Passengers of LATAM Airlines who have experienced a flight delay or cancellation have a legal right to compensation. According to EU 261/2004, an airline is obliged to compensate passengers in case of a significant disruption. In this article, we will look at your rights and the actions you should follow to obtain the compensation you have a right to from the airline.
LATAM Airlines Flight Delay or Cancellation Compensation
Before claiming the LATAM Airlines compensation, you should be aware of the conditions and the amount of compensation you may expect to get in the event of delay or flight cancellation.
LATAM Airlines Compensation for Flight Delay
According to UK and EU laws, passengers are eligible for up to €600 in compensation per person if their flight is delayed. It’s important to note that this flight delay compensation is calculated using the flight’s landing time, not the departure time, so the key to your claim hinges on the actual time you reach your destination airport.
Here’s an overview of how much compensation you may receive if your flight is delayed. The amount of compensation depends on several factors, including the duration of the delay and the distance of your flight:
| Less than 3 hours | Between 3-4 hours | Over 4 hours | Distance |
| €0 | €250 | €250 | All flights up to 1500 km |
| €0 | €400 | €400 | All flights between 1500 km and 3500 km |
| €0 | €400 | €400 | All intra-EU flights over 3500 km |
| €0 | €300 | €600 | All non-EU flights over 3500 km |
Remember you may not always receive compensation for every flight delay. LATAM Airlines isn’t required to compensate passengers when extraordinary circumstances outside their control arise. This covers bad weather, airport issues, or a strike by air traffic controllers. In these cases, you will usually not be given compensation as it is not the airline’s fault.
LATAM Airlines Compensation for Flight Cancellation
European Union Regulation 261/2004 states that airlines must inform passengers of flight cancellations at least 14 days before the scheduled flight. If the airline fails to notify you in time, you might be eligible for flight cancellation compensation ranging from €250 to €600 per passenger, according to the distance of the flight. However, if the airline provides you with an alternate flight, it may avoid paying compensation for the cancelled flight if the following conditions are met:
| Advance Notice | Re-routing Requirements |
| 14 Days | None |
| 7 – 13 Days | Alternative flight departing no more than 2 hours before and arriving less than 4 hours after the original flight |
| Less than 7 Days | Alternative flight departing no more than 1 hour before and arriving less than 2 hours after the original flight |
Even when accepting a different flight, passengers retain their right to compensation if they still experience significant delays at their final destination. The amount of compensation is calculated based on two factors: the distance of the flight and the duration of the delay, according to the table below:
| Under 2 hours | 2-3 hours | 3-4 hours | Over 4 hours | Never arrived | Distance |
| €125 | €250 | €250 | €250 | €250 | All flights 1,500 km or less |
| €200 | €200 | €400 | €400 | €400 | Internal EU flights over 1,500 km |
| €200 | €200 | €400 | €400 | €400 | Non-internal EU flights 1,500 km- 3,500 km |
| €300 | €300 | €300 | €600 | €600 | Non-internal EU flights over 3,500 km |
LATAM Airlines is not obliged to compensate you if they offer an alternative flight that departs and arrives near the same time as your original flight. Additionally, you usually won’t receive compensation if the flight is cancelled due to circumstances beyond the airline’s control, such as bad weather or when airline staff goes on strike.
Are LATAM Airlines Flights Covered By EU 261/2004?
EU Regulation 261 covers all flights departing from European Union airports. It also applies to flights arriving in the EU if the airline is based in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.
Nevertheless, LATAM Airlines isn’t a European airline. Therefore, they are not obliged to pay you compensation if their flights operate outside of Europe. This is true even for their flights to Europe if they start outside the EU.
| Itinerary | Covered by EU 261 |
| Flights departing from EU airports | ✔️ Yes |
| Flights arriving at EU airports | ❌ No |
How to Claim Compensation from LATAM Airlines
If your travel plans have been affected by a flight delay or cancellation with LATAM Airlines, it’s essential to be aware that you might be entitled to compensation under EU laws. This is why it’s crucial to familiarize yourself with the process of claiming compensation. Here’s what you need to do:
- Fill in our form. You’ll need to provide details including your flight number, date, and what went wrong.
- Let our experts help you. Once you submit the form, our team will manage the process. We are well-versed in the EU laws comprehensively and will do our best to obtain your rightful compensation. You only incur a fee if we win your case.
These steps will help you file your claim quickly and improve your chances of receiving the compensation you’re owed. You may have plenty of time after your flight to make a claim, but it’s best to complete it as soon as you can while you still remember all the details.
What You Can Get Besides EU Flight Compensation
LATAM Airlines goes the extra mile to support passengers during travel disruptions by offering services that complement flight compensation.
Right to Care
When flight disruptions happen, LATAM Airlines is committed to ensuring passenger comfort through the Right to Care provision. The right, established under EU Regulation 261/2004, kicks in when flight delays exceed two hours. The services provided include:
- Meals and Refreshments: Passengers are provided with food and drinks appropriate to the length of delay. This may include vouchers for airport restaurants or direct distribution of snacks and drinks.
- Communication: LATAM Airlines offers two free phone calls, emails, or fax messages to keep passengers connected with family or business contacts.
- Accommodation: If the delay extends for the night or requires an additional stay, LATAM Airlines provides hotel accommodation. This also covers transportation between the airport and the hotel.
- Special Assistance: Extra care is given to passengers with reduced mobility or special needs.
To access these services, you can simply approach airline staff at the airport for instant assistance.
Rebooking and Refunds
When LATAM Airlines cancels a flight, passengers have the option to get a full refund or rebook on another flight. This flexibility is essential for minimizing travel disruptions and helping passengers to manage unforeseen circumstances successfully.
- Full Refund: if you request a refund, you can get full reimbursement for the parts of your trip that you didn’t use, including any tickets you only partly used. Also, if the cancellation means your trip no longer serves its original purpose, you may get a flight back to where you first started at the earliest chance.
- Rebooking: if you choose to continue your trip, LATAM Airlines shall provide rebooking on the next available flight to your destination. You also have the option to select an alternative route if there are seats available. If the next available flight is scheduled for the following day or later, LATAM Airlines shall arrange accommodation and transfers as necessary. Furthermore, you have the right to be rebooked, even in a higher class, at no additional cost to you if that’s the only available option.
It’s crucial to keep in mind some additional considerations. If you’re rebooked on a lower class than originally booked, you’re entitled to a partial refund of the cost difference. Furthermore, if your booking involves connecting flights, LATAM Airlines will assist in rebooking your entire journey, not only the cancelled segment.
Whether opting for a refund or arranging a new flight, the procedures are designed to make this process as smooth as possible, understanding the stress and inconvenience caused by cancellations.