The holiday season also has many headaches with delayed or canceled flights – know your rights
The beginning of the year is always the same: crowded airports, threats of strikes, delayed or canceled flights. In the midst of all this, how is the passenger? Angry, of course. But not for this without rights.
The first step in the event of a flight delay or cancellation, regardless of location, is to gather information and keep your boarding pass and all travel documents.
How the passenger should proceed
The passenger must keep copies of all information provided by the airline regarding the problem, receipts for items purchased due to the problem and the time of arrival at the destination.
If you have chosen to refuse the alternative flight offered by the company, the passenger is entitled to a full refund of the ticket and expenses deriving from the delay or cancellation, such as food, accommodation or replacement of lost baggage.
“Guaranteeing access to communication, food and lodging are other obligations of the areas. But the amount of compensation can vary depending on the origin and destination countries of the flights, which can raise doubts among passengers,” explains Luciano Barreto, general manager of AirHelp in Brazil, a company specializing in air passenger rights.
“Despite the numerous inconveniences that can occur even before boarding or when baggage is collected at the destination, many people do not seek guidance or help from airlines due to lack of knowledge. The idea of the guide is to offer a set of information that helps solve problems, including the most recent cases related to the pandemic ”, she adds.
AirHelp itself made the Guide to air passenger rights. It is a simple, didactic and practical manual, with information, basic assistance and compensation procedures when the flight does not go as planned.
What if the passenger is in another country?
In regions such as Brazil, the European Union, the United Kingdom, Canada and the United States, general rules apply to flights departing from or traveling within their territories. The 1999 Montreal Convention stipulates that flights between the 130 signatory countries are also covered by the rules, such as tickets remaining valid after overbooking and compensation amounts of US$7,000 for delays and cancellations and US$1.7 mila for problems with luggage.
What to do if there are problems with luggage?
There are three most common cases that can generate compensation for passengers:
- • Damaged baggage: the compensation relates to the cost of repairing or replacing the damaged items and must be requested within 7 days;
- • Delayed baggage: the passenger must be compensated to cover the cost of the replaced items. The request must be made within 21 days of receipt of the baggage;
- • Lost baggage: compensation must cover the cost of the lost items and must be claimed within 2 years of the loss.
“The first thing to do when you don’t find your belongings is to report them directly to the lost baggage desk. When you open this ticket, a member of staff will take your flight details and ask you for a description of your baggage. This Baggage Irregularity Card serves to prove the loss and must be requested immediately”, points out Luciana Roberto di Berardini, lawyer specialized in Consumer Law and partner of Berardini Sociedade de Advogados.
The lawyer points out that each airline decides the amount of the refund. However, no one calculates the inconvenience caused to the passenger, who usually has to bear the extra expenses that have become necessary due to the loss.
“My advice, in these cases, is to keep all receipts and invoices, including the airfare, so that these amounts can be claimed in a future lawsuit filed for moral and material damages,” he comments.
And now, compensation or refund?
In order to assert rights, it is important to understand the difference between a refund, when the airline cannot operate the flight due to cancellation or rescheduling and the passenger chooses not to use an alternative flight. This request can be made directly with the company.
Compensation applies to compensation owed by the airline for inconvenience caused by delay, cancellation or baggage problems.
Values vary by region. In Europe, for example, compensation is capped at €600, while in Brazil the decision is taken by the court. According to the AirHelp Guide, the two cases don’t necessarily cancel each other out.
“In Brazil there is a jurisprudence on non-pecuniary damages in cases of lost baggage lasting more than 72 hours. The amount of compensation varies, reaching up to R$ 10,000. It is worth mentioning that for international flights the legislation is different and, therefore, the coverage is different. Therefore, it is always advisable to contact a lawyer to understand how to proceed correctly and to have your rights guaranteed”, concludes Luciana di Berardini.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
