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ANAC 400 and Brazilian Flight Compensation
ANAC 400 and Brazilian Flight Compensation
When you fly in Brazil, you’re covered by ANAC Resolution Nº 400, established by the Brazilian National Civil Aviation Agency. This regulation ensures you receive assistance in cases of flight delays, cancellations, or last-minute schedule changes. If you don’t receive the necessary support or encounter other travel issues, you can seek compensation under Brazil’s Consumer Code.
Flight compensation under ANAC 400
What is ANAC 400?
ANAC 400 is a regulation from Brazil’s National Civil Aviation Agency that protects passengers flying within the country. It outlines the rights passengers have when facing flight issues and specifies the level of care they should expect from airlines.
This regulation, officially known as ANAC Resolution Nº 400, clearly defines the responsibilities of airlines towards their passengers in cases of flight disruptions. It ensures that travelers receive the necessary assistance and support. If airlines fail to provide this care, you may be entitled to compensation of up to €1,500 (R$10,000) under consumer law in Brazil.
What compensation can you get?
Brazil recognizes that flight disruptions, such as delays and cancellations, can significantly impact passengers. When airlines fail to assist passengers during these situations, Brazil’s Consumer Code allows for compensation claims due to the inconvenience caused.
Being stranded in an unfamiliar city while trying to determine your next steps can quickly lead to unexpected expenses. These costs can add up not just for food and drinks, but also for accommodation and transportation if the situation worsens. Passengers often find themselves out of pocket after a flight issue. Brazilian law permits you to claim reimbursement for expenses like food, drinks, and transportation incurred due to a flight disruption, which are categorized as material damages.
Additionally, under Brazil’s Consumer Code, you may be entitled to seek compensation of up to €1,500 for what’s known as moral damages. Air travel is often crucial for reaching important events on time. Missing a loved one’s wedding, your own graduation, or valuable days of a long-awaited family vacation are experiences that can never be replaced. The law acknowledges that wasted time, missed opportunities, and poor treatment from the airline deserve compensation.
If you’ve been adversely affected by a flight disruption and believe you’re owed compensation for either material or moral damages, AioFlight can assist you in pursuing your claim and ensuring that airlines compensate you fairly for the inconvenience.
Delayed, canceled, or otherwise disrupted flight?
Flights and situations covered by Brazilian air passenger rights
Brazilian air passenger laws apply to:
Brazilian law provides protection for air passengers affected by flight disruptions beyond their control, such as delays and cancellations. However, if you miss your flight due to arriving late at the airport or if you choose to cancel your flight for a later one, these protections do not apply.
To easily determine your eligibility for compensation, you can use the AioFlight Eligibility Check.
What’s Not Covered: Extraordinary Circumstances
An important aspect of Brazilian aviation law is that it aims to balance fairness for both passengers and airlines. When a delay is caused by the airline, such as due to staff shortages or technical issues, the airline is clearly responsible for compensating affected passengers.
However, when delays result from extraordinary circumstances—such as air traffic control strikes or severe weather—airlines are generally not held liable. In these cases, while passengers are still entitled to assistance, compensation for the disruption is not typically required.
There is one key exception: if an airline neglects its duty of care during extraordinary circumstances, they may still be liable. Since these situations are often predictable, airlines are expected to have contingency plans in place. If you believe that an airline failed to meet its responsibilities despite such circumstances, AioFlight can assist you in pursuing a claim for compensation.
Right to information
When your flight is delayed, airlines are required to promptly notify you of the situation. They must provide information about the new expected departure time and continue to update you on any changes to that time every 30 minutes.
If you need further clarification, you can also request a written explanation regarding the cause of the delay. Ensuring that you are informed and updated is a crucial part of the airline’s duty to its passengers.
In certain situations, air passengers may be eligible for compensation under EC 261 for disrupted flights outside the EU, such as flight cancellations in the US. This applies if the disrupted flight was booked as a connection to an EU flight with the same airline and is part of a single reservation (under one booking reference number).
To quickly determine your eligibility, use our AioFlight Eligibility Check tool. We’re here to help you understand your rights and navigate the claims process efficiently.
Right to care under ANAC 400
Under ANAC 400, your entitlements increase with the duration of a flight delay. Here’s what airlines must provide based on the length of the delay:
- Over 1 Hour: Passengers must have access to communication options, such as a phone call or Wi-Fi for emails and updates.
- Over 2 Hours: Airlines are required to provide meals suitable for the time of day. This can be in the form of food directly provided by the airline or meal vouchers for passengers.
- Over 4 Hours: At this point, your flight is considered severely delayed, and two significant rights come into play:
- Reimbursement or Rebooking: The airline must make every effort to get you to your destination as quickly as possible. We provide detailed information on your options below.
- Accommodation: If the airline cannot expedite your travel, they must offer suitable accommodation.
It’s important to note that accommodation is only required if an overnight stay is necessary. For instance, if your wait is five hours during the day, accommodation won’t be provided. Additionally, airlines must arrange transfers to the accommodation. If you reside in the departure city, the airline is not obligated to provide accommodation but must offer transfers back to your home.
Refunds and replacement flights in Brazil with AioFlight
Under Brazil’s ANAC Resolution 400, passengers facing significant flight disruptions, such as delays over 4 hours or cancellations, have certain rights. Airlines are required to provide passengers with the following three choices:
- Alternative Flight: A ticket on the next available flight, whether operated by the same airline or a competitor to the same destination.
- Full Refund: A refund of the fare, which includes all airport taxes and fees.
- A way of getting to their destination via other means: Assistance in getting to your destination by other means, such as a bus ticket and necessary transfers.
Note: Airlines must provide any transfer to an alternative flight or route to your destination free of charge.
Passengers who choose a ticket on an alternative flight have the option to take the next available flight—whether it’s with the same airline or a competitor going to the same destination. Alternatively, they can select a later flight operated by their original airline at a time and date that best suits them.
In either case, rebooked passengers are given priority over other travelers on the flight. This ensures that if the replacement flight is overbooked, the passenger who has already experienced an inconvenience will not be asked to give up their seat.
Passengers are also entitled to care as described until they depart on their flight or alternative transport. However, this right to care ends if the passenger opts for a refund.
Every year, millions of air passengers miss out on compensation owed under European Regulation EC 261.
ANAC 400 rights if the airline changes your flight
Under ANAC Resolution 400, passengers have specific rights if an airline changes their flight. For instance, if your departure time is delayed or your direct flight is altered to a connecting one, this regulation provides certain protections.
The airline is permitted to make such changes, provided they inform passengers at least 72 hours before the originally scheduled departure time.
| Change in time | |
|---|---|
| Domestic flights | +/- 30 minutes |
| International flights | +/- 1 hour |
If your flight is altered beyond this window or if the airline fails to inform you of the change more than 72 hours in advance, they are required to offer you one of the following options:
- An alternative flight
- A full refund
If you arrive at the airport for your original departure and were not notified of the change, the airline must either rebook your flight or reimburse you. They may also provide alternative transportation, such as a bus, taxi, ship, or private driver service (like Uber). Additionally, they must cover necessary expenses for food, drinks, and accommodation.
Brazilian passenger rights on denied boarding
Brazilian regulations are designed to prevent airlines from overbooking flights, which can result in passengers being denied boarding.
If your flight is overbooked, the airline will first seek volunteers to give up their seats. These volunteers are entitled to compensation, with the specific terms of compensation mutually agreed upon by the passenger and the airline.
If no volunteers come forward, the airline may proceed to deny boarding to some passengers. In such cases, affected passengers are entitled to an alternative flight, the care previously outlined, and immediate additional compensation as mandated by ANAC Resolution 400.
| Compensation amount (€) | Compensation amount (SDR*) | |
|---|---|---|
| Domestic flights | €300 | SDR 250 |
| International flights | €600 | SDR 500 |
ANAC 400 compensation amounts are in SDR. We have included the approximate € amount here.
Be aware that airlines may ask you to sign a volunteer overbooking form. It’s important not to sign this form unless you are voluntarily giving up your seat. Instead, request to sign for involuntary denied boarding if you are denied entry onto the flight.
Find out if you’re owed compensation
Rights for passengers with additional needs in Brazil
Brazilian laws offer additional protections for air passengers who may require assistance. Another ANAC resolution, Nº 280, covers the rights of air passengers with additional needs . This law recognizes that the following passengers may require more assistance when they fly:
- Passengers aged 60 and over
- Pregnant and breastfeeding passengers
- Passengers accompanied by an infant (a child under 2)
- Passengers with reduced mobility
- Any passenger with a specific condition that limits their autonomy
The airline is required to offer these passengers appropriate care and assistance while they are at the airport and during the flight.
In the event of flight issues, passengers with additional needs, as defined above, have priority when flights are delayed or canceled. The primary consequence of this provision is that if passengers are offered a replacement flight, passengers with additional needs will be reallocated onto new flights first.
Passengers with additional needs must also be offered accommodation whenever there is a wait of 4 or more hours, regardless of whether the delay means an overnight wait.
Brazilian laws allow passengers to claim compensation for flight delays and cancellations that occurred in the past:
- For domestic flights, claims can be made for up to 5 years after the incident.
- For international flights, passengers have a period of 2 years to submit their claims.
Read the Brazil law
- ANAC Resolution Nº 400, 13/12/2016 (Portuguese only)
- Brazilian Consumer Code (Portuguese only)
- Brazilian Consumer Code for Foreigners (English)