Traveler rights: flight delays or cancellations, lost luggage or accommodation problems

Whether it's a summer vacation or a getaway at any time of the year, careful planning is sometimes truncated by unforeseen events , such as a cancelled flight, luggage that doesn't arrive, or the hotel not being what one expected.

What can be done in situations like this? What rights do passengers have and what are the responsibilities of the various service providers?

Before moving forward, it is worth remembering that a few months ago, part of the protection of travelers was reinforced with the new Air Contract Regulation (Decree 809/2024): it requires airlines and agencies to guarantee the fulfillment of the flight, safety and dignified treatment for the passenger.

“ Being informed about your rights as a tourist is as important as packing your suitcase, since knowing your options will allow you to act safely and avoid inconveniences that could affect your vacation,” says lawyer Pablo D. Brusco, partner at the law firm Brons & Salas.

There are different situations, from cancellations due to weather conditions, to union conflicts or schedule changes.

"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," Brons & Salas said in the study.

As established by the new Decree 809/2024, in the event of delays of between 4 and 8 hours, the airline must offer food and drinks. If the delay exceeds 8 hours, accommodation and transfers must also be provided.

And one more detail in times when many flights leave at "complicated" times: if the delay is less than 4 hours, but in the time slot from midnight to 6 in the morning , the airline must also provide food and drink services.

"If the rescheduling is due to reasons attributable to the airline, it must offer these services, unless notified at least two weeks in advance. In situations of force majeure, the airline must re-route the passenger or refund the ticket ," the specialists point out.

They add that " airlines may be liable for damages arising from delays , unless they prove that they took all measures to avoid them. Case law has also condemned airlines to compensate passengers for additional expenses if they were not offered adequate alternatives after the flight was cancelled."

Overbooking is when more airline tickets are sold than are available for a given flight .

In these cases, the passenger may demand financial compensation that varies depending on the distance of the flight, assistance (communications, food, accommodation) and relocation on another flight or reimbursement of the ticket.

"This is considered a breach by the airline, which will have to answer for the immediate and mediate consequences of such an event," the law firm explains.

This situation can occur at times, especially during chaotic boardings or flights with complicated connections , with little time between one flight and another.

Whatever the situation, the airline is responsible for damage, delays or loss of luggage.

"The amount of compensation will depend on the type of trip and whether valuables were declared," Brons & Salas said.

Tips to keep in mind :

In the case of domestic flights , if the airline does not respond or fulfill its duties, a claim can be filed with the National Civil Aviation Administration (ANAC).

In order to claim "compensation for damages" , the law firm explains, "the passenger must initiate a pre-trial conciliation process". If that does not work, the courts will have to be resorted to.

“As a novelty, the recent Decree No. 809/2024 created the Conciliation Service for Air Transport Passengers to deal with user complaints by digital means. It is not mandatory (it is optional) for a lawyer to intervene as a traveler's assistant," explains lawyer Daniel Torres, also from the Brons & Salas firm, although he recommends the assistance of a professional in the face of the different complexities that may arise.

Surely every traveler has experienced the following situation at some point: arriving at the hotel you have chosen and booked, and finding that it is far from meeting expectations. Or perhaps the hotel is exactly as promised on the website, but the service leaves a lot to be desired .

If the agreed conditions are not met , the passenger can claim compensation "for the damages caused or even the termination of the contract. To this end, it is important to document any non-compliance with photos, videos or testimonies, as well as any other evidence that is useful to prove the damage suffered," explains the law firm.