Whenever flights are cancelled or delayed, it can be frustrating and inconvenient for passengers. However, the European Union has a regulation 261/2004 that helps protect passengers in such situations. According to EU 261, if your flight is delayed or cancelled, the airline has to provide you with compensation and assistance.
Passenger Rights Under EU 261/2004
The EU 261 is the regulation that deals with the rights of air passengers. In particular, this law covers different situations, including rebooking, delays, flight cancellations, etc., and requires airlines to handle individual cases with fairness and care. If the incident happens due to the airline’s fault, any traveler who experienced certain inconveniences is entitled to receive compensation. Furthermore, passengers can receive certain benefits, which we will discuss further in the article.
Right to Compensation
The EU 261 contains regulations concerning the process of compensation, including assistance to travelers experiencing issues with flights. In particular, the amount of compensation you can be eligible for is up to 600 euros per person. This sum ranges, based on your circumstances.
Compensation for LATAM Airlines Brasil Flight Cancellation
First and foremost, travelers should be aware that the airline must inform them about the cancellation of their flight. In case the airline informs you under fourteen days before your scheduled departure and does not offer any alternative flight, the airline, according to the EU 261, is obligated to compensate you compensation of 250 – 600 euros.
At the same time, if a passenger is offered an alternative flight but arrives at his destination later than the original flight was supposed to, the passenger could be eligible for compensation. The table below shows the airline’s obligations depending on the length of the delay:
| 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 |
Compensation for LATAM Airlines Brasil Flight Delay
When a flight is delayed for 3+ hours, the airline is obligated to provide compensation. If the flight is delayed for five or more hours, the passenger is entitled to a ticket refund or another flight to the final destination.
Furthermore, in such situations, the airline is also required to provide a passenger with refreshments, meals, and accommodation. See key information about compensation in the table below:
| 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 |
Right to Care
Right to Care pertains to a specific aspect of European Union Regulation 261/2004, which sets out standard rules on compensation and assistance for travelers in cases of flight cancellations, long delays, or denied boarding.
The “Right to Care” under EU 261 obliges airlines to provide certain services and assistance to passengers facing significant delays or cancellations. These include:
- Snacks and beverages appropriate for the waiting time
- Hotel accommodation if an overnight stay becomes necessary
- Transport between the airport and the place of accommodation
- Two free phone calls, emails, or faxes
Upgrading and Downgrading
When a passenger receives an alternative flight, it is important to know about upgrading and downgrading the flight’s class.
In situations, when the airline provides you with a higher class (for instance, you booked Economy but were upgraded to Business class), you will not have to pay extra for this upgrade.
Regarding downgrading in class (if you had a Business class flight, but were downgraded to Economy), you are entitled to get reimbursement. In this case, it’s important to note that the amount of compensation fully depends on the distance of a flight:
- 30% of the flight tickets cost for a 1,500 km distance or less;
- 50% of the flight tickets cost (specifically, for intra-EU flights that are over 1,500 km and all other flights with a 1,500 km and 3,500 km distance;
- 75% of the ticket price for flights with a 3,500+ km distance.
Consider that these rights apply to every flight within the European Union, as well as flights departing from or arriving in the European Union operated by airlines based in the EU.
When Are You Not Entitled to Compensation?
Unfortunately, there are situations, when passengers won’t get compensation for cancelled or delayed flights. Particularly, we refer to extraordinary circumstances that are beyond the airline’s control. A few examples are as follows:
- Bad weather conditions and natural disasters;
- Political circumstances (related security risks, terrorist attacks);
- A collision of the aircraft and foreign objects (birds, for instance);
- Unruly or very ill passengers;
- Strikes (that are not caused by the airline’s crew).
In addition, if the airline might have been able to do something to prevent issues regarding the flight and failed to handle the situation, you might be entitled to compensation.
Which Flights are Covered by EU 261/2004?
European Union Regulation 261 covers all flights departing from European Union airports. It also applies to flights arriving in the EU if the airline originates in the EU. This includes airlines from EU countries as well as Iceland, Norway, and Switzerland.
However, LATAM Airlines Brasil is not a European airline. Consequently, they don’t have to pay compensation if their flights operate outside of the European Union. This is true even for their flights to the European Union if they start outside the EU.
| Itinerary | Covered by EU 261 |
| Flights departing from the EU airports | ✔️ Yes |
| Flights arriving at the EU airports | ❌ No |
How to Claim LATAM Airlines Brasil Compensation
Flight cancellation or delay is an unpleasant situation that can not only upset you but also ruin all your travel plans. Those who are unlucky enough to face a flight cancellation or delay should know exactly how to claim compensation. To apply for compensation, follow these steps:
- Fill in our form. You’ll need to provide details like your flight number, date, and the issue you encountered.
- Let our experts help you. Once you submit the form, our team will handle the rest. We know the EU laws thoroughly and will do our best to get you your compensation. You only pay us if we win your case.