Legal guide on:Air passenger transport

It informs about the legislation that governs the air transport of passengers and the rights of the people who contract these services.

What happens if, having the ticket purchased and confirmed, the flight is denied due to oversold?

As a passenger, you have several options:

  1. You can board the next flight that the company has available or alternative transportation, if you decide to persist in the contract.
  2. You can get a refund of the total amount paid for the ticket, if the contract of air transport is withdrawn.
  3. If the trip has already started (in the case of a stopover and / or connecting crossing), the carrier must offer you, at its option, the possibility of embarking on the next available flight, a refund of the money for the unused flight or the return to the starting point with full refund of the ticket.


Should I be compensated with money if I am denied a flight for overbooking?

The airline must pay you the following sums, as the case may be:

  1. 2 promotion units for flights of less than 500 kilometers.
  2. 3 promotion units for flights between 500 and 1,000 kilometers.
  3. 4 promotion units for flights between 1,000 and 2,500 kilometers.
  4. 10 development units for flights between 2,500 and 4,000 kilometers.
  5. 15 development units for flights between 4,000 and 8,000 kilometers.
  6. 20 development units for flights of more than 8,000 kilometers.

The passenger who accepts said compensation may not subsequently take action against the carrier for the same fact.

However, if the passenger agreed to board the next flight offered by the company and that trip begins less than three hours from the initial flight, no compensation payment will be made.

Are there passengers who have priority?

In case of denied boarding for some passengers, the company must board as a priority unaccompanied children, people with disabilities, elderly or ill-health passengers, pregnant women who, due to their condition, require boarding as a priority and, in general, to passengers who, for humanitarian reasons qualified by the carrier, should be shipped with preference.

What happens if the passenger who is denied boarding due to oversold wants to keep the contract?

  • The company must provide facilities for the passenger to make the communications they wish, whether by telephone, electronic or otherwise, if there is a difference in the scheduled departure time for the initially booked flight of more than three hours.
  • The airline must provide necessary meals and snacks until boarding the other flight, if there is a difference in the scheduled departure time for the initially booked flight of more than three hours.
  • The company must accommodate passengers with a return flight and for passengers with an outbound flight who are denied boarding at a connection point, not residents of the city, town or area of ​​the departure

This must be done if they are offered a new flight whose departure is, at least, the day after the scheduled departure in passenger, and provided that the passenger must stay one or more nights and the waiting time to board the another flight requires it.

  • The passenger must be mobilized from the airport to his place of residence in the city, town or area of ​​the departure airport, or to the place of accommodation, and vice versa, if applicable.
  • The necessary benefits must be ensured so that the passenger can continue the trip, in the event that he misses a connecting flight with a confirmed reservation.


What happens if the flight is delayed or canceled?

The passenger will have the following rights:

  1. Board the next flight available to the airline, or an alternative transport, if it decides to persist in the air transport contract; Either the flight has not yet started or has started and is on a stopover and / or connection.
  2. Assistance services, such as communications, food, accommodation and transportation under the conditions indicated, provided that the cause of the delay or cancellation is the responsibility of the carrier.
  • The compensation that is established by judicial means if the delay or cancellation occurs due to the responsibility of the transporting company and provided that the requirements established by law are met.
  1. Reimbursement of the total amount paid for the ticket or the unused portion, as the case may be, if the passenger decides not to persevere in the contract and the three or four hour periods have elapsed with respect to the departure time provided for in the ticket

What happens if the passenger who could not be boarded is rearranged on a flight in a higher class than the one he paid for?

In that case, the company cannot charge the passenger extra if the cause of the flight change is not his responsibility.

What is the competent court to sue?

  • The passenger may demand, at his choice:
  • Where the respective contract had been entered into;
  • Where the offense was committed;
  • Where its execution has begun;
  • Passenger’s address.


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