Rebooking, Refund: See passenger rights when flight is canceled

The number of flights canceled or rescheduled in Brazil, due to the advance of both Covid-19 and Influenza cases, has not stopped rising since the turn of the year.

Azul and Latam are some airlines that have gone public in recent days to report that they are rearranging their travel schedules, affected by the increase in medical layoffs for their crew and also by the rise in infections in the general population. The count of canceled flights is already over 100.

When the cancellation or change of a flight is carried out by the company, and not by the passenger, the consumer is no longer subject to any penalties provided for in commercial contracts (such as fines and fare differentials) and starts to have certain rights, which must be guaranteed by the companies.

These obligations are guaranteed by the rules of the National Civil Aviation Agency (Anac), gathered in Resolution 400/2016, which regulates this and other points in the sector (such as charging separately for baggage).

THE CNN Brasil Business contacted Anac to clarify what the main rights of the traveler and obligations of the companies are in cases of cancellation of flights like these. See below:

Change at no cost

Unlike when it is the passenger who requests the cancellation or change of his/her flight, the customer must be exempted from any contractual cost when the cancellation comes from the airline.

This is the case of fines and also the charge of the fare differential, applied when the altered flight is more expensive than the original one.

In these cases, according to Anac, the passenger has the right to choose either to rebook on another flight of his/her choice (depending on seat availability) or to cancel and fully refund the ticket price, without additional costs.

You can also choose to receive the trip by other types of transport, such as buses.

Company cannot impose new schedule

It is common that, when canceling a flight, the company already indicates to the passenger a new date and time for the re-accommodation. The traveler, however, is not obliged to accept, and can ask to change the new trip to any other day or time that is convenient for him, as well as request a refund, if he prefers..

There is no limitation for choosing the new flight, says Anac: the passenger can choose to relocate it to any other day and time, with no time limit, within the marketed options and as long as a seat is available.

If the outbound leg has been changed, what happens to the return leg?

In most cases, the canceled flight will affect only part of the passenger’s journey, on the way out or back.

Anac explains, however, that the air transport contract is unique, that is, when the round trip segment is purchased together, they have the same locator and concern only one purchase contract.

This means that the passenger can, if they wish, change both segments or, if they choose not to, request a refund for the full amount of the entire trip.

Refund without discounts; credit is optional

If you have a canceled flight and choose to forgo the trip, the buyer is entitled to receive the full amount paid back, without any fines and other costs.

Companies can also offer to return credits to be reused for future travel and services. This alternative, however, should not be mandatory. The final decision to receive the amount in direct payment or in credit rests with the passenger.

Loss with the hotel belongs to the passenger

There is nothing in the industry regulations that obliges companies to be liable for losses other than those related to air transport.

This means that other expenses that the traveler has had, such as hotel reservations or car rental, and that he ends up losing due to a flight canceled by the airline, should, in principle, be borne by him.

The consumer can, however, try to claim material damages resulting from the inconvenience on other fronts, such as consumer protection agencies or the courts.

Food and overnight allowances

Anac’s rules provide for minimum cost aids that must be provided by companies to passengers in general cases of delays, cancellations and also of denied boarding on flights, in case, for example, there is no available seat on the aircraft.

The services must be offered free of charge and are valid for cases in which the passenger is already at the airport, according to the waiting time generated by the unforeseen event:

• From 1 hour: means of communication (internet, telephone, etc.);
• After 2 hours: food (voucher, meal, snack, etc.);
• From 4 hours: accommodation (only in case of overnight stay at the airport) and round-trip transfer. If the passenger is at his place of domicile, the company can only offer transportation to his place of residence and from his house to the airport.

Passengers in need of special assistance (PNAE) and their companions will always be entitled to accommodation, regardless of the requirement to stay overnight at the airport.

Passenger infected with Covid-19 pays for rebooking

There is currently no aid or incentive provided for the change of flights by passengers who receive a positive diagnosis for Covid-19 on the eve of the trip and who want or need to change the dates.

This means that he remains responsible for paying the fine and additional damages if he chooses not to board the flight.

In 2020 and 2021, during the pandemic, a special federal law was in force (14,034/2020) that allowed the change or full refund of any trip without the incidence of contractual fines. The rule, however, expired on December 31 and, for now, remains without renewal.

Companies may, however, voluntarily offer alternatives in such cases.

Latam, for example, said in a statement over the weekend that it is allowing passengers diagnosed with Covid-19 to reschedule their ticket once without being charged a fine, but paying the difference in price, if any.