Denied Boarding Flying to Brazil?

Denied boarding when flying to Brazil?

Are you entitled to compensation? Are you entitled to receive care or material assistance from the airline. According to ANAC 400, you have a right to care and, in some cases, to denied boarding compensation.

Keep in mind that not always you will get compensation for denied boarding. But there are certain situations when you can.

Read on to learn more.

Denied Boarding: Things You Need to Know

What are the situations when passengers are denied boarding?

You can be denied boarding if:

• Your flight is overbooked;
• Your passport is about to expire;
• You don’t have a visa;
• You don’t have an onward/return ticket;
• You don’t meet other requirements.

In most of these situations, you are not entitled neither to a compensation, nor the right to receive care from the airline. There is only one situation when you could get compensation and care from the airline — it’s when your flight has been overbooked. Conditions apply though. More on this below. 

Voluntary vs Involuntary Denied Boarding

There are two types of denied boarding:

• Voluntary — you can’t get compensation;
• Involuntary — you can get compensation.

It is very important to know the difference between voluntary and involuntary denied boarding. If you want to receive compensation for the overbooked flight, it has to be involuntary denied boarding.

What is the difference between the two?

• 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 denied boarding is when you are not given a choice / or if you don’t agree to that.

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.

If it was voluntary denied boarding, you are entitled to receive care (food, drinks, hotel accommodation and transfer), according to the length of the delay. And, of course, a new flight.

What if You Have Been Denied Boarding: Step by Step Guide

You have a valid ticket, and your passport and your visa is in order.

But you are still denied boarding. It happens quite often. Airlines sell more tickets than there are seats on the plane. This is called ‘overbooking’. When a fight is overbooked, some passengers are denied boarding. If your flight is overbooked, you could be the unlucky one.

What should you do if you are denied boarding?

1. Are you being asked to give up your seat? If you agree to that, you the airline will book you on the next available flight. The airline might give you some other perks such as a free hotel stay, miles, coupons, etc. Do you have to agree to all of this, and be voluntarily denied barding? No, you don’t have to do this, unless you want to.
2. You have declined the offer, or you were involuntarily denied boarding? You won’t be getting on that flight. Contact the airline’s representatives or ask the staff at the boarding gate/check-in counter for information. 
3. You will be directed to the airline’s office or ground services office to get a new flight ticket. Often these offices are located at the public access area of the airport. Ask for directions, in you are at the airside zone of the airport, and don’t know how to get back to the public access zone.
4. The staff at the office will issue you a new ticket and tell you what should you do next.
5. While you wait for your new flight, you are entitled to receive care from the airline — certain services in accordance with waiting time. These services have to be provided for free. 
6. Ask for a meal coupon if the wait is 2 or more hours.
7. If there’s a long wait (more than 4 hours) during the night, you are entitled to a free hotel stay and a free transfer to the hotel (and back to the airport).
8. Arrive in time for your new flight.

Right to Care

It doesn’t matter if it was voluntary or involuntary boarding, you are entitled to right to care. 

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.

Denied Boarding Compensation in Brazil

Can you claim compensation?

According to regulations in Brazil, the airline has to pay compensation in case of involuntary denied boarding. 

If you have agreed to it (voluntary denied boarding), 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.

How much can you get?

If it’s an international flight, you may get up to €600 per passenger.

If it’s a domestic flight, you may get €300.

You can claim compensation yourself (by contacting the airline). Alternatively, 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.

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?

Featured photo by Terrence Bowen