LATAM Airlines Brasil Compensation and Reimbursement for Cancelled and Delayed Flights

Whenever flights are delayed or cancelled, it can be frustrating and inconvenient for passengers. However, the European Union has a regulation 261 that helps protect passengers in these situations. According to EU261/2004, 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 covers air passengers’ rights. Specifically, this law covers different situations, including rebooking, delays, flight cancellations, etc., and obligates airlines to handle individual cases with care and fairness. If the incident happens as a result of the airline’s fault, any passenger who underwent certain inconveniences has a right to receive compensation. Furthermore, passengers may be entitled to certain benefits, which we will discuss further in the article.

Right to Compensation

European Union Regulation 261 encompasses rules concerning the process of compensation, including assistance to people who suffered from air travel disruptions. In particular, the amount of compensation you can be eligible for is up to 600 euros per person. This sum varies, based on your circumstances.

Compensation for LATAM Airlines Brasil Flight Cancellation

First and foremost, travelers need to know that the airline must inform them about the cancellation of their flight. If the airline notifies you less than fourteen days before your scheduled departure and does not offer any alternative flight, the airline, according to the EU 261/2004, must pay 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 might be eligible for compensation. The table below shows the airline’s obligations according to 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 5 hours or more, the passenger can expect 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 on 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 refers to a specific aspect of EU Regulation 261/2004, which establishes standard rules on compensation and assistance for travelers in the event of flight cancellations, long delays, or denied boarding.

The “Right to Care” under EU261/2004 obliges airlines to provide certain assistance and services to passengers facing significant delays or cancellations. These include:

• Meals and beverages appropriate for the waiting time
• Hotel accommodation if an overnight stay becomes necessary
• Transport between the airport and the place of accommodation
• Emails or faxes and two free phone calls

Upgrading and Downgrading

In situations where a passenger receives an alternative flight, it is helpful to understand upgrading and downgrading the flight’s class.

In cases, when the airline provides you with a higher class (for example, you booked Economy but were upgraded to Business class), you won’t have to pay additional fees for this service.

Regarding downgrading in class (if you had a Business class ticket, but were downgraded to Economy), you are entitled to get reimbursement. Here, 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.

Be aware that these rights apply to any flights inside the European Union, as well as flights departing from or arriving in the European Union by airlines based in the EU.

When Are You Not Entitled to Compensation?

Unfortunately, there are cases, when passengers won’t get compensation for cancelled or delayed flights. Particularly, we refer to extraordinary circumstances that are not within 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).

Moreover, if the airline might have been able to do something to prevent problems with the flight and failed to handle the situation, you may be eligible for compensation.

Which Flights are Covered by EU 261/2004?

European Union Regulation 261 covers all flights departing from airports in the EU. It also covers 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.

Nevertheless, LATAM Airlines Brasil is not a European airline. Consequently, they aren’t required 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 delay or cancellation should be aware of the process to seek compensation. To apply for compensation, follow these steps:

1. Complete our form. You’ll need to provide details like your flight number, date, and what went wrong.
2. Let our experts help you. Once you submit the form, our team will manage the process. We know the EU laws well and will strive to get you your compensation. You only pay us if we win your case.

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