Although vacations promise relaxation and adventure, unforeseen events such as cancellations or lost luggage can occur. Fortunately, tourists have rights as consumers. Furthermore, the new Air Contract Regulations (Decree 809/2024) reinforce this protection, requiring airlines and agencies to guarantee flight performance, safety, and fair treatment. Knowing these rights allows travelers to deal with inconveniences and enjoy a more peaceful trip.
What happens if the airline cancels my flight?
If an airline cancels a flight 30 days or more in advance, it must offer a similar flight, relocate the passenger, or refund the ticket. In addition, for delays of between 4 and 8 hours, it must provide food and drinks; and if the delay exceeds 8 hours, it must also provide accommodation and transportation. If the delay is less than 4 hours but falls between midnight and 6:00 a.m., the airline must also provide refreshments and meals.
On the other hand, if the rescheduling is due to reasons attributable to the airline, it must offer these services, unless it is notified at least two weeks in advance. In cases of force majeure, the airline must reroute the passenger or refund the ticket.
Finally, airlines may be liable for damages arising from delays unless they prove they took all necessary measures to avoid them. Case law has also ordered airlines to compensate passengers for additional expenses if they were not offered adequate alternatives following a flight cancellation.
Overbooking:
If boarding is denied due to overbooking (the sale of more flight tickets than available), the passenger may request financial compensation, which varies depending on the flight distance, assistance (communications, food, accommodation), and rebooking or a refund of the ticket. This is considered a clear breach of duty by the airline, which must respond to the immediate and immediate consequences of such an event.
Lost or damaged baggage:
Airlines are liable for damage, delay, or loss of baggage, and may be ordered to compensate for property damage—including damage resulting from lost baggage—and even for non-material damages. The amount of compensation will depend on the type of trip and whether valuables were declared. If the passenger wishes to travel with valuables, it is recommended that they carry them in the cabin.
If you have any problems with your baggage, it's crucial to report it immediately to the Airport Security Police (*777) and the airline, completing the Baggage Irregularity Report (PIR). Keeping your baggage receipt and expense vouchers is essential for any claim. Finally, following the airline's baggage regulations will help prevent inconveniences.
Damages:
Airlines are responsible for damages suffered by passengers during the flight, boarding, and disembarking. In the event of food poisoning caused by snacks provided in flight, it is important to inform the crew, seek medical attention, and then file an insurance claim.
It's essential to arrive at the airport early and have all necessary documentation, such as ID, passports, visas, and authorizations for minors. Traveling with children or adolescents requires parental authorization or a substitute authorization from the appropriate authority.
Passengers requiring special assistance must inform the airline at least 48 hours before their flight to receive appropriate support. People with disabilities do not pay for parking at airports within the National Airport System (SNA).
Guide dogs can travel free of charge in the cabin on domestic flights, with proper documentation. On international flights, passengers should check the requirements for each country.
Pregnant women can fly without restrictions up to the 28th week; between the 28th and 39th week of pregnancy, with a medical certificate; and boarding is not permitted after the 39th week of pregnancy.
Where and how to file a complaint?
Complaints about airline violations on domestic flights can be filed with the ANAC (National Civil Aviation Administration). If the violation is proven, the agency will fine the airline but will not provide compensation to the injured passenger.
To claim compensation for damages, the passenger must initiate a pre-trial conciliation process and, if unsuccessful, resort to judicial proceedings. The jurisdiction for these cases is still under debate and must be analyzed on a case-by-case basis.
"As a new development, the recent Decree No. 809/2024 created the Air Transport Passenger Conciliation Service to handle passenger complaints through digital means. It is not mandatory (it is optional) for a lawyer to intervene as a traveler's assistant. Notwithstanding the foregoing, given the complexity of the matter, the
assistance of a lawyer is recommended to properly frame the claim before the airlines and their intermediaries who have experience in their business," says Daniel Torres of Brons & Salas.
Breach of contract with hotels or other services:
If the hotel or any other contracted tourist service fails to meet the agreed conditions, the passenger has the right to claim compensation for damages or even termination of the contract. To this end, it is important to document any breach with photos, videos, or testimonials, as well as any other evidence
that may prove the damage suffered.
“Being informed about your rights as a tourist is just as important as packing your suitcase, as knowing your options will allow you to act safely and avoid inconveniences that could affect your vacation,” says Pablo D. Brusco, partner at Brons & Salas.
Source: Brons & Salas