Let’s talk about Brazil denied boarding compensation.
Have you been denied boarding in Brazil? To a flight departing from Brazil, or a flight arriving in Brazil? In any case, according to the ANAC 400, you may be entitled to denied boarding compensation from your airline. If you have been denied boarding due to overbooking or the change of aircraft, and you haven’t agreed to that, file a claim for compensation.
The regulation also apply to domestic flights in Brazil.
Read on to learn more about your rights.
Brazil Denied Boarding Compensation (ANAC 400)
So, what are your rights in Brazil?
What are your rights in case of denied boarding?
1. What Happens if You Are Denied Boarding in Brazil?
First of all, these rules apply to all Brazilian flights.
This means — flights to Brazil, flights from Brazil, and domestic flights.
If you are denied boarding on such a flight, the airline has take care of you. If you have been denied boarding, you are entitled to certain services for free. If it wasn’t a voluntary denied boarding, the airline also must pay flight compensation.
According to the regulations in Brazil, if you have been denied boarding against your will (and if it wasn’t your fault), the airline must:
- Offer certain services at the airport free of charge (food, drinks, hotel accommodation and transfer), according to the length of the delay. You have a right to care from the airline.
- Offer a choice between a new flight and full refund – in case of a long delay.
- Pay compensation – only in case of involuntary denied boarding.
Similar like when flight is delayed or cancelled.
In Brazil, air passenger rights are regulated by ANAC 400 (“Resolution No. 400”). It’s the Brazilian flight compensation law. It’s similar to European flight compensation regulation EC 261/2004 and Regulation UK261 in the UK. These rules apply to all airlines.
2. Voluntary vs Involuntary Denied Boarding
Only involuntary denied boarding counts.
Only then you can get compensation from airline.
What’s the difference between voluntary and involuntary denied boarding? Well, it’s self-explanatory. Voluntary denied boarding is when you accept the airline’s offer to travel later, on a different flight, or not to fly at all. Involuntary boarding is when you aren’t even given a choice / or if you don’t agree to that.
When a flight is overbooked (more tickets sold than there are seats, and too many people come to flight), or the airline has to change the plane to a smaller one, this often results in denied boarding. Someone is denied boarding. First, the airline usually looks for volunteers. The volunteers are usually given a new flight, vouchers, or travel credit, or some other sort of compensation and perks. If you agree to any of that, you are not entitled to compensation from the airline.
If you haven’t given a choice (or you haven’t agreed to that), and you are denied boarding, the airline must pay denied boarding compensation (Brazil, UK, EU, all have similar rules regarding denied boarding).
This applies only to overbooking!
If there are issues with your visa or passport, and you have been denied boarding because of that, you can’t get compensation. In the rest of. the situations, you can file a claim for denied boarding compensation.
3. What Does Assistance at the Airport Mean? What Exactly Can You Receive?
If you have to wait extra, you are entitled to receive certain services.
The services are provided for free, according to the period a passenger has to wait at the airport. The longer you have to wait at the airport, the more you could be receiving from your airline — for this inconvenience.
Here is what you have right to:
- 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.
- 2-hour flight delay – free food. After 2 hours, you have a right to some kind of food and refreshments from airline.
- 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.
- 4-hour flight delay (overnight) – free accommodation + free transfer. If it’s your place of residence, you’ll be offered only free transfer. If you are abroad, or in a city that isn’t your hometown, you should also be offered free hotel stay and a two-way transfer.
4. Can You Claim Compensation for Denied Boarding in Brazil?
Only if it was involuntary denied boarding.
If you have agreed to it, or there were problems with your travel documents, you can’t get denied boarding compensation.
You can get compensation if your flight was:
- Within the last 5 years – for domestic flights;
- 2 years – for international flights.
Yes, you can get compensation for old flights too.
5. How Much Can You Claim for Denied Boarding in Brazil?
If it’s an international flight, you may get up to €600 per passenger.
If it’s a domestic flight, you may get €300.
EU Flight Compensation Regulation (in Brazil)
On some flights you are protected by the EU/UK laws, too.
If your flight departed from the EU, EEA or UK, you may be entitled to EU/UK denied boarding compensation. And, in this case, it is easier for you to get denied boarding compensation from the airline — simply because you have several laws to refer to. When a flight is from the EU, EEA, UK, European laws apply to all airlines.
With European airlines, European laws apply also to flights departing from Brazil.
You only have to make a claim for compensation.
You can do it on your own or via a flight compensation company.
How to Claim Brazil Denied Boarding Compensation?
There are two best options that you have.
- You can do it on your own. You can contact the airline, and request a compensation for denied boarding.
- 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.
Have you ever been in a situation like this? Have you beed denied boarding in Brazil or on your way to or from Brazil? Did the airline offer you assistance at the airport? Did you receive Brazilian denied boarding compensation?
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