Now it’s law: airlines must reimburse passengers when the flight is delayed

In an attempt to consolidate consumer rights in the airline industry, the Traffic and Transport Commission of the Chamber of Deputies approved Bill 2813/25. This proposal transforms into federal law the rules for assistance to passengers in cases of flight delays and cancellations, which today depend on resolutions of the National Civil Aviation Agency (Anac).

The idea, therefore, is to provide more legal certainty: once the rules become law, they gain more ‘weight’ and facilitate their compliance. At the same time, it becomes more difficult for them to be changed, giving predictability to passengers and airlines.

How did it turn out?

According to the approved proposal, airlines must provide free material assistance in a staggered manner:

• After an hour of waiting: the passenger is entitled to communication facilities, such as internet or telephone.
• From two hours: the company must offer food.
• If the delay exceeds four hours or involves an overnight stay: the obligation now includes accommodation and transportation to and from the airport.

  In situations of cancellation, delays of more than four hours or overbooking, the consumer will also be able to choose between reboarding on an equivalent flight or an immediate refund of the amount paid for the ticket.

The rapporteur of the matter, deputy Bruno Ganem (Pode-SP), recommended approval with a technical amendment to avoid conflicts with the current text of the Aeronautics Code. For Ganem, the initiative offers legal stability without generating additional costs, since companies must already comply with such rules administratively. “The measure guarantees more security to users without implying an increase in bureaucracy,” he said.

The project is being processed in a conclusive manner and will now be analyzed by the Consumer Protection and Constitution and Justice and Citizenship (CCJ) committees. If approved without reservations, it will go directly to the Senate.