The cancellation or delay of a flight causes many inconveniences. Losses in the reservation of other tourist services, not arriving on time for work commitments and bills extras that were not planned in the budget.
Furthermore, in those moments of tension and stress, several questions arise: Do I have to buy another ticket? Does the airline take care of my expenses at the airport? Who pays for accommodation if the next plane leaves the next day?
All these doubts are resolved in the General Conditions of the Air Transport Contract, which establishes the rights of the passengers.
What to do if your flight is canceled or delayed
When a flight is cancelled, you should always go to the airline, either at an airport counter or through other means of communication, to make the necessary claim.
Depending on the reasons of the cancellation, the passenger will be compensated or not. Since 2013, in Argentina, airlines are not required to make compensation if flights cannot depart for reasons meteorological.
The same happens in case of strikes, since the national regulations say nothing about it. There are rulings for and against airlines regarding claims for this reason.
Now, in what situations can the passenger complain and ask for compensation for a cancellation?
According to resolution 1532/98, modified by 203/13, when operational circumstances occur, techniques or of a commercial nature, the carrier cancels or delays a flight or the delivery of luggage for more than four hours, or denies previously confirmed boarding (overbooking), or cannot make a stopover at the stop-stay or destination point, the Passenger has the following rights:
Passengers must know their rights to be able to complain. Photo Shutterstock.- the mandatory inclusion in the immediate flight rear of the same transporter for its destination,
- to the endorsement of his transport contractincluding connections with confirmed space, when acceptable to the passenger,
- to be forwarded by another route to the destination indicated in the contract, by the services of the carrier or the services of another carrier, or by another means of transportation, in the latter cases subject to space availability.
- If the passenger does not agree with the rescheduling, they can opt for the reimbursement of the passage.
An Aerolíneas Argentinas plane. Photo Fernando De la Orden. Important: If the fare of the new route is greater than the value of the purchased ticket, the passenger must not pay any additional charge, but if the price of the rescheduled trip is lower, the carrier must refund the difference.
For those who do accept the rescheduling, the company also has to provide no fee, telephone or cable communication to the destination point and local communications; meals and snacks in accordance with the waiting time; accommodation in a hotel, at the airport or in the city, when the delay of a flight exceeds four hours; ground transportation to and from the airport.
On the other hand, if the airline does not comply with its obligations, passengers always have the legal jurisdiction to continue with the claim.
“Definitely The current regulations must be updated. It is from 1998 and is old in several ways. For example, the right to telephone calls for incidental services (today it would be providing an internet signal or battery charging), says Santiago Aramburu, a lawyer specialized in Tourism Law.
And he adds that if rescheduling does not work for the traveler, there is always the possibility of claim through administrative or judicial channels.
“As these are, in general, low (or small) amount consumer contracts, the administrative routeswhich are usually fast and free, are of utmost importance and necessary for correct and due protection of the traveler,” he explains.