ANAC 400: Brazil’s Flight Compensation Regulation

ANAC 400 is Brazil’s flight compensation regulation.

In Brazil, air traveler rights are protected by this regulation. It is a set of laws and regulations which are created to protect air passengers rights in Brazil, and when traveling to and from Brazil. Thanks to these regulations, travelers in Brazil are protected against flight delays, cancellations and denied boarding. In some cases, ANAC 400 also works outside of Brazil. 

Let’s go into details to better understand how ANAC 400 works.

What Is ANAC 400?

ANAC 400 is Brazil flight compensation regulation. In Portuguese it’s called – Resolução 400 ANAC. It’s a set of laws and regulations that protect air passenger rights in Brazil. It does protect both Brazilians and tourists from abroad. According to ANAC 400, passengers affected by flight disruptions are entitled to receive care from the airline and, in some cases, flight compensation for “moral damages”. 

The regulation explains in what situations passengers are entitled to compensation, and in what situations — passengers can get certain services from the airline (right to care). The regulation defines the airlines’ responsibility towards affected passengers in Brazil.

Travelers in Brazil are protected under ANAC 400.

We have separate guides on this:

• Brazil Flight Delay Compensation
• Brazil Flight Cancellation Compensation
• Brazil Denied Boarding Compensation

In Which Situation Does the Regulation Work?

The regulation applies to all Brazilian flights.

ANAC 400 Brazil flight compensation regulation applies to:

1. flights to Brazil,
2. flights from Brazil, 
3. domestic flights within Brazil. 

If you are facing any problems with your Brazilian flight through no fault of your own, the airline has to take care of you. If, in case of flight delay, flight cancellation or denied boarding due to overbooking, you have to wait at the airport for more than 1 hour, you are entitled to receive certain services for free. Also you must regularly be notified about your flight status.

Extraordinary Circumstances

Extraordinary circumstances are not covered.

If your flight is delayed or cancelled due to bad weather, airport staff strikes, hidden manufacturing defects or other unforeseeable circumstances, you aren’t entitled to compensation from the airline. But you are still entitled to care.

Keep in mind that technical problems are not extraordinary circumstances. Only hidden manufacturing defects are considered extraordinary circumstances.

Assistance at the Airport

If your flight has been delayed, cancelled or overbooked, you are entitled to receive certain services from the airline.

All of these services must be offered completely for free. These services are provided according to the period a passenger has to wait at the airport. The longer you have to wait at the airport (more than planned), the more you could be receiving from the airline. If you don’t get what you are entitled to, you are eligible to receive flight compensation from the airline.

According to the ANAC 400, these services are as follows:

• 1-hour flight delay – assistance for communication. If you have to wait 1 hour extra, the airline must give you access to internet or phone calls. So, you can get in touch with your relatives or friends, or anyone else whom you might want to inform about this flight cancellation / travel changes.
• 2-hour flight delay – free food. After 2 hours, you have a right to some kind of food and refreshments from airline. This as well must be arranged for free. Mostly you’ll be receiving a voucher for a meal or some snack, and drink.
• 4-hour flight delay – free accommodation + free transfer. But only if it’s happening during the night. And only if it is abroad / away from your home. If it’s your place of residence, you’ll be offered only free transfer.
• 4-hour flight delay – a new flight. If the delay is going to be 4 hours or more, you have a right to an alternative flight to your destination. The same applies both to domestic and international flights to or from Brazil.

Flight Disruptions: Most Popular Situations

1. Flight Delay in Brazil

You are flying to or from Brazil, and your flight has been delayed. 

Are you entitled to some sort of care from the airline? What about compensation? In short — yes, as you are protected by law. If your flight has been delayed for one hour, you are entitled to free phone calls or access to internet. 

If it’s a 2-hour delay, you are entitled to a free food or snacks, as well as refreshments. If it’s a 4-hour delay, you have a right to an alternative flight to your destination. If it’s a long delay during the night (at least 4 hours), you are entitled to free hotel stay and transfer to the hotel (+ back to the airport).

If you haven’t been offered the services you are entitled to, you can get compensation from the airline.

How to claim flight delay compensation in Brazil? It’s easy.

Read more below.

2. Flight Cancellation in Brazil

The airline has to inform you about flight cancellation immediately.

If your flight has been cancelled last minute, and you are stranded at the airport waiting for a replacement flight, you are entitled to the same services as you would in case of flight delay. Don’t forget that you always can choose between a new flight and full refund. Because you may not want to travel anymore.

If you haven’t been offered the services you are entitled to, you can get compensation from the airline.

3. Denied Boarding in Brazil

If you have been involuntarily denied boarding, you have a right to care.

It does apply only to boarding denials due to overbooking.

If you have to wait at the airport for one hour, you are entitled to free phone calls or access to internet. If it’s a 2-hour delay, you are entitled to a free food or snacks, and refreshments. If it’s a long delay during the night (at least 4 hours), you are entitled to free hotel stay and transfer to the hotel (+ back to the airport).

If you haven’t been offered the services you are entitled to, you can get compensation from the airline.

How Can You Get Brazilian Flight Compensation?

Compensation regulations in Brazil work differently than the ones in Europe.

Unlike the EU and UK compensation, flight compensation in Brazil is paid when the airline fails to provide you with care. Because you have a right to receive care when you are stranded at an airport in Brazil, or when waiting for a flight to Brazil. You can’t get compensation if the airline provided you with all the necessary services. 

Did the airline fail on providing any of the services?

You may get compensation.

You can get compensation for old flights, too.

You can file a claim if your flight was:

• Within the last 5 years – for domestic flights;
• 2 years – for international flights.

How Much Can You Claim in Brazil?

Unlike its European counterparts, ANAC 400 does not specify the amount of compensation you can get. It does specify only the maximum amount of compensation. You may get up to €1,500 per passenger.

The amount of compensation depends on the situation. 

How to Claim Brazil Flight Compensation?

There are two options.

You can do it on your own. You can contact the airline, and request a compensation for flight delay, cancellation or boarding denial.

Or, you can work with a flight compensation company. At the moment, your best bet would be AirHelp. They are a market leader in Brazilian flight compensation claims. With them, it’s super simple, quick, and — if it doesn’t work out — you don’t pay anything for their legal services. So, it’s also safe.

Has your flight from, to, or within Brazil ever been cancelled or delayed? Did the airline offer you assistance at the airport? Did you receive Brazilian flight cancellation compensation? Did you know of ANAC 400? Brazil’s flight compensation regulation?

Featured photo by Rafael Quaty.