This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

Do I Have Rights to Claim Compensation for a Flight Delay in Brazil?

Question from Lu, Do I Have Rights to Claim Compensation for a Flight Delay in Brazil?

Answer from AI:

In Brazil, the rights of air passengers are protected by the Brazilian Civil Aviation Authority (ANAC) and the Consumer Defense Code. These regulations stipulate that airlines are responsible for providing assistance to passengers in the event of flight delays, regardless of the cause of the delay.

What are the Rights of Air Passengers in Brazil?

According to ANAC Resolution No. 400/2016, airlines are required to provide material assistance to passengers in the event of flight delays. This includes:

  • Communication (internet, calls) after 1 hour of delay
  • Meals, in a reasonable manner and according to the time of day, after 2 hours of delay
  • Accommodation or lodging, and transportation to the place of accommodation, if necessary, after 4 hours of delay

These rights apply regardless of the reason for the delay, including inclement weather.

Can I Claim Compensation for a Flight Delay in Brazil?

Yes, you can file a claim against the airline for failing to provide the required assistance during the delay. You can claim for the direct expenses you incurred as a result of the delay, such as meals, transportation, and accommodation.

Can I Claim for Moral Damages?

In addition to material damages, you may also be able to claim for moral damages. However, this is more complex and typically requires proof of distress or suffering that goes beyond the normal inconvenience of a delay. It’s important to note that each case is unique and the outcome can depend on various factors.

How to File a Claim?

To file a claim, you can:

  1. Contact the airline directly and request compensation
  2. If the airline does not resolve your complaint, you can file a complaint with ANAC
  3. If the issue is still not resolved, you can take the matter to the Consumer Protection Agency or the courts

It’s recommended to consult with a legal professional for personalized advice on your situation. They can guide you through the process and help you understand what you can claim for.

For more information, you can refer to the ANAC’s guide on passenger rights and the Brazilian Consumer Defense Code.

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