Relaxation of air transport rules is extended for international flights

The consolidation of the resumption of domestic flights has led the National Civil Aviation Agency (ANAC) to maintain until March 31, 2022 the relaxation of some rules of Resolution No. 400, dated December 13, 2016, only for international flights, whose market continues to be strongly affected by the effects of the Covid-19 pandemic. The decision for the extension of the relaxation of rules for international routes was approved on Tuesday (10/19). 

What happens to international flights?

Check out the flexibilities for international flights until March 31, 2022:

- Deadline for communication of changes in hours and itineraries originally contracted: the airline must inform passengers of any flight change 24 hours in advance of the originally contracted time.

- Material assistance to the passenger: the airline will not be required to provide material assistance in situations beyond its control, such as the closure of borders or airports by determination of authorities.

- Reaccommodation on other airlines’ flights: due to the low offer of international flights, resulting from the Covid-19 pandemic restrictions, airlines are not required to ensure reaccommodation on other airlines’ flights where their own flights are available.

Returning to the rules for domestic flights

For domestic flights, the exceptional and temporary relaxation of the application of some provisions of Resolution No. 400/2016 will be in force until October 30, 2021, as provided by Resolution No. 556, of May 13, 2020. The changes implemented sought to safeguard the main rights of passengers.

Check out the reestablished rules for domestic flights as of October 31, 2021:

- Advance notice for communication of schedule and itinerary changes to the passenger is again 72 hours: the airline must inform passengers of any schedule or itinerary change, made on a scheduled basis, 72 hours in advance of the originally contracted time.

- Material assistance to the passenger: the airline must offer free of charge, according to the waiting time at the airport in Brazil, counted from the time of the delay or cancellation:

- From 1 hour: right to communication (internet, telephone, etc.).

- From 2 hours: right to meals (voucher, meal, snack, etc.).

- From 4 hours: Right to accommodation service (only if overnight stay is required) and transportation to and from the place of accommodation.

Material assistance must also be provided in situations where the passenger had his flight changed in advance by the airline (airline network change), but did not receive any notice about this, and only learned of this change when he is already at the airport for boarding.

- Reaccommodation: in case of changes or cancellation of the flight by the airline, reaccommodation must be offered free of charge at the first opportunity on the passenger's own flight or on another airline's flight to the same destination. Alternatively, the passenger may choose another mode of transportation. If these alternatives do not meet the passenger's needs, he can request reaccommodation on another flight of the company itself at a new date of his convenience.

Changes, cancellation, refunds and credits

In addition to ANAC’s Resolution No. 400, which governs the rights and obligations of passengers, the changes established by Law No. 14.034, of August 5, 2020, are still in force. This law extended to 12 months the period for refunding air tickets due to flight cancellations from March 19, 2020 to December 31, 2021. Consumers who need to change their ticket with a scheduled flight until the end of the year are exempt from contractual penalties by accepting credit for future use within 18 months.

Cancellation of the airline ticket and denied boarding

It is important to remember that the other rules established in Resolution 400 have always been maintained and are still applicable.

Passengers who give up an airline ticket within 24 hours of receiving their proof of purchase are entitled to a full refund within seven days. This rule applies to purchases made at least 7 days before the departure date.

In the case of denied boarding of a passenger on a flight whose departure has been confirmed, the original provisions of Resolution No. 400 are upheld.

Did you have problems during your trip?

In case of problems or demands about your airline ticket, it is recommended that consumers first seek the electronic and telephone service channels of the airline company itself, writing down the protocol numbers, if possible, or, if applicable, the travel agency where the ticket was purchased. If you do not receive a solution and believe that your transportation rights have been violated, you can file a complaint on the official Consumer.gov.br platform. The airline responds, the passenger evaluates and ANAC collectively supervises.

The performance indicators of the airlines on the platform are published quarterly on the ANAC portal on the Internet.

ANAC Communications Office