Compensation and Reimbursement for LATAM Airlines Brasil Strike

Yurii Semikopenko
04.09.2024

Flight cancellations or delays due to an airline strike can seriously disrupt travel plans. Fortunately, in many cases, passengers are covered under EU261/2004 regulation. This regulation defines the rules for assistance and compensation to passengers during airline strikes. In this article, we will look at passenger rights and how to claim compensation from the airline.

When Are You Entitled to LATAM Airlines Brasil Strike Compensation?

EU Regulation 261/2004 protects passengers affected by airline strikes. This regulation obliges the airline to issue compensation in the event of a standard crew strike and a “wildcat” strike. These labor disputes are considered part of operational issues, as a result, the airline is responsible for them.

It is important to understand that the situation with compensation is complex. Certain strikes may fall under the “extraordinary circumstances” exception. These include strikes by baggage handlers, firefighters, ground staff, etc. In the event of disruptions resulting from these ground crew members, the chances of getting compensation may be significantly reduced. It is crucial to determine exactly which crew is involved in the strike. This directly affects your eligibility for compensation.

Flight Cancellation Compensation

In cases of flight cancellation due to a strike, the airline must notify passengers of the cancellation at least 14 days before the scheduled departure. If the airline doesn’t inform you during the specified period, it is obliged to pay compensation to passengers in the amount of up to 600 euros.

It is crucial to note that the airline is not obligated to pay compensation by providing you with an alternative flight to your final destination. However, if the alternative flight results in a later arrival at the final destination, passengers may be entitled to compensation. The amount of compensation is based on the duration of the delay and the distance of the flight, as displayed in the table:

Under 2 hours2-3 hours3-4 hoursOver 4 hoursNever arrivedDistance
€125€250€250€250€250All flights 1,500 km or less
€200€200€400€400€400Internal EU flights over 1,500 km
€200€200€400€400€400Non-internal EU flights 1,500 km- 3,500 km
€300€300€300€600€600Non-internal EU flights over 3,500 km

Flight Delay Compensation

According to the EU261/2004 regulation, if your flight is delayed and you reach your final destination more than 3 hours later than scheduled, you are eligible for compensation of up to €600 per passenger. It’s crucial to understand that the duration of the delay depends solely on when you arrive at your final destination, not on how late the plane departed.

The amount of compensation depends on the distance of the flight and the duration of the delay:

Less than 3 hoursBetween 3-4 hoursOver 4 hoursDistance
€0€250€250All flights up to 1500 km
€0€400€400All flights between 1500 km and 3500 km
€0€400€400All intra-EU flights over 3500 km
€0€300€600All non-EU flights over 3500 km

Requirements for LATAM Airlines Brasil Strike Compensation

When a travel disruption occurs, passengers could be eligible for compensation, but certain criteria must be met. It is important to understand these requirements to effectively manage the compensation process:

  • Your flight must be covered by the EU261/2004 regulation. This applies to all flights departing from EU airports, regardless of the airline. It also covers flights arriving in the EU, but only when operated by an EU-based airline.
  • A flight cancellation or delay has significantly disrupted your travel plans. This means your flight was delayed by 3 hours or more at the final destination, or it was cancelled with fewer than fourteen days’ notice before the scheduled departure.
  • You are required to have a confirmed reservation and be prepared to travel. This includes having a valid booking and all necessary travel documents prepared (passport, visas).
  • You need to get to the airport on time. Complete check-in within the time specified by the airline. If no time is given, arrive at least 45 minutes before the scheduled departure to stay eligible for compensation.

If you believe you meet these criteria following a LATAM Airlines Brasil strike, it’s advisable to document your experience thoroughly and communicate directly with the airline about your compensation claim. Knowing your rights and responsibilities is the first step in potentially obtaining compensation for an airline strike.

How to Claim LATAM Airlines Brasil Strike Compensation

Dealing with flight delays or cancellations due to strikes is always frustrating. This can not only ruin your trip but also create problems – emotional, financial, etc. To seek compensation for this inconvenience, follow these steps:

  1. Fill in our form. You’ll need to provide details such as your flight number, date, and the issue you encountered.
  2. Let our experts help you. Once you submit the form, our team will take over. We are well-versed in the EU laws thoroughly and will make every effort to get you your compensation. You are only charged if we win your case.

By following these steps, you’ll get the compensation you are entitled to under EU law.

Other Rights in Case of a Flight Strike

In addition to compensation, passengers must know about certain services they can expect to receive from the airline in the event of a flight disruption. These services aim to reduce inconveniences and provide some comfort to passengers during delays or cancellations. Keep in mind that the services we are describing below fall under the airline company’s duty to care for each passenger.

Right to Care

If the flight delay is 2+ hours, the airline is obligated to provide affected passengers with certain services to alleviate discomfort. Some of the basic services include free beverages and meals. Additionally, the affected passengers have a right to make 2 phone calls and send faxes, or emails for free.

Rebooking or Refunds

If your flight is cancelled or delayed by more than five hours, you can request a full refund or an alternative flight to your final destination. These solutions offer some flexibility, which is great because you can choose what works best for you.

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