Compensation and liability airlines Ecuador

Compensation and liability airlines Ecuador

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Today I will cover a somewhat complex topic, but above all that is in force in the country. We will talk about airline compensation and liability Ecuador towards passengers in different cases and situations, without leaving aside what the current aeronautical regulation says.

First of all, clarify that I am not an expert in aeronautical laws or regulations., but if I have studied a lot on the subject, more than anything for having experienced first-hand delays or problems with the airlines, and passenger who is respected, know your rights and obligations before you fly ;).

Compensation for delays, cancellations and more

We start with what the DGAC says – Directorate of Civil Aviation of Ecuador with regard to the rights of passengers in Ecuador in case of delays, delays, cancellations, about sale and others. The regulation is very clear in Ecuador with the user card, which indicates the following:

a) Delay

When there is a delay in the start of the flight (start of filming to take off) and, Thus, the scheduled time of the authorized flight is not complied with, the following will be observed:

• Regardless of the cause, when the delay is greater than thirty (30) minutes and less than three (3) hours, the passenger will be provided with a snack and a free communication by the most suitable means, equivalent to a telephone call not to exceed three (3) minutes, to the place of the passenger's choice.

• When the delay is greater than three (3) hours and less than four (4) hours, in addition to the above, must be provided to the passenger, foods (breakfast, lunch or dinner, according to the time) and a discount of 10% of the value of the ticket for the next trip, except that the flight delay is caused by adverse weather conditions or force majeure.

• When the delay is greater than four (4) hours, in addition to the above, The carrier must compensate the passenger in accordance with the provisions of paragraph e) of this article. In this case, the air carrier must, further, provide lodging in cases where it is necessary to spend the night, relocation expenses, or the refund (immediately if you are not in your usual place of residence), at passenger's choice, unless the passenger voluntarily agrees to extend the wait when it is foreseeable that the flight will take place within a reasonable time; except that the flight delay is caused by adverse weather conditions or force majeure.

b) transportation interruption

In cases of transportation interruption, if the passenger does not opt ​​for the refund of the proportional part of the price corresponding to the section not covered, You will be compensated for the delay suffered until the resumption of the trip, in accordance with what is indicated in the literal) precedent as appropriate;

c) Cancellation

In cases where the air carrier decides to cancel the flight, having the passenger confirmed reservation, without the net value of the ticket having been refunded or a substitute flight having been obtained for the same day, lodging expenses will be covered, in cases where it is necessary to spend the night and transfer. What's more, if there is a delay before the cancellation of the flight, the user will receive the compensation provided in the literal to) previous one, as appropriate;

d) Surplus

If boarding is denied due to overbooking, having the user confirmed reservation and having presented timely at the airport, the air carrier must provide the user's trip to their final destination on the next flight that has available space from the airline itself, on the same date and route. In case of not having a flight, the air carrier must make the necessary arrangements on its own, for the boarding of the user in another air carrier as soon as possible;

e) additional compensation

The air carrier must compensate the passenger with a minimum sum equivalent to 25% of the value of the missed route, payable in cash, or in any other way accepted by the passenger, as tickets on the routes of the air carrier, vouchers for ticket purchase, miles recognition, etc., in the following cases:

• Surplus, if there is no direct agreement with the user by which the user agrees not to travel voluntarily on the scheduled flight; and,

• Delay greater than four (4) hours of the scheduled time, for reasons attributable to the air carrier.

For the purposes of determining the value of the route subject to compensation, the net value of the ticket paid will be multiplied by the ratio between the distance of said journey over the total distance;

f) Transits and connections

The above compensations will be equally applicable to users in transit or connection who cannot continue their trip for reasons attributable to the carrier.;

g) Denial of boarding for reasons attributable to the carrier

When an air carrier anticipates that it will have to deny boarding, it must, First of all, ask for volunteer passengers to give up their reservations in exchange for certain benefits that are agreed upon. Voluntary passengers will also receive assistance in accordance with the provisions of the paragraphs to) and and) of this article, as appropriate.
In the event that the number of volunteer passengers is insufficient to transport the remaining users with a confirmed reservation, the carrier may deny boarding to other users against their will, in which case you will have to compensate them, reimburse them and assist them in the terms indicated in this article.

Right to assistance on diverted flights

When for reasons attributable to the air carrier, it must operate from / to an airport other than the one for which the reservation was made, shall bear the expenses Resolution No. /2013 0381 of transport of the user from / to the second airport, well be from / to the airport for which you made the reservation or from / to another nearby place agreed with the user.

Right to reimbursement for reasons attributable to the carrier

Air carriers will reimburse users for the cost of the ticket paid in the proportional part of the trip not made; or the entire amount paid for the ticket if the flight no longer has a reason to exist in relation to the user's initial travel plan, in which case you must provide a return flight to the first point of departure as quickly as possible. The aforementioned reimbursement will be made within five (5) business days following the event in the place indicated by the user.

User Care System

All air carriers must have a User Service System through which they must receive and attend to, personally, the complaints, complaints or suggestions from users offering immediate solutions that are pertinent according to the circumstances or, failing that, They must immediately transfer the corresponding request to the person or agency that must provide a solution as soon as possible..

Customer service at the airport

In relation to the total quality of customer service, The DGAC will have competent personnel and User Service offices at the airports, through which it will control and ensure faithful compliance with this Resolution and will also receive and attend personally, the complaints, user complaints or suggestions, offering guidance, advice and immediate solution according to the circumstances or, failing that, will make the immediate transfer of the request to the airline, dependency or person who must provide a solution as soon as possible.

Compensation and liability airlines Ecuador

The current regulation is very clear., but now it is convenient to talk about hypothetical cases that occur every day around the world and in any airline, in order to apply the statutes of the DGAC on these cases:

What happens if the airline is delayed due to WEATHER issues??

In this case, the airline is not responsible and is not obliged to compensate passengers under any literal. In this point, It will be the aeronautical authority that verifies that the delay of a flight is due to the weather and not to other factors.. In certain cases and depending on the airline, it will deliver snacks to its passengers, but this is not mandatory in this case, it will be something under company guidelines and policies.

What happens if the airline is delayed due to unscheduled maintenance issues??

The airline must act fully under the regulation and compensate, according to the duration of the delay to passengers. Remember that airplanes are machines like cars and can be damaged without warning., so we comply with the manufacturer's maintenance and pass the vehicle inspection.

What are arrears due to operational issues?

Usually, delays due to operational issues are due to delays caused by various factors, such as those mentioned for climate or maintenance, but as well as delays due to air traffic. These delays are usually due to an accumulation of factors., For example, the plane MODELOXX had to fly from route X to Z, but it was delayed due to weather, therefore the next flight that this plane was supposed to cover is delayed for obvious reasons. Operational delays are the responsibility of the airline to compensate, but there will be cases where this will not be the case, This must be evaluated by the authority, For example, if the case of having originated the delay due to meteorological issues is repeated., but it can vary.

I have flight from destination A to B, but due to operational or other problems, the airline transports me by ground or on another flight to point C to take the flight to point B, is the airline complying?

Yes, the airline and you as a passenger sign an air carriage contract when the ticket is purchased, then, the company must do everything possible to comply, so if for any reason you could not comply with the proposed itinerary and offer you alternatives such as bus transportation, the airline is doing well, Sure, generates inconvenience and one feels even cheated, but it is fulfilling. Now, also you as a passenger can reject the option and demand a full refund of your ticket or change your flight to the closest available without paying a penny for changes or penalty, whatever it is, while the airline wants to meet the transportation, is not complying with what was paid when buying the ticket.

Due to climatic issues, the airline could not land at the destination airport and we landed at an alternate airport., what I do?

Flights can be diverted to alternate airports for various reasons, due to weather or for example unscheduled maintenance of the runway (and other reasons). In these cases the airline must do what is within its power, provided that the current and safety regulations are respected, to take you to your final destination. The options managed by the airlines are, depending on the case, wait for conditions to improve and be optimal or in the other hypothetical case, fix the track. All options can take from minutes to hours, meanwhile the Commander will evaluate the route together with the airline (CCO – Operational Control Center), analyzing the options and itineraries that the aircraft in question must subsequently comply with, while the plane is being refueled with passengers on board, in a fully permitted procedure, regular and risk-free.

Let us remember that a plane does not fly only to a destination and if it is delayed due to any problem, this will affect the entire operation of the airline with the consequent operational changes, delays and even cancellations. In aviation there is a saying, plane that does not fly, is loss, which means that planes should always be in the air and the least time on the ground, so in the case of a plane diverting to the alternate, the airline will be losing money, not only for not having the plane in the air, but because of the whole operational issue that will be complicated.

Each airline in cases like these will act differently and will have operational policies, some will prefer to fly to a nearby alternate airport to continue the flight as soon as possible and others will return to the departure airport, all based on behavioral studies of its clients or for security. whatever the case, the airline must provide all the comforts, assistance to passengers and compensation according to the duration of the delay.

If the conditions are not favorable to continue the flight as soon as possible, this will be rescheduled for that same day or the next if applicable, where the airline must always inform and assist the passenger so that he is part of the next available flight.

I bought a ticket, I went to the airport and my flight was overbooked, is this legal?

the answer is simple, Yes. Overselling is an industry-wide practice, legal, but bother if you have to live it. In this case, the airline must place the passenger on a flight as soon as possible and on the same day., if the company does not have quotas or more flights, on behalf of the airline, you must carry out the procedures of the case with any other airline that complies with flights to the oversold destination. Depending on the delay generated by the overselling, there are additional compensations that can be returned until the 25% of the ticket purchased.

Can I be denied boarding against my will??

Yes, but if this were the case, for company reasons, it must fully compensate the passenger, refund the ticket and assist with accommodation issues, transport and food according to regulation.

I bought the ticket on X airline, but my suitcase arrived damaged, Whose responsibility is it??

According to the Montreal Convention, the airline is responsible for transporting the luggage between point A to point B, and this also applies if you fly on an airline, but for reasons they change your flight to another airline, the first, to which you paid the ticket is responsible for your suitcase arriving as you delivered it at the counter

The carrier is responsible for the damage caused in case of destruction, loss or damage to checked baggage for the sole reason that the event causing the destruction, loss or damage occurred on board the aircraft or during any period in which the checked baggage was in the custody of the carrier. Nevertheless, the carrier shall not be liable to the extent that the damage is due to the nature, to a defect or vice inherent to the baggage. In the case of unchecked baggage, including personal belongings, the carrier is liable if the damage is due to its fault or that of its servants or agents.

How early do flights close?

It depends on each airline and there is no regulation in this regard, but in general it is 45 a 30 minutes before flight departure time. Remember that if you arrive shortly before the recommended 2 hours before for domestic flights and 3 for international flights, you run the risk of missing the flight due to delays in customs or immigration filters, you can even get confused with the room and therefore delay.

If you arrive late and your flight is closed, you will have to pay a fine for not showing up and the value will depend on the rate you paid for the ticket and its availability on the next flight.

This is only a part of all the cases that we could talk about, but it is always good to inform us of our rights and also obligations, how to be on time at the airport, comply with security measures, do not carry dangerous goods, etc. A smart traveler is one who reads the fine print.

Do you have more questions about air transport and the rights and obligations of passengers?

Reader Questions

What are the regulations to determine dangerous situations for both passengers and crews??

The current regulation does not talk about these specific issues. What can be indicated is under the FAR 91.3 (Federal Aviation Regulation) from the FAA, is that the Commander, as the highest and undisputed authority of the aircraft, according to each situation, can determine that there is a potential risk both for himself and for the integrity of his crew, passengers, aircraft and cargo. This FAR regulation applies equally to Ecuador.

Yes, due to operational restrictions due to weather (for example tailwind higher than the operational limit of the aircraft), I am not boarded on my flight, Is this considered oversold?

The regulation does not specify the responsibility of the airline in exact and complex cases such as these, but it could be considered as "Denial of boarding for reasons attributable to the carrier", since the operational capacity of the airline is limited by its own issues. While the weather is not the airline's fault, it should take into account the correct type of aircraft for the operation in each airport and thus not have these problems.

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46 comments on “Compensation and responsibility airlines Ecuador”

  1. Hello there

    The truth is, I don't know if this page is still right, but it's worth trying because it's not easy and I can't exactly find punctual and clear containment according to Mary as passengers under the conditions of the airline and some other institution, the fact is that I am from Ecuador the di 4 In July, athletes who should be noted are disabled and went to the World Athletics Championships held by the International Paralympic Committee, I know that Quiero's flight was delayed and that caused us to lose their connection to Paris and since you had no other options, they did not send 2 days later from amsterdam to paris, They did not assume hotel, lodging, food, bonus, nothing because they said flying was a matter of logistics and that she resolved it through the website, as it turns out that the passengers arrived at the master, so they asked us a thousand things so that she with disabilities can stay and if they board two days later without training feeding on food not suitable for the year they spent entering this world cup, obviously they arrived from paris and with hours of rest in their presentation it was not the best causing damage dosages that already have them with a physical disability that and that is not why their efforts can be left out of the olan of high performance of athletes. All this is not paid with money with compensation because money can no longer be used to turn back time, but it is also not fair to have given away the sacrifices of the coaching athletes to stay like this because of this situation, I want to get a lawyer to fight for the highest compensation I have for a case like this and that you advise me what is the best I can do in this case because there are many damages for 600 800 euros per person here we are talking about enormous damage, well, that was my question

  2. Greetings, the question does not go directly with airlines of ecuador, but you know so much about the subject that I wanted to ask you. Buy a flight for Qatar from New Zealand to Dominican, but arriving in brazil they made us go through migration and they stamped our passport, when it was time to check again they told us that we could not board because we had to get vaccinated for yellow fever, We explained to him that we did not leave the airport and that we were directed to go through immigration, we had 8 hours of waiting in Brazil and we last more than 12 hours , our flight got lost and then the same guy who told us we couldn't go because of the vaccine, He told us to say that the paper had been lost and they put us on another flight in about 4 hours and the waiting time in Panama was 12 hours and then when I arrive at my final destination one of my suitcases did not appear and it has been a week and still nothing. With your experience, what do you recommend me to do?? how to act? I already reported at the airport and in Qatar.

    1. It is an interesting and complex topic.. Baggage is regulated under the Montreal Convention, so there is responsibility on the part of the airline in that it reaches your hands intact and on time. Now comes the issue of compensation based on the local regulations of the country where you are, so I recommend you approach the local aeronautical authority for advice.

  3. Good, help me with a case please.
    My mom bought a ticket to the United States for one day x, the airline calls 2 days before and informs you that the flight was canceled and you have 2 options to travel, a day before the 2 days after the original date of travel. My mom, not knowing and having to travel for a commitment, chose a day before, since he did not reach said commitment if he chose the other option. Now she had to pay for one more night to stay there., my question is, Is this covered by the airline or is there another type of compensation for this case??

  4. Hi Nicolas. Thanks for your input. I am looking for a solution to an issue that arose, on a personal level. The present day, for reasons of force majeure, I lost my flight. Some days ago, I contacted the airline, sending them an email (since here in Quito there are no telephones or Interjet offices) asking that my flight be changed and until now I am still waiting for an answer. The only means by which I can "communicate" is through the call center. I arrived at the airport with the intention of solving it personally and there is no customer service panel, of this airline. They told me in information that I should communicate by phone, and even so, I have lost the morning, trying to get in touch, Without any result. I have communicated with the airport in Guayaquil, since there is a phone, but no one answers. I have wasted, time, money and energy. I just checked the accounts on facebook and instagram, from the airline and there are people who have the same problem as me. Here, in Quito, there are no offices, as i already mentioned, therefore it makes difficult the diligent treatment that is necessary and from which as users we need to demand. What type of action can be resorted to in these cases?? It seems to me a very serious fault and really, I would like to solve this, as soon as possible. I really appreciate your suggestion and your helping hand., in this issue.

    1. Hi Francisca, In this particular case, you can try contacting the airline through their social networks., generally more effective than other means of contact. If you have supporting documents such as a medical certificate, verifiable domestic calamity, the airline should help you. I also recommend you contact the DGAC user help service.

  5. Hi Nicolas
    On a flight the airline broke the tire of one of my suitcases leaving an egg and broke my daughter's car. They tell me that they do not take responsibility because I have spent the time to claim their policies. What I can do?

    Thank you in advance

    Greetings

  6. Greetings, I want to expose my case , I traveled to Mexico 4 October and returned on 7, in my country Ecuador, there was a state of exception , what happened that immigration from Mexico did not let us pass and they returned us , without any explanation the day 5 . I want to know if I can make a claim against the airline because I knew this was going to happen , they would have changed our flight.

  7. greetings Nicolás very good article, However, in the case we are currently living, that is to say, unemployment and state of emergency, how to proceed, since it is impossible to get to the airport, flight change or cancellation can be requested?

  8. It is impressive how the airline is protected when it fails to comply, instead of the passenger, arrives late or has an inconvenience misses the flight, it's about boarding the next one and pay 400% more for the ticket, instead the flight is delayed more than 30 minutes or 3 hours and they give you the snack that per passenger does not cost less than $5 USD. I saw the report of the airlines with delay and cancellation and TAME embarrassingly takes the first flight. I think that airline should be sold, Aerogal case that also suspended and delayed flights left and right, when I bought Avianca things changed.

  9. Hello I have a case with TAME, I am from Manta and I fly to Quito on 23 March but I have the return scheduled for Saturday 30 March and I bought because the option was the best at 7 of the night, due to commitments made on 30 March I'm free at 5 for that reason I bought the ticket but it turns out that TAME has changed the schedule for that day 30 from March to 14:50 output what can I do where can I claim?

      1. I have a similar case, had a flight with TAME scheduled at 19:30 the day 20 of March, turns out the flight now leaves at 17:30. My query is directed towards how they are supposed to "inform" us of that change or through what means, since I found out about this change only because I checked the reservation directly from the TAME page, and I have not received any mail with said notice. Greetings and thanks for the help.

          1. Thank you for the prompt and kind response., one more query, in case they do not notify me within the corresponding period (I understand it's a week) through no means. Is it possible to request a refund or something similar?

  10. Jackeline Coronel Alarcon

    Hello, my comment is this: I bought three tickets to the US, one for myself. , another one for my son 8 years and another for my eldest son but he has a disability. But 2 days before he suffered an attack on his disability problem and we could not make the trip. Cancel the flight presenting the proper medical certificate. Still to know if I have the right to the return of the tickets or not

  11. Hello there, I have a case, my sister bought a flight on LATAM with a credit card and they spent more than 15 hours and the purchase never materialized, seeing that we decided to call and they told us that there was an error in the purchase. with what happened, the only solution was to buy a new ticket on another date, but what happened, latam confirmed the purchase of the ticket which they informed us there was an error in the purchase, that is to say, they confirmed the purchase a day and a half later and three hours before the flight (international flight).
    Until now they do not give an answer and they blame my sister for not having arrived at the airport. I wanted to know where the respective request is made, since, we want to enter a legal process for damages. We're tired of the game of that lousy airline.

  12. Mario David Valladares

    Dear Nicholas
    For bothering you with a concern you know I flew with TAME and my suitcase from FLL, he had to arrive with me on Sunday 04 November but to date I have no news of it, they only gave me a form with the number of the suitcase tag but no one has contacted me.
    Can you guide me how I could proceed, there is a form in the DGAC ? who can pressure the airline to give me an answer.

    Thank you so much

    1. I recommend you read the Montreal Convention, where even according to the delay time, you could receive compensation. About who can help you, the DGAC with its passenger assistance posts at each airport.

  13. Hi Nicolas

    Turns out in March 18 At the Latam airport counter, ask me what I should do to travel with my son with his French bulldog, he is in treatment for depression, finally has a Certificate of Emotional Assistance, and the boy told him that there was no problem, after a million exams and the most expensive $450 and others, he went back to Latam airport and was given the dog's documentation, He said yes or if the dog was traveling with my son, tickets were purchased, for my son and my mother who wants to accompany him, and then the girl scanned the certificate, In short, after all this, they have written to me that they deny that the dog travels because they do not accept the connection in Madrid with Iberia., I called Iberia and they told me that there was no problem, again I put a request and they tell me the same, so I have requested since it is their fault that they make me only the trip from gye to madrid . and already in Madrid I bring them by car. and that the return of the ticket from Madrid to Barcelona. IT'S LEGAL because they made me spend money on the exam. for my dog ​​and then the lost time that I would have already bought from another airline, Now if I buy a ticket for less than 26 days sell me dear. WHAT CAN BE DONE, where do I report them.

  14. Hello mate , just reading , great info . Currently in Guayaquil after a cancelled flight with latam .
    Provided hotel as we are delayed over 24 hrs . Missing our connection in Madrid with a different airline , we were told latam are not liable at the airport . But from what you say they are liable . Can you help out as I am going back today with all this information . I presume as they are more than 24 hrs they are liable to et is to our final destination

  15. Dear Nicholas, Thanks for your article, please your help with a guide for the following case, What should I do if the airline does not deliver the luggage at the port of arrival and claims that due to excess weight they did not board certain suitcases, and they will the next flight (There are only two flights on this route, first in the morning and one in the evening.). They also indicate that the suitcase must be removed from the airport when it arrives..
    As you know, many times domestic flights are for work and for a few days., in the suitcase are articles and clothing that is needed for that day of work.
    How the airline should compensate the passenger??? What does the law say in these cases???
    Thanks

    1. Being due to overweight of the plane is a fact attributable clearly to the airline, so they are responsible for delivering the suitcase in your hands, as there is no damage or loss, does not apply to compensate the passenger. Some airlines go further and leave your suitcase at your home, but that's something extra.

  16. Cecilia Valdivieso

    I have a query regarding the damage of a suitcase. According to the text cited from the Montreal Convention «… the carrier shall not be liable to the extent that the damage is due to the nature, to a defect or vice inherent to the baggage. In the case of unchecked baggage, including personal belongings, "The carrier is responsible if the damage is due to his fault or that of his dependents or agents." As it is written, it seems to me that it is favorable to the airline and leaves little room for us as users of the service to complain.. in my specific case, they just broke the suitcase handle (ripped more than broken), the handle can no longer be used and they tell me it is inherent damage. How it is defined that it is a damage that should be assumed by the company?

    1. Hello cecilia, a damage caused by the company would be for example, blows that generate greater damage to the luggage. On the subject of the handle and in general, unfortunately for the user, the airline has the upper hand, since in your case they can say that the handle was already damaged or due to normal handling it was damaged.

      1. Cecilia Valdivieso

        Dear Nicholas, Thank you very much for your answer. Indeed that is what Copa has alleged, What is inherent damage to baggage?. In addition to poor customer service, What annoys me is that the person who checked my suitcase did not pay attention for two seconds, didn't take a picture, did not note the brand of the suitcase or describe the damage. This to me means that they only see if the damage was to the handle and then follow the manual like robots., without showing any type of empathy with the user. Thanks again for the information you provide and for your response..

  17. Dear Nicholas,

    Great article and information I just read it today. Okay, just a clarification of concepts since many people confuse climate with weather.

    Climate is the average character of the atmosphere, that is, it does not change in hours, days or months is actually a measure to a period of a certain locality to ten years. Instead, The weather is all the atmospheric changes that occur in a day, hours. Is this the correct term that we should use to describe adverse situations that generate delays in air operations (wind, precipitation, humidity, etc…).

    Sincerely.

    Carlos.

    I mean it's time, not the weather

  18. Dear Nicholas,

    Thank you for being a facilitator of this type of information and congratulations for the good work you do on your page.. Please your kind help with your judgment for the following case. I would like to know what obligation TAME has towards the passenger, in the event that you cancel the flights of the 24 December to Santa Rosa (Gold) and does not provide a mobility solution for that same day and that destination. The option it gives is to go to Guayaquil and $25 contrainvoicing per passenger or traveling the 25 December to Santa Rosa. I would appreciate your opinion. Thank you very much in advance.

    1. Nicholas Larenas ✈️

      Hello Gustavo, thank you very much for your words. About your case it is somewhat complex. It is complying with the flight cancellation notification in advance and offering a solution that is to fly to Guayaquil and compensate with $25. The airline is fulfilling its responsibilities, although as a user you can request the full refund of the ticket, but you won't fly.

      In this case, the airline should also offer to fulfill the service and take you by bus from Guayaquil to Santa Rosa, despite the inconvenience this generates, the airline is complying with the stipulated.

      1. Gustavo Renteria

        Thank you very much for taking the time to respond. Well, finally I was forced to take the option that generates the least complications for me.. Travel to Guayaquil. Although he did not comply with notifying me, I found out to call to find out if everything was going well and there they tell me that they are in the process of notifying me and that they have changed me to 25 my flight. In any case, I have found a solution.. Thanks again for your answers..