A Simple Guide to Passenger Rights in the US, EU, and Brazil

Air travel is a modern-day miracle until you are on the receiving end of a delayed flight. We’ve all been there: sitting in an airport terminal, in an uncomfortable chair, looking up at a departure board that suddenly lights up red, and listening to an especially generic announcement stating that a flight has been delayed due to "operational issues." At that moment, the only thing that will separate you from the guy next to you is knowledge; your knowledge about what your rights may be depending upon where you are in the world, whether it is a simple shrug or a €600 check and hotel accommodation.

Having an understanding of your "atraso de voo direitos" (flight delay rights) in Brazil is the most important tool for survival when dealing with Brazilian airports as a foreign traveler. Knowing what this represents (in Portuguese) will give you an extra tool in your arsenal to take control of your travel experience. It implies to airline personnel that you are aware of Brazil's strict "material assistance" law, which covers everything from food to Wi-Fi to hotels (as your delay progresses).

Since travel disruptions don't follow a schedule, having access to 24/7 assistance is vital to navigate these high-stress situations, ensuring that even if you're struggling to communicate in Brasília or São Paulo, you have expert backup to help you claim what you're owed. While airlines often bank on passengers being too exhausted to push back, the law is increasingly on your side, provided you know the right words to say.

In this guide, we will break down the three major legal pillars of air travel: the European Union’s EC 261, the United States’ Department of Transportation (DOT) guidelines, and Brazil’s ANAC Resolution 400. By comparing these, we can find the golden rules that every traveler should keep in their back pocket, regardless of their destination.

The European Union (EC 261/2004)

The EU is widely considered to have the most passenger-friendly laws in the world. Regulation EC 261 is famous for its predictability. If your flight is delayed by more than three hours, cancelled, or you are denied boarding, you are likely entitled to cold, hard cash.

• Compensation for Flight Disruptions: based on mileage, with set rates of €250 to €600

• The "Why" Is Important: you only get compensation for your delay if the disruption that caused you to be delayed was due to something that was within the airline's control (technical issues, crew strikes, etc.). If it was due to "extraordinary circumstances" (volcanic eruptions; extreme weather), then the Airline does not have to pay you, but they still have an obligation to help make arrangements for you.
• Right to Care: if you are delayed for over two hours, the airline must provide you with food, beverages, and two phone call/ email opportunities. If you are delayed overnight, the Airline will pay for your hotel accommodations and the taxi to get you there.

The United States (Contract of Carriage)

The USA takes a more "hands-off" approach than other nations. In fact, contrary to popular belief, airlines in the US do not have to compensate passengers for cancelled or delayed flights due to government requirements. Instead, the rights of passengers are contained in a very dense document referred to as a Contract of Carriage.

• Delays and Cancellations: airline passengers have the right to a full refund if they choose not to fly after their flight has been cancelled; however, if they decide to fly on later flights, the airline is not required (by law) to provide a meal allowance for the wait or a hotel room for waiting. Many airlines offer these as a matter of corporate "customer service" policy in addition to their direct responsibilities as an air carrier.

• Overbooking: there are strict federal laws regarding compensation. In instances where you have been involuntarily bumped from an overbooked flight, airlines are required to pay up to $1,550 for the time that it takes for you to reach your ultimate destination.
• Tarmac Delays: airlines cannot keep you trapped on a plane on the tarmac for over three hours without providing you with what is called "haribos", including food and drink, and a way off the aircraft. International flights have the same limitation except that they may keep you on the tarmac for no longer than four hours.

Brazil (ANAC 400)

ANAC Brazil’s Resolution 400 is primarily about meeting passenger demands. In Brazil, once a flight is delayed, the airline is required by law to start assisting the passenger as soon as the first minute of the delay occurs.

The Tiered Assistance Rule:

• 1 Hour Delay: the airline must provide some form of communication (such as either an Internet connection or phone calls) to all passengers on the flight.

• 2 Hours Delay: some form of food or meal vouchers with proof of purchase will be provided to all passengers on the flight.
• 4 Hours Delay: this is the tipping point. The airline must provide transportation and lodging (if staying longer than 24 hours) to the passenger. There is also a choice of re-accommodating on the next available flight (or reimbursement for the unused travel), or the use of alternative transportation (such as a bus) to get to the final destination.

About moral damages in Brazil, the airline does not provide automatic cash payments like in Europe. However, the Brazilian court system tends to award substantial judgments and damages for Danos Morais (moral damages). Passengers often successfully sue airlines for full compensation when they fail to assist as mentioned above.

Comparison at a Glance

The "Universal" Rules: What Every Passenger Must Remember

Regardless of where your travels take you, like New York City, Paris or São Paulo, all passengers have similar rights. As a passenger, as soon as something goes wrong with your trip, there are steps to take.

1. The Right to Information

All jurisdictions require that airlines be transparent with you. The airline has an obligation to explain to you why there is a delay and keep you updated on your flight. If the agent you reach out to is being vague in his/her explanations, just keep asking, "What do you mean by operational reasons?" This is one of the many ways that airlines can hide behind compensation.

2. Documentation is King

You May Have to Prove Your Claim

• Keep your boarding pass: it is your contract

• Request a written explanation: in Brazil and the EU, you can ask the airline to give you a letter stating the reason for the delay.
• Take photos of the board: a quick photo of the "Cancelled" status or the sun outside, as opposed to what they claim is a storm, may serve as evidence.
• Keep receipts: pay for food and/or lodging if the airline does not provide it, and get reimbursed later with proof of payment.

3. The "Extraordinary" Trap

Many airlines rely upon the “Extraordinary Circumstance” or “Act of God” defence when it comes to their liability for flight cancellations due to events such as hurricanes, floods, tornadoes, earthquakes, etc. However, they do not have similar defences in cases involving technical problems at the time of a delay. When an airline schedules a flight or a crew incorrectly, the airline is liable for damages. If an airline gives you a “no” as the answer when you request assistance, don’t accept it as final.

Final Thoughts

The world of air passengers' rights is complex, but the trend shows that passengers continue gaining more power. The ANAC 400 in Brazil prevents passengers from being hungry or stranded at 3:00 AM, the EU pays compensation for any quality of service back, and the USA protects passengers from being held up on a tarmac.

The next time you hear that awful “bing” on an intercom, remember that instead of being merely a seat number, you are a customer with a contract, and the law expects the airline to honor it.