Delayed or canceled flight to the USA: see what passenger rights are

The United States Federal Aviation Administration (FAA) shut down all airports in the United States this Friday (13) for security reasons following a communication problem affecting air traffic control centers. Flights originating in Brazil are already suffering the impacts.

Passengers have a series of rights when a flight is canceled or delayed, for any reason. Airlines are required to offer assistance to passengers.

Depending on the case, the customer may request a refund or be entitled to accommodation, food and internet access, according to the National Civil Aviation Agency (Anac).

Aeronautical Law specialist Felipe Bonsenso recalls that the law requires immediate support, even when the delay or cancellation is not the direct fault of the company.

"All passengers must immediately contact the airlines and can also go to court in search of compensation, in case of missed events or meetings, for example," he says.

What should the company do in case of delay or cancellation?

According to Anac resolution 400, the company must notify the passenger as soon as it becomes aware of the delay or cancellation. In addition, it needs to adopt other measures:

keep the passenger informed, every 30 minutes, about the expected departure date; offer free assistance according to waiting time; guarantee reaccommodation, full refund or alternative transportation, when the delay is greater than 4 hours or in case of cancellation. The option must be chosen by the passenger.

In case of delay, assistance varies depending on the waiting time:

from 1 hour onwards: communication (internet, telephone or other means); from 2 hours onwards: food (voucher or meal); from 4 hours onwards: accommodation (in case of overnight stay at the airport) and transport. If the flight is in the passenger's city of residence, the company may only offer transportation to the passenger's home and back to the airport.

Passengers in Need of Special Assistance (Pnae) and their companions are entitled to accommodation in any situation.

What to do if the company does not comply?

If the airline does not offer assistance, this is considered a breach of the air transport contract, according to Anac.

The passenger must first look for the company's customer service channels. If it doesn't resolve the issue, you can file a complaint on the Consumidor.gov.br platform, used by the federal government.

Complaints registered on this channel help Anac identify failures and reinforce inspection.

And compensation, how does it work?

If the passenger suffers greater losses, such as missing a job interview or a wedding, they can request compensation in addition to reimbursement. To do this, you must activate Procon.

If he still feels dissatisfied, the path may be to Justice, which would be the last resort.

In addition to Anac resolution 400, the Consumer Protection Code (CDC) also guarantees compensation for property or moral damages. Experts say it can be used by passengers who feel harmed.

"In the case of flight cancellation, article 14 of the CDC establishes that the service provider is responsible for the damage it causes to the consumer", says lawyer Rodrigo Alvim, a specialist in passenger and consumer law.