Air Passenger Rights: Travel with Confidence
Who doesn't love to travel, discover new places, cultures...?
Travel can be something incredible, but to visit certain places, air transport may be necessary (there are also land and sea transports, which we will address in another article).
Air transports are legally regulated by Brazilian laws and international laws - established by agreements - that have incorporated the national laws.
With this in mind, and aiming to guide the consumer in the best possible way, we have compiled a list of the main questions and issues that we have received from our clients in processes and consultations.
Flight Time or Date Change by the Airline
If the airline changes the time or date of your flight, you have the right to accept the change, request a full refund, or choose another flight of your preference, as established by ANAC Resolution No. 400, Art. 14.
Downgrade to a Lower Class
If you are seated in a class lower than the one you purchased, for example, you bought first class and fly in business, you are entitled to a refund of the fare difference, according to ANAC Resolution No. 400, Art. 20.
Last-Minute Flight Cancellation
For cancellations made shortly before departure, passengers have the right to rebooking, full refund, or completion of the service by another mode of transport, according to ANAC Resolution No. 400, Art. 12. Of course, this is without prejudice to a compensation claim for the loss of an important family, business event, or even possible fines in hotels, vehicles, and the like, which become payable by the passenger's non-appearance or late appearance.
Compensation for Overbooking
In addition to rebooking or refund options, passengers may be entitled to financial compensation for overbooking, according to ANAC Resolution No. 400, Art. 14. Remember that overbooking can prevent you from traveling, and as with the previous item, you may also be entitled to possible compensations, according to each case.
Special Assistance
Passengers who require special assistance and did not receive proper support can claim their rights according to ANAC Resolution No. 280. Inadequate service can result in the fines provided in the aforementioned resolution.
Delays and Cancellations Due to Weather Conditions
These cases are known as “force majeure,” i.e., they are unpredictable, such as adverse weather conditions. Airlines are still required to offer material assistance, although there is no financial compensation, according to ANAC Resolution No. 400, Art. 27.
Missed Connecting Flights
If you miss a separately booked connecting flight due to a delay or cancellation of the first flight, the responsibility lies with the airline of the initial flight (not always the connection is with the same company as the first flight), which must offer rebooking and rearrangement solutions for a nearby flight, according to ANAC Resolution No. 400, Art. 16. As already mentioned in previous items, compensation action may be applicable if there is any real damage.
Refund for Additional Services
For additional services not used due to cancellation or flight change, the passenger is entitled to a refund, as specified in ANAC Resolution No. 400, Art. 19.
Rights on International Flights
On international flights, in addition to ANAC's norms, international treaties such as the Montreal Convention (1999) apply, which may offer additional protections to passengers.
These protections include:
Compensation for Death or Bodily Injury: The Convention establishes the airlines' liability for the death or bodily injury of passengers, without the need to prove fault.
Destruction, Loss, or Damage to Baggage: Establishes compensation for checked baggage and personal items.
Delay in Passenger Transport: In case of delay, the airline is responsible for damages, unless it has taken all reasonable measures to avoid the damage or it was impossible to take such measures.
Delay in Baggage: Similar to passenger delays, the convention also covers baggage delays, applying the same limitation of liability.
Simplified Process for Low-Value Claims: For low-value claims, in the year 2024, the values are up to, approximately BRL 500,000.00. This value changes constantly and daily, as it updates with fluctuations in the exchange rates of the currencies that make up its basket.
Direct Action Right: Passengers can initiate legal actions directly against the airline to seek compensation under the Convention, in their own country of residence, under certain conditions, which facilitates access to justice.
Transparency: Airlines are required to inform passengers about the terms of the Convention, especially regarding liability limits and passengers' rights.
Liability for Damages Caused by Delay: The Convention establishes the airlines' liability for damages caused by delays, not only in relation to passengers but also to baggage and cargo transported.
Transport of Pets in the Cabin and as Checked Baggage
Most airlines allow small pets to travel in the cabin with the passenger, provided the pet is in an appropriate container and fits under the seat in front. For larger animals, transport as checked baggage in a pressurized and air-conditioned compartment is an option. It is vital to check the specific policies of the airline, including permitted container dimensions, applicable fees, and necessary documentation, such as health certificates and vaccination.
Transport of Guide Dogs
Guide dogs are exceptions to the rule and can travel in the cabin with their owner, at no additional cost. Airlines must accommodate guide dogs without size or weight restrictions, ensuring the passenger and their dog have enough space. Required documentation may include proof of training and health certificates.
International Implications
When planning international trips with pets, it is crucial to be aware of the laws and regulations of the destination country. This may include quarantine requirements, specific vaccinations, and the need for microchips. Preparation should start well before the travel date to ensure all requirements are met.
Problems and Solutions in Cases of Traveling with a Pet
In rare cases of death or loss of an animal during transport, the consumer should immediately contact the airline to report the incident. It is important to have all documents related to the pet's transport, as this will facilitate the claim process and possible compensation.
Documentation for Traveling with a Pet
Check Airline Policies: Before booking, confirm all policies related to pet transport.
Complete Documentation: Keep your pet's documentation up-to-date and accessible, including health certificates and vaccination.
Pet Preparation: Get your pet accustomed to the transport container to reduce stress during the trip.
Travel Insurance for Pets: Consider purchasing insurance that covers potential problems during the trip.
Complaint Process
For effective complaints, initially, contact the airline. If unresolved, you can turn to the Special Courts - with or without a lawyer's assistance -, to the Consumer Protection Agency (Procon), and in certain cases, even to ANAC.
For legal actions, consult a specialized lawyer to have all your rights guaranteed.
Interestingly, some airports already have a Special Court service point within the terminal itself.
For each problematic situation, the passenger should first try to solve the problem directly with the airline, providing specific details of the incident and requesting an adequate solution. If the airline's response is not satisfactory, the passenger can turn to consumer protection bodies, such as ANAC or Procon, and, if necessary, seek legal advice to assess the possibility of legal action for damage repair.
Legal Bases for Consultation:
Consumer Protection Code (Law No. 8.078/1990): Relevant articles include Art. 6, which deals with the basic rights of the consumer.
ANAC Resolution No. 400: Regulates the rights of air passengers, including assistance in case of delays, cancellations, and overbooking.
Montreal Convention (1999): Deals with various aspects of international air transport, including airlines' responsibilities towards passengers and their baggage.
This article reflects the current Brazilian legislation related to air passenger rights. It is important to highlight that, although all efforts have been made to ensure the accuracy of the information, laws and regulations are subject to change. Therefore, it is always recommended to consult official sources or seek professional legal advice for specific situations. The intention of this article is to provide an overview and should not be considered as definitive legal advice.
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