Delays or cancellations of flights, loss of luggage or problems with accommodation

Either on summer vacations or at any time of the year, the Planning care is sometimes truncated For some unforeseenlike the cancellation of a flight, the luggage that does not arrive or the hotel is not as one expected.

Faced with these types of situations, what can be done?What rights have passengers And what are the duties that correspond to the different service providers?

Before advancing, it is worth remembering that a few months ago part of the protection of travelers with the New Air Contract Regulation (Decree 809/2024): It requires airlines and agencies to guarantee compliance with the flight, safety and decent treatment for the passenger.

“Inform on rights as a tourist It is as important as assembling the suitcase since knowing the options will allow to act safely and avoid inconveniences that may affect the holidays, ”says lawyer Pablo D. Brusco, partner of the legal study Brons & Salas.

There are different situations, from cancellations due to climatic issues, to union conflicts or programming changes.

“If an airline cancels a flight 30 days in advance or moreyou must offer a similar flight, relocate the passenger or reimburse the passage, “Brons & Salas point out.

As marks the new Decree 809/2024, in case of delays between 4 and 8 hours, the airline must offer food and drink. If the delay exceeds 8 hours, also accommodation and transfers.

And one more fact at a time when many flights leave “complicated”: if the delay were less than 4 hours, but in the midnight time strip at 6 in the morningthe airline must also provide drinking and food services.

“If the reprogramming is due to causes attributable to the airline, you must offer these services, unless you notify at least two weeks in advance. In force majeure situations, the airline must reincaminate the passenger or reimburse the passage“The specialists point out.

They add that “the airlines can be responsible for damages derived from delaysunless they show that they took all measures to avoid them. The jurisprudence has also condemned airlines to compensate passengers for additional expenses if they were not offered adequate alternatives after the cancellation of the flight. “

Overbooking or overalls is When more aerial passages are sold than available for a flight determined.

In these cases, the passenger can demand economic compensation that varies according to the distance of the flight, assistance (communications, food, accommodation) and relocation on another flight or the toucket reimbursement.

“It is considered a breach of the airline that must respond for the mediated and immediate consequences of such an event,” they explain in the legal study.

The situation can occur at some point, especially in chaotic shipments or Flights with complicated connectionswith little time between one flight and another.

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

“The amount of compensation will depend on the type of travel and if value objects were declared,” they point out in Brons & Salas.

Tips to be taken into account:

• Money, electronic, jewels or objects of economic or sentimental value should be carried in the wallet or handbag.

• Faced with any problem with the luggage, it is to report it before leaving the airport with the airport security police and the airline, completing the Irregularity of Equipos (PIR). Keeping the luggage heel and expense vouchers is essential for any claim.

In case of national flightsif the airline does not respond or fulfill its duties, it can be claimed before the National Civil Aviation Administration (ANAC).

To claim “Compensation for damages”they explain in the legal study, “the passenger must initiate a prejudicial conciliation process.” If that does not work, we will have to resort to the judicial route.

“As a novelty, the recent decree No. 809/2024 created the Conciliation service for air transport passengers to treat users’ claims by digital means. It is not mandatory (it is optional) to intervene a lawyer as a traveler’s assistant, “explains lawyer Daniel Torres, also from the Brons & Salas study, although he recommends the assistance of a professional against the different complexities that could arise.

Surely once all travelers lived the following situation: to arrive at the chosen and reserved hotel, and find that it is far from complying with what was expected. Or maybe the hotel is as promised on the web, but The service leaves much to be desired.

If the agreed conditions are not metthe passenger can claim compensation “for the damages caused or even the resolution of the contract. For this purpose, it is important to document any breach with photos, videos or testimonies, as well as any other evidence that is useful to prove the damage suffered”, They explain from the legal study.