Airline cancellations and delays were recorded at airports in São Paulo, Santa Catarina, Belo Horizonte, Rio de Janeiro and Brasilia in December, with more than 400 flights canceled following windstorms with gusts of up to 98 km/h. At MetropolisesIsabela Castilho, lawyer specializing in passenger law, explains the obligations of airlines and the rights guaranteed to travelers in these situations.
It specifies that in the event of a delay or cancellation of a flight, the passenger is entitled to what is called material assistance.
“This is an assistance service that the airline must offer to the passenger in the event of delay, cancellation or re-accommodation of the flight. This right is provided for by Resolution No. 400 of the National Civil Aviation Agency (Anac) and is also supported by the Consumer Protection Code, because air transport is a provision of services,” it specifies.
6 images
Close modal.
1 of 6Reproduction/Social networks2 of 6Disclosure/Viracopos3 of 6Disclosure/Viracopos4 of 6
After a chaotic day, Congonhas airport once again sees its flights canceled
Reproduction/Social Networks 5 of 6Getty Images6 of 6
Color image of an airplane
Michael Melo/Metropolises
The service is obligatory, whatever the cause of the problem, including in bad weather and storms, and varies depending on the waiting time:
- from 1 hour, the company must guarantee the means of communication;
- from 2 o’clock, food must be offered;
- from 4 hours onwards, or in the event of cancellation, accommodation and transport must be provided if an overnight stay is required.
Read also
-
Sao Paulo
SP: after the cyclone, airports have 31 flights canceled this Friday (12)
-
Sao Paulo
SP Airport is expected to welcome half a million passengers by the end of the year
-
Sao Paulo
Congonhas Airport is crowded after cancellation of flights in SP
-
Sao Paulo
Cyclone effect: airports canceled flights, queues and crowded hotels
In addition, when the delay reaches 4 hours or if the flight is canceled, the passenger can choose between:
- Reaccommodation on the next available flight, free of charge, even on another airline;
- Reschedule the ticket for another date;
- Full refund of amount paid.
However, in the event of lack of information, excessive delay or lack of assistance to the passenger, the airline may be held responsible and compensation therefore becomes possible.
Compensation
According to the expert, passengers can request compensation whenever the flight is delayed by more than 4 hours, in case of cancellation or when the company does not provide mandatory assistance, such as food, accommodation, transportation and adequate information.
“As soon as the problem arises is the best time, but there is a deadline of five years to request compensation on domestic flights and two years on international flights,” explains the lawyer.
According to her, the right to compensation is supported by the Consumer Protection Code, which considers air transport as a provision of service. “This means that the airline has strict liability. In other words, the passenger does not need to prove guilt, it is enough to demonstrate that there was a failure in the service,” he says.
Some caution is necessary, however, when traveling on vacations and commemorative dates. With the increase in the number of passengers at airports, the risk of complications also increases. Discover some necessary precautions:
- Arrive at the airport early;
- Follow airline warnings;
- Organize travel documents;
- Identify the baggage;
- Keep a copy of your boarding pass as proof.
About The Author
