Extraordinary Circumstances?

Your flight was delayed or cancelled due to extraordinary circumstances.

What does that mean for you as a passenger? Are you entitled to compensation in this case? What about the right to care? In short — this means you can’t get compensation from the airline in Brazil (or in any other country at the moment). It wasn’t their fault that your flight was delayed or cancelled. At the same time, you still have a right to receive care from the airline.

This applies both to domestic flights and international flights to Brazil. 

What Are Extraordinary Circumstances?

When it comes to air passenger rights and air travel, extraordinary circumstances are events that are outside of the airline’s control. Both European and Brazilian flight compensation regulations talk about them.

They are also called unforeseeable circumstances.

Examples of extraordinary circumstances:

• Serious adverse weather conditions;
• Security risks;
• Terrorism threat;
• Air traffic control;
• Some strikes, mostly airport staff strikes or air traffic control strikes;
• Hidden manufacturing defects;
• Political unrest;
• Medical issues.

If your flight is delayed or cancelled due to any of these reasons, you are not entitled to flight compensation from the airline, not in Brazil, not elsewhere in the world. We’ll elaborate more on that below.

Flight Delayed or Cancelled Due to Extraordinary Circumstances

Flight delayed or cancelled due to extraordinary circumstances?

Are you entitled to compensation?

The short answer is no. The airline is not responsible for the delay or cancellation of the flight if it was disrupted due to extraordinary circumstances. Unlike it is in case of technical problems and other issues that are within the airline’s control.

When your flight is delayed or cancelled due to technical issues, staff shortages or other issues that are within the airline’s control (also called foreseeable circumstances), the airline is responsible for the delay/cancellation, and the affected passengers. You are entitled to right to care, and if not provided, flight compensation.

If your flight was delayed or cancelled due to extraordinary circumstances, the airline is no longer responsible. The airline doesn’t have to pay compensation if the events are outside of the airline’s control. 

However, you still have a right to care and a right to information.

And it’s also important to remember, that the airline may be hiding the real reason behind the flight delay or cancellation. If you file a claim for compensation through a flight compensation company, they usually do their own investigation, to double-check the information.

Extraordinary Circumstances: Right to Care from Airline in Brazil (FOR FREE)

If your Brazilian flight is delayed or cancelled, or if you have been denied boarding due to overbooking, you have a right to assistance from the airline. The rules are very specific, and they are regulated by ANAC 400.

There are specific guidelines regarding assistance. This is what you are entitled to from the airline, if you have to wait at the airport:

• 1-hour 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 delay – free food. After 2 hours, you have a right to some kind of food 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 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.

Haven’t received any of these services? Contact your airline.

You are entitled to this even if your flight was delayed or cancelled due to extraordinary circumstances. If you are stuck at the airport — no matter the reason — you have a right to care.

Right to Information

You have a right to receive care from the airline. Great!

But first and foremost — you have a right to information. The airline must inform you about the flight status and inform you about the new departure time. You should be receiving updates from the airline every 30 minutes or more often. Most likely this is going to be a regular airport announcement. So, make sure to pay attention to them.

It also applies to situations when your flight was cancelled last minute. The airline has to inform you about flight cancellation immediately. Also it has to give information about the next available flight, and issue you a new ticket free of charge.

In Which Situations Are You Entitled to Compensation?

OK, we have discussed the situations in which you are not entitled to compensation. But when you are entitled to compensation? What if your flight was delayed or cancelled due to technical problems or staffing shortages? Can you get compensation then?

As you might now already, unlike the EU and UK compensation, flight compensation in Brazil is paid only when the airline fails to provide you with care. If your flight was delayed or cancelled, or you have been denied boarding, and the airline failed to provide you with care (i.e. certain services, mentioned above), it has to pay compensation to affected passengers. Unless your flight was delayed or cancelled due to extraordinary circumstances.

So, here are a few examples of situations when you are entitled to flight compensation in Brazil:

• Your flight is delayed/cancelled due to technical issues (e.g., problems with the engine, problems with the air condition system, etc.);
• Your flight is delayed/cancelled due to problems with the airline’s computer system;
• Your flight is delayed/cancelled due to staffing shortages;
• Your flight is delayed/cancelled due to airline staff strike;
• You have been involuntarily denied boarding due to overbooking.

Has your flight been delayed or cancelled due to extraordinary circumstances? What was your experience? Was it a long delay? 

Featured photo by Luis Felipe Alburquerque Briganti