Find out your rights in the event of a cancelled flight and how to proceed to obtain refunds and compensation!

Having a flight cancelled is a frustrating experience that can jeopardise the entire planning of a trip, causing delays and inconvenience.

Understanding your rights as a passenger and knowing how to proceed in such cases is essential to avoiding financial losses and obtaining adequate compensation.

In Brazil, the legislation is regulated by ANAC (National Civil Aviation Agency), which clearly defines the obligations of airlines and the rights of passengers.

This article will explore the main causes of flight cancellations, passengers' rights, how to guarantee reimbursement and compensation, and what steps to take after a cancellation.

With this knowledge, you'll know exactly what to do to protect your rights and minimise the impact on your travel plans.

Main reasons for flight cancellations

Flights can be cancelled for a number of reasons, which generally fall under factors internal or external to the airline. Understanding these causes helps you know how to act and what to expect in the way of support and compensation. Among the main reasons are:

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Adverse weather conditions: Storms, dense fog or strong winds can make safe take-offs and landings impossible. In these situations, cancellation is a precautionary measure.

Operational problems: Mechanical failures in aircraft, lack of crew or logistical problems in the flight operation can lead to cancellations. Airlines have an obligation to ensure that the flight only takes place in complete safety.

Strikes and demonstrations: Strikes by airline or airport employees, such as pilots and flight controllers, directly affect flight schedules.

Commercial reasons: In some cases, flights with low occupancy can be cancelled for commercial reasons. Although this practice is permitted, airlines must follow protocols to compensate affected passengers.

Passenger Rights in the Event of a Cancelled Flight

When a flight is cancelled, the passenger is entitled to a series of compensations and assistance services. ANAC establishes that airlines must offer adequate support to affected passengers, varying according to the waiting time and the specific situation.

1. Material Assistance:
   • When the cancellation results in a wait of more than 4 hours, the company must provide food, accommodation and transport if necessary. This includes vouchers for meals and transfer to a hotel in the event of an overnight stay.
2. Refund or re-accommodation:
   • The passenger can opt for a full refund of the amount paid or re-accommodation on another flight with the same or a different company. If the company does not offer suitable options, the passenger can purchase another ticket on their own and request a refund at a later date.
3. Additional indemnity:
   • In cases of cancellations due to the company's negligence, the passenger may be entitled to additional compensation. This can happen when there is a lack of communication or inadequate support.
4. Right to Information:
   • The airline must immediately inform you of the cancellation and provide rebooking assistance. It is important that the passenger records these communications for future claims.

Steps to Take Immediately After Flight Cancellation

If your flight is cancelled, follow these steps to guarantee your rights and minimise inconvenience:

Search for information at the Company's counter:

Immediately contact the airline at the airport and ask about the reason for the cancellation and rebooking options. Have all your documents and ticket ready to speed up the process.

Request material assistance:

If the waiting time is longer than 2 hours, request the compensation provided, such as food and accommodation, directly at the counter or through official communication channels.

Keep receipts:

If you incur additional expenses (food, transport or accommodation) as a result of the cancellation, keep all receipts. They will be useful for claiming reimbursement.

Record everything in writing:

Whenever possible, document communication with the airline. Emails, text messages and call notes can serve as evidence in future disputes.

When and How to Request a Refund or Compensation?

If you opt for a refund, you must apply directly to the airline. The deadlines for reimbursement vary depending on the situation:

1. Immediate reimbursement:
   • For cancellations with more than 24 hours' notice, the refund must be processed quickly, usually within 7 working days.
2. Compensation for Extra Expenses:
   • If there are expenses caused by the cancellation (such as accommodation or transport), the passenger is entitled to reimbursement on presentation of receipts.
3. How to apply:
   • Refund requests can be made via the airline's website or at airport service points. In complex cases, it is advisable to formalise the request in writing by sending an email to the customer service centre.

Differences between Cancellation, Delay and Overbooking

Although similar, each situation has specific rules. Learn about the differences:

• Flight cancelled: This is when the airline decides not to operate a scheduled flight.
• Delayed flight: The flight is operated, but with a significant delay, which can be anything from a few hours to more than 24 hours.
• Overbooking: This is when the company sells more seats than the aircraft has capacity for, resulting in passengers being left without a seat.

In all cases, the passenger has rights guaranteed by ANAC, but compensation varies according to the situation.

What to do if the company doesn't fulfil its obligations?

If the airline fails to fulfil its obligations, you can take legal action to guarantee your rights:

Complaint to ANAC: Register a complaint on the ANAC explaining what happened and attaching proof of non-compliance.

Go to Procon: Procon can help with consumer disputes, such as lack of material assistance or denials of reimbursement.

Legal action: If the situation is not resolved, the passenger can go to the Special Civil Court (JEC) to seek financial compensation and moral damages.

Tips for minimising the impact of cancellations

Take out travel insurance: Travel insurance covers cancellations and extra expenses, guaranteeing more protection.

Choose Companies with a Solid Reputation: Check the company's reputation on review sites to avoid companies with a history of frequent cancellations.

Opt for direct flights: Whenever possible, choose direct flights to reduce the risk of cancellations during connections.

Is it worth hiring legal assistance?

In the event of cancellations that result in major losses, it is advisable to hire a lawyer specialising in consumer rights.

Legal assistance can increase the chances of obtaining adequate compensation, especially in cases of systematic non-compliance with the airline's obligations.

Conclusion

Knowing your rights as a passenger is fundamental to avoiding inconvenience and ensuring a smooth journey.

In the event of a cancelled flight, stay calm and follow the appropriate steps to ensure compensation and support. This will ensure that the impact on your planning is kept to a minimum and that you continue travelling safely and with peace of mind.

With these guidelines, it's easier to deal with unforeseen events and plan your trips more efficiently and safely!