach their hour limit, the flight may be postponed until a new crew is available.
Each country has specific laws regulating the amount of rest hours between flights with the same crew.
Can I Claim Moral Damages in Cases of Flight Delay?
Moral damage is like that little pain that you can't see, but it affects the soul. In a few words, moral damage is a violation of our fundamental rights, such as honor, dignity, and peace of mind.<br/>This invisible pain can occur in various situations, such as defamation, slander, harassment, or even in the context of this article, a flight delay. Moral damage seeks to compensate for this invisible aggression, ensuring that the offender is held accountable and the victim is supported.
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Moral damage can also be requested if the passenger's rights are violated, even if the flight is delayed less than 4 hours, but this case will be treated separately, not as moral damage for flight delay.
Therefore, the answer to the question is YES, you can claim moral damages in cases like a flight delay, but you can only request moral damage if your flight was delayed and landed at the destination with 4 or more hours of delay than the originally scheduled time.
Now that you know that in case of flight delay you can claim moral damages, material assistance such as food and internet, request a refund, and even be compensated in case of international delays, but still have doubts about your case and want to speak with a professional, do not hesitate to contact Iklaim! We are here to assist and help, whatever your case may be.