Flight Canceled: Rights, Deadlines, and Compensation
What happens when a flight is canceled?
Having a flight canceled is always a headache we don’t want, but unfortunately, this situation has become increasingly common in both domestic and international flights. However, know that regardless of the airline and the geographical area, you will always have rights and, in many cases, compensation to receive. Learn more details about your rights when a flight is canceled.
What rights do I have if my flight is canceled?
Something few of us know is that the cancellation of a flight is a right of the airline; however, this does not exempt the company from assuming the consequences of such cancellation. For the company to be within the permitted limits, the cancellation notice must be given at least 72 hours in advance, whether it’s for an itinerary or schedule change.
If the company does not follow this guideline, the passenger has the right to only one of the following options:
Cancel the purchased flight ticket without any cost, as long as it is done within 24 hours;
Rebooking paid by the airline (own flight or third-party company);
Full refund of the paid amount;
Execution by other modalities (agreement with the airline).
If the passenger opts for a refund, the company has 7 days to make the refund, counted from the passenger's request. In addition to these rights mentioned above, it is the airline's duty to:
Keep the passenger informed about the status of their flight every 30 minutes;
In case of a passenger with special assistance needs (PNAE), the rights will extend to their companions, regardless of the requirement to stay overnight at the airport;
Provide in-person assistance at airports (counter), which must operate at least 2 hours before takeoff and 2 hours after each landing of their flights;
Provide material assistance (as applicable).
If the alteration - of departure or arrival - of your domestic flight is over 30 minutes or 1 hour if the flight is international, you still have the right to request a refund or rebooking!
What is material assistance in case of flight delay or cancellation?
If your flight is interrupted or affected by any of these cases, the airline is obliged to provide material assistance to the passenger. This assistance is provided according to the number of hours the passenger's flight is affected, up to 4 hours.
Material assistance is initial support for the passenger, ranging from a simple phone call to rebooking and accommodation. This assistance is free of charge, and the waiting time is counted from the moment the delay or cancellation occurred. See the table with the cases:
| Delay Time | Type of Assistance |
|---|---|
| From 1 hour | Communication (internet, phone, etc.) |
| From 4 hours | Food (voucher, meal, snack, etc.) |
| From 2 hours | Accommodation (only in case of overnight stay at the airport) and round-trip transportation* |
Material assistance is valid for both passengers waiting at the terminal and those on board the aircraft with open doors.
What Does ANAC Resolution No. 400 Say?
Each country/region has specific laws that protect their consumers. In Brazil, Resolution No. 400 of 12/13/2016 is responsible for the regulations that airlines and flight passengers base themselves on to exercise their rights. Being one of the most important laws on air passenger rights developed by the National Civil Aviation Agency (ANAC), Resolution No. 400 covers the general conditions of air transport, contemplating the rights and duties of airlines and passengers from the start to the obligations following the execution of the service.
Who is ANAC?
Created in 2005, the National Civil Aviation Agency (ANAC) was established to regulate and oversee aviation activities and is responsible for standardizing and supervising civil aviation activities in Brazil.
Causes of Flight Cancellation
The reasons why a company decides to cancel a flight are quite broad, as many times the causes are beyond the company's control, which makes resolving the issue difficult. It is important to know that not all cancellations can lead to automatic compensation, but depending on the company's stance - especially if it does not comply with the duties stipulated by ANAC Resolution No. 400 - the passenger can and should claim their rights.
Below, we list the main causes of cancellation that are not subject to automatic compensation:
Extraordinary Circumstances
Extraordinary Circumstances Type of Situation | Extraordinary Circumstances Example |
|---|---|
| Meteorological Causes | Storms with rain or snow, heavy fog, or strong winds that prevent the flight from operating safely 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 Board | A passenger or crew member feels ill during boarding or the flight. |
| Sudden Damages | Bird strike. |
You are probably now wondering: what are the cancellation reasons that authorize me to request a refund or compensation? See the list:
Cancellations and Delays Eligible for Compensation Type of Situation | Cancellations and Delays Eligible for Compensation Explanation |
|---|---|
| Unannounced Aircraft Maintenance | One of the major villains of airlines is unscheduled maintenance, as depending on the case, the repair can last several hours or days. But, as with almost everything in aviation, safety is the priority for everyone. |
| Air Congestion | Occurs when there is high aircraft traffic density in a particular airspace region 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 it can actually accommodate on the plane. If affected passengers refuse to accept the proposals made by the company - they are forced to provide a solution - the flight may be canceled. |
| Passenger List | If the company considers that the passenger list is not sufficient for takeoff, it may choose not to fly for financial strategy reasons, even if it has to refund all ready-to-board passengers. |
How to Know If My Flight Was Canceled?
It is very common that if the airline decides to cancel a flight in advance, an electronic notification is sent to all affected passengers by such alteration. However, before panicking, it is essential to be aware that almost always, the company itself will seek a solution similar to the original. If this does not happen, it is time to claim your rights. And we, at Iklaim, are here to help you with everything and any procedures related to the airlines. Count on us!
If you still have doubts about whether your flight was canceled or not, we suggest that you contact your airline directly. They will guide you and answer your main questions about the possible cancellation.
There are several ways to verify if your flight was canceled. Some of the most common ways are:
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
What should I do if my flight was cancelled?
It is essential that you act quickly and consciously if your flight has been canceled and you are still at the airport. You should gather as much evidence as possible, whether through photos, videos, or official documents from the airport and/or airline.
The Consumer Protection Code and ANAC Resolution 400 ensure your rights as a passenger and customer, so there is no reason to panic. It is always important to try to stay calm to avoid letting emotions take over and accidentally infringing on the rights of others.
Always remember that facts speak louder than words (or at least almost always). Therefore, do not accept verbal statements alone; instead, seek to collect signed and, if possible, stamped documents from airline representatives. We recommend that you request and keep the following documents, especially if you are unable to travel due to this cancellation:
Airplane tickets;
Boarding pass;
Contingency statement (request at the company counter);
Flight cancellation statement (request at the company counter);
Invoices and receipts of any consumption made due to the cancellation;
Names of the employees responsible at the time of cancellation;
Photos and videos of the boarding screen.
If you manage to gather all these documents, you will have sufficient evidence to use in your favor (if necessary). On the other hand, if you decide to travel, you need to request a flight rescheduling or rebooking. But, pay close attention to these options, because when we accept either of the two options, we are waiving the other rights provided by ANAC Resolution No. 400.
How to Request My Refund for Flight Cancellation?
If, after confirming the cancellation, you decide not to fly and opt for a refund of the amount spent on your ticket, this is a right provided by the regulation, and it is the airline's obligation to make this refund. However, as expected, the airline will do everything possible to retain the amount and will most likely offer vouchers so you can fly in the future. The decision to accept or not is entirely up to the passenger, as sometimes what is offered is more advantageous than recovering the money previously spent. We know this process can be a headache, and that’s why we are here. Iklaim will take care of your case with all the possible attention and detail! And, as you already know, we only win if you win, so if you want to be at ease and leave your case in the hands of qualified professionals, count on Iklaim!
International Flights: What to Do When They Are Canceled?
The laws that protect passengers in cases of flight cancellation are not only in Brazil. In Europe, for example, Regulation No. 261/2004 is responsible for protecting the rights of those flying in and to European airspace. Therefore, if you are flying - whether origin or destination - from a European country, you must rely on the rules provided in this regulation.
As a Brazilian, you also have the right to receive financial compensation of up to €600, provided by Regulation No. 261/2004.
Flight Cancellations Originating or Destined to Europe
Europe, like Brazil, has its own regulation that outlines the rights and duties of passengers and airlines in extraordinary cases, such as flight cancellations, delays, overbooking, and even baggage issues. Unlike Mercosur, which does not have a common law for all countries, Regulation No. 261/2004 is valid for the following countries:
Important: In cases of flights canceled originating outside the European Community, the airline must be community-based (have a legal base in Europe). Otherwise, Regulation No. 261/2004 will not apply.
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czechia
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
Iceland*
Norway*
Switzerland*What Does Regulation (EC) No. 261/2004 Say in Cases of Cancellation?
Just like ANAC's regulation, there are several points related not only to flight cancellations but also to flight delays, lost baggage, etc. In this case, we will understand how far we can fight for our rights if we have been affected by an incoming or outgoing flight cancellation from Europe. The first point is to know that everything will depend on the nature of the cancellation (the same ones we mentioned earlier). If you understand that your situation fits a possible claim, these are your rights.
For flight cancellations with 14 days or more in advance, the passenger must choose one of the two options that the company is obliged to provide: a full refund of the ticket purchase amount or be rebooked on another flight (from the same company or a third company).
As a Brazilian, you also have the right to receive financial compensation of up to €600, provided by Regulation No. 261/2004.
Now, if your flight was canceled with less than 14 days' notice, you might be entitled to compensation provided by Regulation 261, which can be up to €600, depending on the distance of your flight from origin to destination. See the table:
| 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€ |
Flights Canceled Originating or Destined to the United States
Unlike Brazil and Europe, there is no regulation that protects consumers or airlines when a domestic flight is canceled in the United States. Therefore, you can only invoke ANAC Regulation 400 or Europe's 261/2004 if your flight has at least Brazil or a European country as its origin or destination.
If your domestic flight in the United States was canceled, don’t worry—iKlaim might be what you’re looking for. Depending on the situation, we may be able to proceed with your case, helping to prevent further losses.
On top of that, even though there is no official regulation regarding financial compensation, the Air Travel Consumer Protection Department imposes several obligations on airlines in the event of a canceled flight. Here are the main ones, divided by airline:
Obligations
Airlines
| Alaska | Allegiant | American | Delta | Frontier | Hawaiian | JetBlue | Southwest | Spirit | United | |
|---|---|---|---|---|---|---|---|---|---|---|
| Rebook the passenger on the same airline at no additional cost | ||||||||||
| Rebook the flight on a partner airline or another airline with which there is an agreement, at no additional cost | ||||||||||
| Meal or meal voucher/cash when the cancellation leads to a wait of 3 hours or more for the new flight | ||||||||||
| Free hotel accommodations for any passenger affected by an overnight cancellation | ||||||||||
| Free ground transportation to and from the hotel for any passenger affected by an overnight cancellation | ||||||||||
| Cash compensation when a cancellation results in a wait of 3 hours or more from the scheduled departure time | ||||||||||
| Travel credit/voucher when the cancellation results in a wait of 3 hours or more from the scheduled departure time | ||||||||||
| Frequent flyer miles when the cancellation results in a wait of 3 hours or more from the scheduled departure time |
| Alaska | Allegiant | American | Delta | Frontier | Hawaiian | JetBlue | Southwest | Spirit | United |
|---|---|---|---|---|---|---|---|---|---|
| Rebook the passenger on the same airline at no additional cost | |||||||||
| Rebook the flight on a partner airline or another airline with which there is an agreement, at no additional cost | |||||||||
| Meal or meal voucher/cash when the cancellation leads to a wait of 3 hours or more for the new flight | |||||||||
| Free hotel accommodations for any passenger affected by an overnight cancellation | |||||||||
| Free ground transportation to and from the hotel for any passenger affected by an overnight cancellation | |||||||||
| Cash compensation when a cancellation results in a wait of 3 hours or more from the scheduled departure time | |||||||||
| Travel credit/voucher when the cancellation results in a wait of 3 hours or more from the scheduled departure time | |||||||||
| Frequent flyer miles when the cancellation results in a wait of 3 hours or more from the scheduled departure time |
Flights Canceled Due to COVID-19 Coronavirus
The tourism sector and, consequently, the aviation sector were among the most affected during the global COVID-19 pandemic, causing all airlines to reinvent themselves to avoid even greater damages to the companies. For this reason, and aiming for everyone's well-being, governments were forced to launch and establish a law that protected the rights of passengers affected during the period between March 19, 2020, and December 31, 2021. Emergency Law No. 14.034, of August 5, 2020, includes the following provision:
For this reason, and aiming for everyone's well-being, governments were forced to launch and establish a law that protected the rights of passengers affected during the period between March 19, 2020, and December 31, 2021. Emergency Law No. 14.034, of August 5, 2020, includes the following provision:
Provides for emergency measures for Brazilian civil aviation due to the COVID-19 pandemic; and amends Laws No. 7,565, of December 19, 1986, No. 6,009, of December 26, 1973, No. 12,462, of August 4, 2011, No. 13,319, of July 25, 2016, No. 13,499, of October 26, 2017, and No. 9,825, of August 23, 1999.
In summary, all flights affected during the stated period will not be subject to compensation. However, it is the passenger's right to opt for a refund of the ticket amount - with a maximum deadline of 12 months - or request a voucher (airline credit) equivalent to the original ticket amount, plus interest depending on the case. Vouchers must be used within 18 months following the end date of Law No. 14.034. Another option any passenger has is to reschedule the ticket for a date after the deadline of Law No. 14.034.
Another option any passenger has is to reschedule the ticket for a date after the deadline of Law No. 14.034.
Can I Claim Moral Damages for a Flight Cancellation?
Yes. It is very common that in cases of cancellation, the passenger can claim compensation for moral damages from the airline. Depending on the case, and if it is proven that the airline did not follow standard procedures, whether for safety, assistance, or any other reason that leads the passenger to feel wronged by the company's behavior, it is possible to file a moral damages claim against the company.
| Type of Damage | Situation |
|---|---|
| Pain | Can be physical in nature, such as injuries, or psychological, such as distress, deep sadness, or feelings of helplessness. |
| Suffering | Refers to the distress, agony, or emotional torment the victim faces due to the action that violated their rights or dignity. This can manifest in various ways, such as anxiety, depression, insomnia, nightmares, loss of self-esteem, and difficulties in relationships. |
| Emotional Disturbance | Disturbance of the victim's emotions and psychological balance as a result of the harmful conduct. This can involve feelings of violation, lack of respect, indignity, shame, or embarrassment. |
Now that you almost know everything about flight cancellations, your rights and duties, but still have doubts about how to proceed and claim your compensation, contact us. Our team of lawyers is at your disposal to help you and ensure that your rights are respected (and, of course, compensated).
What are moral damages and when can I claim them?
Moral damages, in the context of Brazilian law, represent a category of harms that do not necessarily involve material damages but rather injuries to a person's dignity, honor, image, reputation, and emotional well-being. For a situation to be characterized as moral damage, certain key elements must be present:
Harmful Conduct
First, there must be conduct or action that violates the person's fundamental rights, causing psychological suffering, embarrassment, shame, or humiliation. This can occur in various situations, such as defamation, slander, harassment, undue exposure of personal information, among others.
Causal Link
There must be a cause-and-effect link between the harmful conduct and the damage suffered by the victim. The person must be able to demonstrate that the responsible party's action or omission was the direct or contributory cause of the harm to their dignity or emotional well-being.
Pain, Suffering, and Emotional Distress
Moral damages involve pain, suffering, or emotional distress experienced by the victim. This subjective dimension is essential, as courts consider the individual circumstances of the victim when assessing the extent of moral damage.
What are material damages due to flight cancellation?
Material damages, when talking about a flight cancellation, refer to the economic and financial losses a passenger may suffer due to the interruption of their travel plans. Here are some examples of material damages that can arise in flight cancellation situations:
Additional Expenses
Passengers may face extra expenses, such as hotel, meals, and transportation, due to flight cancellations. If the flight is postponed to the next day, accommodation expenses, for example, are considered material damages.
Missed Connection
When a flight cancellation results in a missed subsequent connection, passengers may face additional costs to reschedule flights, as well as lose prepaid reservations for hotels or activities at the destination.
Lost Work Days
If a flight cancellation causes the loss of workdays or economic opportunities, lost wages may be considered material damages. This includes vacation days, as they are also paid days.
Rescheduling Costs
Passengers who need to reschedule their flights due to cancellation may incur ticket change fees or higher costs if they need to book last-minute tickets.
Baggage or Cargo Damage
If a passenger's baggage or cargo is lost, damaged, or stolen as a result of the flight cancellation, the costs of repairing or replacing these items are considered material damages.
Extended Stay Costs
If a flight cancellation results in an extended stay at the destination, the costs associated with lodging, meals, and transportation during that period may be considered material damages.
As a passenger, can I cancel my flight?
The answer is yes, but there are specific situations in which the passenger can cancel their ticket purchase. ANAC Resolution 400 states that passengers have up to 24 hours to withdraw from the purchase - the term used is not cancel, but renounce - and obtain a full refund of the ticket price, without any cost or interest.
Additionally, the purchase must have been made at least 7 days before the departure date. If you wish to cancel your flight and it does not fit into any of these options, you need to contact the airline and attempt a friendly negotiation. The earlier you act, the less damage you will suffer.
Now that you almost know everything about flight cancellations, your rights and duties, but still have doubts about how to proceed and claim your compensation, contact us. Our team of lawyers is at your disposal to help you and ensure that your rights are respected (and, of course, compensated).