How Much Can You Claim for a Disrupted Flight?

How much is the flight compensation in Brazil?

It depends on the flight. There are 3 regulations that may apply to your flight – ANAC 400 (Brazilian regulation), EC261/2004 (EU and EEA regulation), UK261 (UK regulation). If you are flying on EU, EEA or UK airline, you are protected by European laws, no matter the destination. If it’s a flight departing from Europe, you are protected by European laws even if you are flying with a non-European airline.

Below we go more into details. It’s actually very simple.

European compensation laws are different than those in Brazil. In Europe, you are protected more as a passenger. The compensation amounts are specified in the law. And there are more situations when you are entitled to flight compensation from the airline. It’s worth knowing the difference.

ANAC 400, the Brazilian flight compensation regulation, is less specific. It doesn’t specify compensation amounts. There’s a maximum amount, and each compensation will depend on individual situations.

ANAC 400: How Much Is the Compensation for Flight Delay or Cancellation?

You may get up to €1,500 per passenger.

It’s the maximum amount. There are no specific compensation amounts according to the distance and length of the flight, as there is in Europe. The compensation will depend on each passenger’s circumstances and several factors such as the distance of the flight, the reason why the flight was delayed and the type of services that weren’t offered.

The maximum compensation amount (€1,500) is the same in all situations, whether it’s a flight delay, flight cancellation or denied boarding due to overbooking.

• applies to all flights to, from and within Brazil
• all domestic flights within the last 5 years
• all international flights within the last 2 years

EU/UK 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 flight delay compensation. And, in this case, there are more situations when you can receive compensation from the airline because EU/UK compensation laws are different than those in Brazil. You are entitled to compensation even if you have received care from the airline (food, refreshments, hotel, transfer).

When you are entitled to EU/UK flight compensation?

• If you have arrived at your destination 3 or more hours later;
• If your flight was cancelled last minute — less than 14 days before the date of departure;
• If your flight has been overbooked, and you have been denied boarding because of that.

However, conditions apply to qualify for compensation:

• Flight disruption must be due to the airline’s fault (including technical problems, staff strikes and staff shortage).
• The flight departs from a European airport, or lands in European airport.
• If you are flying from a country outside Europe (EU, EEA or UK), your flight must be operated by a European airline. So, if it’s a flight from Brazil, it must be with a European airline, for this law to apply to it.

If a flight was delayed or cancelled due to extraordinary circumstances, you won’t be entitled to compensation from the airline, no matter how long are you stuck at the airport. But – you will still have a right to care.

Your Flight Departed From Brazil?

If it’s European airline, you are protected by EU and UK law, and ANAC 400.

If it’s a non-European airline, you are protected only by ANAC 400.

Your Flight Lands in Brazil?

If the flight departs from a European airport, you are protected by EU and UK law, and ANAC 400. If the flight departs from somewhere else, you are protected only by Brazilian ANAC 400.

All you have to do is to make a claim for compensation. You can do it on your own or via a flight compensation company such as AirHelp.

When we say Europe or European, we mean EU, EEA or UK. This is done for the simplicity, since the according laws in these countries are about the same. You have about the same rights in these countries.

Flight Compensation Amount in the EU/UK/EEA (Europe)

In the EU/EEA/UK, you are entitled to compensation of up to €600 for your disrupted flight. In most cases, you can claim between 250€ and 600€. The amount depends on the distance of the flight.

Here are the compensation amounts:

• €250 – for flights less than 1500 kilometres.
• €400 – for flights between 1500 – 3500 kilometres.
• €600 – for flights beyond 3500 kilometres.

These compensation amounts are the same in all situations, whether it’s a flight delay, cancellation or denied boarding.

How to Claim Flight Compensation?

Generally speaking, there are two options.

Most people choose one of these options.

Number one — you can do it on your own. You can contact the airline, and request a compensation for flight delay or cancellation. You can do so, when experiencing a flight delay, overbooking or flight cancellation in Brazil, or in some other country. It’s the most straightforward option.

Number two – you can work with a flight compensation company. At the moment and with Brazilian flights, 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 any of your flight to or from Brazil ever been cancelled or delayed? Were you eligible to Brazilian flight delay compensation / Brazilian flight cancellation compensation?