Flight delayed or cancelled · SPD Advocacia

Flight delayed, cancelled or baggage lost? See if compensation applies

Long delays, cancellations, overbooking, missed connections and lost or damaged baggage. See your rights and tell us about your case.

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Straight answer

What are passenger rights when a flight is delayed or canceled?

The airline must provide assistance: communication after 1 hour of delay, meals after 2 hours and lodging after 4 hours, when an overnight stay is needed. In case of cancellation or a delay of more than 4 hours, the passenger may choose rebooking, a refund or another means of transport. Compensation for moral damages depends on proof of harm, such as a missed appointment, connection or hotel nights, or a long wait without assistance.

What the law says

Your rights

Assistance

1 hour: communication. 2 hours: meals. 4 hours: lodging, if an overnight stay is needed.

Passenger's choice

Rebooking, full refund or other transportation.

Baggage

Lost baggage on a domestic flight: the airline has up to 7 days to return it.

Moral damages

They depend on proof of the inconvenience caused.

Source: ANAC Resolution 400/2016; Brazilian Aeronautics Code, art. 251-A; Consumer Protection Code.

What is your case?

Situations the firm handles

Long delay

Hours of waiting at the airport

Proof of the length of the delay and the lack of assistance.

ANAC Resolution 400/2016
Cancellation

Flight cancelled without notice

Rebooking, refund and compensation according to the losses.

ANAC Resolution 400/2016
Missed connection

Missed next flight or appointment

Extra expenses and inconvenience may be compensated.

Case review
Overbooking

Denied boarding

The airline must compensate the bumped passenger.

ANAC Resolution 400/2016
Baggage

Lost or damaged

Reimbursement for property and emergency expenses.

Case review
International flight

Specific rules

Material damages follow the Montreal Convention; moral damages follow Brazilian law.

STF
This page provides general information, does not replace an analysis of the case and there is no guarantee of results.

Step by step

How the firm works

  1. Review. We review the documents and tell you frankly whether the case is worth a lawsuit.
  2. Evidence. We organize screenshots, protocol numbers, receipts and conversations.
  3. Agreement or lawsuit. We seek a solution with the company or file the lawsuit, often in the Small Claims Court (Juizado Especial).
  4. Follow-up. Hearing, judgment and receipt of the amounts, with updates on WhatsApp.
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Case review

Let's review your case

Answer the questions, one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary via WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

Does every delay lead to compensation?

No. You must prove the harm caused by the delay or cancellation.

What is the deadline to file the lawsuit?

As a rule, 5 years under the Consumer Protection Code for domestic flights. International flights may have a shorter deadline.

Do I need a lawyer?

In the Small Claims Court (Juizado Especial), up to 20 minimum wages, it is not mandatory, but guidance helps gather the evidence.

What evidence should I keep?

Boarding pass, app screenshots, expense receipts, conversations with the airline and the baggage report (RIB).

Do you serve clients outside Anápolis?

Yes. Service is provided at the firm's office in Anápolis, or online for all of Goiás and other states.

How much does it cost?

After the analysis, the firm sends a written fee proposal before any engagement.