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Associates Blog

3 Common Mistakes Airlines Make

26 de dez de 2024

2 min read


Introduction


Traveling by plane is a common experience for many, but passengers are not always aware of the rights they have in relation to airlines. Frequent mistakes by airlines can lead to unpleasant situations and even financial losses for consumers. This article discusses three common mistakes made by airlines and the rights of passengers in these situations, based on Brazilian civil and consumer legislation.


1. Flight Cancellations or Delays


Issue


Flight cancellations or delays are among the most frustrating situations for passengers. These issues can arise for various reasons, including technical problems, adverse weather conditions, or overbooking (selling more tickets than the number of available seats).


Consumer Rights


Brazilian legislation, through the National Civil Aviation Agency (ANAC) and the Consumer Defense Code (CDC), guarantees rights to passengers affected by cancellations or delays (typically considered from one hour onwards). The main rights include:

Material Assistance: Includes communication, meals, and accommodation, depending on the waiting time.

Rebooking or Refund: Passengers are entitled to be rebooked on another flight or receive a full refund, also depending on the waiting time.

Compensation for Damages: In cases of material or moral damages, such as missing important commitments, passengers may seek compensation.

2. Lost or Damaged Baggage


Issue


The loss, damage, or delayed delivery of baggage is another common problem faced by passengers. This can lead to significant inconvenience, especially for those traveling for work or leisure.


Consumer Rights


Airlines are responsible for baggage from check-in to its return to the passenger. In cases of loss, damage, or delay, passengers have the following rights:

Reimbursement of Expenses: Emergency expenses for essential items can be reimbursed.

Compensation: If the baggage is not recovered, the airline must compensate the passenger. The compensation amount is limited but can be increased if the passenger has previously declared the baggage’s value.

3. Overbooking (Excess Ticket Sales)


Issue


Overbooking occurs when an airline sells more tickets than the number of available seats on the plane, anticipating that some passengers will not show up. This can result in passengers being denied boarding even with a confirmed reservation.


Consumer Rights


When overbooking occurs, airlines are required to:

Seek Volunteers: Offer benefits or compensation to passengers who voluntarily agree to be rebooked on another flight.

Rebooking or Refund: If there are not enough volunteers, the airline must rebook passengers on another flight or provide a full refund of the ticket, in addition to necessary material assistance.

Financial Compensation: In some cases, the airline may be required to pay additional financial compensation to affected passengers.

Conclusion


Understanding passengers’ rights and obligations is essential to avoid common issues and handle unexpected situations appropriately. Airlines must ensure full compliance with regulations, providing fair and quality service to their customers. Knowing these rights enables consumers to enforce them, contributing to a better travel experience.