It can be stressful to fly, but thankfully if you’re flying in Brazil, you can breathe a little easier. They have the rules in place that help protect passengers from unwanted travel complications like delays, cancellations, last-minute rescheduling, and more. You can claim compensation for your inconvenience, and let’s explore how.
What is Brazilian ANAC 400?
The Brazilian National Civil Aviation Agency Resolution No. 400, or Brazilian ANAC 400, is in place to protect passenger rights, specifically in the face of delays, cancelations, and rescheduling. It details the care and compensation that passengers should receive from airlines. Brazilian ANAC 400 was codified in 2016 following the EC 261/2004 Under Brazilian ANAC 400, you could receive up to €1,500 in compensation.
Brazilian ANAC 400 Overview
Brazilian ANAC 400 covers passengers who face issues that are out of their control, so if you’re late or missed your flight because of your personal issues, you are not covered. However, if it is a problem with the airline, you should be safe, as long as it’s not extraordinary circumstances like air traffic control strikes, extreme weather, and more. If that’s the case, you’ll be entitled to care, not compensation.
Brazil’s Consumer Law
Brazilian ANAC 400 works in tandem with the country’s consumer law, which means you could receive additional compensation of €1,500. This law covers moral damages, including wasted time, missed business opportunities, or additional suffering. These laws help hold Brazilian airlines accountable. No one likes delays and changed plans, and while some cannot be controlled, they are held responsible for those that can.
What Compensation Can I Get?
If you’re traveling in Brazil at any point in your trip or your ticket was issued in Brazil, you are entitled to compensation if you face flight complications under Brazilian ANAC 400. These include delays, cancelations, last-minute rescheduling, and more – just as long as they are within the airline’s control.
Best of all, it’s not just the flight that’s covered. You can also request reimbursement for costs you incurred as a result of the flight issue, including material damages like food, drink and transportation. The trick is that these need to be consumed or taken as a result of the flight issue to count.
Flights Delayed more than four hours
Should your issue persist for four hours or more, you are entitled to additional services. The airline should help to rebook or re-route your flight. If you do not want that, you can choose a full refund, including airport taxes and fees.
If your flight is rebooked and you require overnight accommodation, the airline should cover it as well as a part of the transfer service. Be sure to keep all receipts, bills, and vouchers to help support your claim at a later date.
Brazil takes EU 261 one step forward and lets you claim up to €1,500 in moral damages when you miss your flight because of preventable airline issues under their consumer code. Moral damages can include:
- Wasted time while waiting for your flight.
- Missed opportunities, including personal and business circumstances.
- Poor treatment or lack of care during your delay.
Ultimately, Brazilian ANAC 400 seeks to protect passengers if they face any material or moral damages when flying in, through, or with Brazilian airlines, as long as they are preventable by the carrier. Flight disruptions happen, but that doesn’t mean you shouldn’t be compensated for your inconvenience.
Which Flights Are Covered by ANAC 400?
Look to Brazilian ANAC 400 when you face flight issues that are out of your control, including flight delays, cancelations, or last-minute reschedules. To qualify, your flight must meet any of the following criteria:
- Brazilian domestic flights (from city to city within the country)
- International flights that leave from Brazil (you must start your trip in Brazil)
- International flights that arrive in Brazil (you must end your trip in Brazil)
- Connecting flights through a Brazilian airport (you have a touch point in Brazil)
- Flight tickets issued in Brazil (even if your flight is operating internationally)
As long as your flight has something to do with Brazil, you should be covered when the airline is responsible for the delay.
What Constitutes Airline Responsibility?
Airlines can fall prey to internal organizational issues that impact customers, and when that happens, you are entitled to compensation. This could be staff shortages, technical faults, overbooking, and more. If you face a delay, cancelation, or reschedule, it is worth exploring if you can file a claim against Brazilian ANAC 400 or the consumer law.
If you face any material or moral damages, you can receive financial restitution from airlines – you just have to follow through and file a claim.
Which Flights Are NOT Covered by ANAC 400?
When airlines are at fault for delays, they are responsible for any costs and distress that occurs as a result. However, what happens if you are responsible for your missed flight? Perhaps the security lines were long, and you missed your flight or decided to cancel too soon to your flight time, and your fare was non-refundable? Unfortunately, you cannot file a claim under Brazilian ANAC 400 or its consumer laws.
In order for Brazilian ANAC 400 to apply, you cannot be at fault. But what if you did everything right and you still were delayed? Brazilian ANAC 400 is intended to protect both customers and airlines, and not all circumstances are covered under the law, including extraordinary circumstances.
What are Extraordinary Circumstances?
Extraordinary circumstances are things that occur that are outside of the airline’s control. These include:
- Air traffic control
- Medical issues.
- Security issues.
Simply put, extraordinary circumstances mean the event still would have taken place, even if all reasonable measures had been taken. As much as we may like, we can’t control the weather! Even if you face delays for extraordinary circumstances, you are still entitled to care. You won’t just be left to fend for your own!
What Are My ANAC 400 Rights?
Under Brazilian ANAC 400, you are entitled to several rights, including the right to information and the right to care. The service level you receive depends on the length of your delay and inconvenience, so it’s important to understand your rights.
Right to Information
First and foremost, you have the right to information. It is your flight, so you need to know what’s going on, especially if it’s impacting your personal or professional commitments. Remember, it’s not just material damages. You’re also entitled to moral damages. As you wait, the airline must:
- Promptly inform you of delays or changes in your flight.
- Inform you of your flight’s new expected departure time as available.
- Provide updates every 30 minutes following your delay.
They are also required to provide a written explanation about the delay upon request. This will be essential if you plan to file a claim.
Right to Care
Brazilian ANAC 400 outlines basic standards of care that you are to receive should your flight be delayed, canceled, or rebooked. They vary based on the length of your delay, including:
- 1 hour or more: Access to communication if needed, including phone call or Wi-Fi access.
- 2 hours or more: Meals commensurate with the appropriate time of day. Airlines can either provide you with food or meal vouchers.
- 4 hours or more: Your flight is now severely delayed, and you are entitled to reimbursement, rebooking, and accommodation. Keep in mind accommodation is required only if you are forced to wait overnight for the next flight. If you require transportation to the accommodation, even if it’s just back home, the airline is required to cover that as well.
You may also file a claim under their consumer law for any additional moral distress you face as a result of their airline’s negligence.
ANAC 400 Time Limit to File a Claim
Time limits apply to Brazilian ANAC 400, so you want to ensure you’re timely as you file a claim. The amount of time you have to file a claim varies depending on if it is a domestic or international flight, no matter where the carrier operates. This ensures that airlines are held accountable in a timely manner. If you do not file within the timeline below, you will not be eligible for compensation, even if you deserve it. Collect your documentation and submit your claim as soon as you can so you don’t lose your window to file under Brazilian ANAC 400.
|Claim for flights in the past:|
|Domestic flights||5 years|
|International flights||2 years|
Refunds & Flight Ticket Replacements
You aren’t at the mercy of the airlines if you face a severe delay or cancelation. Instead, under Brazilian ANAC 400, you have a choice. You can choose between the following three options:
- A ticket for the next available flight, which may or may not be on the same airline. You can also opt to take a later flight on your current airline.
- A full refund of your fare, including airport taxes and fees
- Alternate transportation, like a bus fare to your destination. This will include all applicable fees and transport issues.
These accommodations will be offered to you free of charge.
ANAC 400 Rights When Airline Changes your Flight
Even the best-laid plans face changes, and airlines are no exceptions. If this happens, the airline is required to give you at least 72 hours notice if they make changes to your departure time.
- Domestic flights: +/- 30 minutes
- International flights: +/- 1 hour
If the airline does not notify you within 72 hours, under Brazilian ANAC 400, they are required to either rebook or reimburse you for your inconvenience. If preferred, you can ask for alternative transportation to your destination. You may also be entitled to food, drink, and accommodation if applicable. If this happens, keep your receipts and records.
Brazilian Air Passenger Rights on Denied Boarding
Brazilian ANAC 400 strives to combat overbooking by holding airlines accountable.
Voluntarily Give Up Seat
In some cases, you can volunteer to give up your seat. If you do, you are still required to be compensated. You’ll work directly with the airline in this case on what restitution to receive.
Involuntarily Give Up Seat
Sometimes, there are no volunteers, and the airline will choose whom to deny boarding. If this is the case, you will receive an alternate flight, reasonable care depending on the delay length, and additional compensation under Brazilian ANAC 400.
- Domestic flights: €300
- International flights: €600
You have rights if you’re denied boarding under Brazilian ANAC 400.
Rights for Passengers with Additional Needs
Flying is stressful, and if you have special needs, you’re also protected under Brazilian law, though it’s a different resolution. Brazilian ANAC 280 recognizes some passengers need additional assistance, including:
- Passengers 60 and older.
- Passengers who are pregnant or breastfeeding.
- Passengers with children under 2.
- Passengers with reduced mobility.
- Passengers who have conditions that limit autonomy.
They will receive appropriate care during their airport stay and flight. They will receive priority booking if their flight is delayed or canceled. They also will receive accommodation for delays over four hours, regardless if they need an overnight stay. Passengers with additional needs are protected under law.
How to Make Your ANAC 400 Claim?
If you face an issue that’s covered under Brazilian ANAC 400, you need to file a claim. Airlines will not automatically credit you, so it’s essential that you know your rights and file a claim within the appropriate time length. You have two options on how to file: do it yourself or work with companies that specialize in recovering flight compensation.
You can file a Brazilian ANAC 400 claim directly through your airline by contacting their customer support. You may have to negotiate because some airlines will attempt to deny your claim, even if it is a valid claim. They expect that you don’t fully know your rights, so expect a significant time investment if you attempt to pursue a claim yourself.
There are also companies that specialize in flight compensation that you can work with. They employ experts in flight law who advocate on your behalf to get the settlement you deserve. These companies will often take a flat fee based on your winnings, though some may charge additional fees if they need to go to court on your behalf. You only pay if you win, so there’s not a lot of risk to pursue a claim under Brazilian ANAC 400.
Brazilian ANAC 400 is a powerful regulation that’s meant to protect passengers from unwarranted delays. Many of the issues you face when flying are controllable, and regulations like this hold airlines accountable. No one likes losing money, so the more you file claims, the more likely it is they will change.