ANAC 400: Your air passenger rights & compensation in Brazil explained

Several factors can affect compensation, such as how long your journey was, how much you were affected by the disruption, what caused the disruption, and how well or poorly the airline cared for you.

As a US passenger on a Brazilian flight, Brazil’s Consumer Code offers compensation for flight delays, missed connections, and overbooking. You can also get compensation for cancellations and schedule changes that the airline didn’t tell you about until less than 72 hours before the flight was scheduled to depart.

Brazil’s Consumer Code protects passengers from more than just delays or cancellations., Airlines can also be held responsible for the stress and frustration their disruptions cause. So if you miss something important — like a wedding, graduation, or even a key business meeting — you could claim compensation for those “moral damages”.

Think of these as out-of-pocket costs a disruption sticks you with. Extra nights in a hotel, meals at the airport, or even tickets to an event you couldn’t make because of the delay all count as “material damages.” In other words: if the airline’s mess-up made you spend money or lose money, you may be entitled to claim it back.

You’re entitled to more care for longer delays. If a delay is:

More than 1 hour: Airlines must give you a way to stay connected — like phone access, Wi-Fi, or another communication option.

More than 2 hours: The airline must offer meals appropriate for the time of day. This can be in the form of food or meal vouchers.

More than 4 hours: At this point, you can ask for a refund or an alternative flight. If the delay forces you to stay overnight, the airline must offer accommodation and airport transfers. If you live in the city that the plane is flying out of, the airline doesn’t have to offer accommodation, but it must provide a transfer to your home if you want it.

You’re entitled to find out promptly if your flight is delayed at the airport, as well as the flight’s new expected departure time.

After the initial information is provided, you must be updated on the delayed departure time every 30 minutes. You’re also entitled to a written explanation if you ask for it.

If the airline needs to change your flight’s departure time or change your direct flight to a connecting flight, it can do so. However, it must tell you at least 72 hours before the original departure time.

If your flight changes by more than this, or if the airline does not inform you more than 72 hours in advance, it must offer you either:

• An alternative flight

• A full refund

If the airline fails to inform you and you arrive at the airport for your original departure time, it is required to rebook your flight or offer a refund. It can also provide you with alternative transportation, such as a bus, taxi, ship, or a private driver service like Uber. If you need food, drink, and/or accommodation, the airline must pay for these as well.

If your flight is delayed by more than 4 hours, overbooked, or cancelled, ANAC 400 says airlines must offer either:

• A refund of the fare, including airport taxes and fees

• A ticket on another flight, or

• Some other way of getting to your destination, such as bus or train ticket

The airline also must offer free transfers to another flight or route to your destination.

If you book a ticket on another flight, you can choose another airline if it has the next available flight. If you’re willing to wait, you can take a later flight on the same airline.

In either case, you will have priority over other passengers on the rebooked flight. So if your replacement flight is overbooked, you don’t have to give up your seat.

You’re entitled to the care detailed above until you depart on your flight or alternative transport, but not if you accept a refund.

One goal of ANAC 400 is to discourage airlines from overbooking flights, because this can result in people being denied boarding.

On an overbooked flight, the airline will first ask for volunteers to give up their seats in exchange for compensation. While some compensation is required by law, the airline and passengers decide exactly what it is.

If the airline can’t find any volunteers, it can deny boarding to some passengers. These people must be offered an alternative flight, the essential care outlined above, and additional compensation specified by ANAC 400 and payable immediately.

ANAC 400 compensation amounts are in Special Drawing Rights or SDR. However we find that passengers can often claim more than this, up to $1,700.

If the airline asks you to sign a volunteer overbooking form, don’t do so unless you’re really volunteering to give up your seat. If you’re being denied boarding against your will, ask to sign a form for involuntary denied boarding.

Another ANAC resolution, Nº 280, recognizes the rights of air passengers who may need more assistance when they fly. These include passengers:

• Aged 60 and over

• Who are pregnant or breastfeeding

• Accompanied by an infant (a child under 2)

• With reduced mobility

• With a specific condition that limits their autonomy

Under this resolution, appropriate care and assistance must be offered to these passengers while they are at the airport and during the flight. They also have priority when flights are delayed or canceled. For example, they must be reallocated onto new flights first if passengers are offered a replacement flight.

Finally, passengers with additional needs must also be offered accommodation if a flight is delayed by 4 hours or more. This is true even if the delay doesn’t require a stay overnight.

Under ANAC 400, airlines must provide their customers with an electronic method of filing complaints, finding information, and managing things like flight changes, flight terminations, and refunds.

Moreover, in-person assistance must be provided by the airline at the airport. Customer service representatives must be available to field complaints, provide information, and act as a point of contact if a flight is disrupted or someone is denied boarding.

Representatives must be stationed at a check-in desk or other properly identified location for at least two hours before takeoff and after landing. Complaints must be answered in no more than 10 days.

Getting your compensation can take a few weeks to a few months, sometimes longer. The exact timing depends on whether our partner attorneys need to go to court. We’ll keep you updated every step of the way.

You can claim compensation for domestic flight delays and cancellations from the past 5 years, and for international flights from the past 2 years.

ANAC 400 is a Brazilian law that specifies remedies for flight overbookings, delays, changes, and cancellations. Remedies include alternative flights or refunds, among other things.

In addition to the rights provided under ANAC 400, Brazil’s consumer code allows passengers to claim compensation for material and moral damages if their flight is disrupted.

Material damages are quantifiable financial costs resulting from the disruption, such as meals and hotels. These damages require receipts.

Moral damages help compensate for other problems caused by the disruption, such as missed opportunities, wasted time, and/or poor treatment by the airline.

This depends how long the delay is:

Over 1 hour: Access to communication, e.g., Wi-Fi access for emails.

Over 2 hours: Meals appropriate for the time of day.

Over 4 hours: Passengers choose if they still wish to travel. If you do, you’ll get food and accommodation if the delay goes overnight. If you don’t you can get a refund or a replacement flight.

Here's the official text of ANAC 400.