Pilot strike: what are your rights if your flight is delayed or cancelled?

Brazilian pilots and flight attendants started a strike last Monday (19) to demand salary readjustment and improvements in working conditions.

The stoppage will take place every day from 6:00 am to 8:00 am and both domestic and international flights will be affected at nine airports in Brazil. They are: Congonhas (SP), Guarulhos (SP), Viracopos (SP), Santos Dumont (RJ), Galeão (RJ), Porto Alegre (RS), Brasília (DF), Confins (MG), Fortaleza (CE).

It is worth remembering that the measure does not affect flights on which organs for transplantation, sick people or vaccines are on board. However, passengers who feel aggrieved or who have had their flights compromised can demand their rights from airlines and, in more extreme cases, must go to court.

WHAT TO DO AT FIRST?

Faced with the announced strike, the consumer needs to take some precautions even before boarding. As the stoppage will occur at times of high demand, it is necessary to arrive at the location in advance, to avoid problems with traffic and delays within the airport itself.

It is also recommended to check in early and preferably online. And, even after doing so, it is worth checking if there have been any changes to the purchased flight.

If the person is checking luggage, it is advisable to arrive two (domestic) to four (international) hours in advance at the airline service desks. However, due to the strike, specialists recommend anticipating this period by around an hour.

DELAYS AND CANCELLATIONS

Passengers who had flights delayed or canceled due to the strike and even for other reasons such as bad weather and air network readjustment need to be compensated in some way by the companies.

“For both delays and cancellations, the rules are the same. Bearing in mind that the passenger must request a contingency statement at the airline counter, which informs the reason for the delay or cancellation and the time difference,” explains Amanda Leite, lawyer Specialist in Consumer Law claims.

This compensation is based on the waiting time suffered by the consumer.

• After one hour of delay: the airline must provide means of communication, such as telephone calls and free access to the internet network, to the passenger who wants to contact his family members and other people that he requests.
• After two hours: the company must offer food, either through a voucher, snack or meal.
• From four hours: the passenger must be accommodated in hotels, inns or accommodation (but only in case of overnight stay at the airport). If the traveler is at his home location, the company may only offer transportation to his home. “As of that period, the passenger can claim compensation against the airline,” highlights João Leão, lawyer and CEO of the company Indeniza Voe.

I BOUGHT MY TICKET WITH AN AGENCY; AND NOW?

Even buying with third-party agencies, the consumer is also entitled to compensation and services offered by airlines.

It is recommended, according to experts heard by Nossa/UOL, that the person immediately communicate the flight change to both the airline and the company that purchased the ticket. “The agency is also responsible for any inconvenience that may occur,” says Leão.

CAN I SUE THE COMPANY?

When the passenger is harmed or had any commitment and trip affected by the airline strike, he can claim compensation in court. When this occurs, it is necessary to carry out a series of procedures. See below:

• Keep all the documents: the consumer must keep the original ticket, the ticket with flight change, boarding pass with change of schedules and emails received during the waiting time. That way, it will be easier to prove the modifications and all the inconvenience suffered.
• Take a print of the conversations: if there was any kind of dialogue or contact with agencies and airlines, whether via chat or other communication channels, record photos of everything using a cell phone or computer.
• Look for a lawyer: hire a specialist who is connected to consumer law and who can advise the passenger in the best possible way. He may go to court asking for material or moral damages.

In case of material losses, the consumer can request the reimbursement of extra expenses with accommodation, flights, transport and other means in court. Moral damages also fall into the indemnity category, but each judge will determine what the consumer can and cannot receive.

With information from UOL