Travellers: Compensation when a flight is canceled or delayed

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We review the update to travelers' rights in Ecuador and the compensation to be received when canceled, delay or there is overbooking of a flight.

This is one of the biggest concerns of the readers and followers of the blog and that this 2024 The table of conditions for receiving compensation in case of delays has been updated, cancellations and others that can normally occur while we travel on the air service.

It is important that, all travelers, always know your rights and obligations, in order to have knowledge of how to act in the event of an eventual event such as those mentioned, that are daily bread and that of course, alter our travel plans.

Compensation for delays, cancellations or overselling

First we must say that, Airlines do not delay or cancel their flights to bother us if it is not the last thing they want to do., since they incur additional expenses that alter their operations and generate a bad reputation. nothing is perfect, happens to anyone: bad weather, a tornado, volcanic ash, failure of a plane or illness of someone crew, this and more can happen, but when it happens, passengers are protected.

Of course, Not everything is attributable to the airline, That is why we must know our rights and what we should claim when this happens.. The DAC user guide specifies that unforeseen causes not attributable to airlines are:

These are causes beyond the normal development of the carrier's activity that prevent the flight from taking place or delay its initiation., as meteorological causes, technical failures not corresponding to the scheduled or routine maintenance of the aircraft or caused by passengers or third parties at the time of the flight, ground support equipment failures.

Compensation upon cancellation, overbooking or delay on international flights

Reason Compensation
Delay when starting the flight greater than one (1) hour and less than (2) hours The passenger has the right to a snack and 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.
Delay when starting the flight greater than two (2) up to four (4) hours: In addition to the above, food must be provided to the user (breakfast, lunch or dinner) depending on the time of the event. What's more, You will be given a special ten percent discount (10 %) when purchasing your next ticket.
Delay when starting the flight greater than four (4) hours: In addition to the above, the following must be provided: accommodation if necessary, cover transportation costs, immediate refund unless the passenger voluntarily agrees to extend the wait, when it is foreseeable that the flight will take place within five (5) days following the event and compensate with the minimum sum equivalent to twenty-five percent (25 %) of the value of the missed route.
Ticket oversale The air carrier must compensate the passenger with a minimum sum equivalent to twenty-five percent (25%) of the value of the missed route, payable in cash or in any other method offered by the air operator and accepted by the passenger in the following cases:

  • Surplus, if there is no direct agreement with the user, by which he agrees not to travel voluntarily on the scheduled flight.
  • Takes more than six (6) hours of the scheduled time on international flights, and greater than four (4) hours on domestic flights.

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.

Transits and connections The above compensations will be applicable to passengers in transit or connection who cannot continue their trip for reasons attributable to the carrier..
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.
Cancellations :In cases where the air carrier decides to cancel the flight with the passenger having a 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 where it is necessary to spend the night and transportation will be covered..
Diverted Flights * When for reasons attributable to the air carrier, This must operate from/to an airport other than the one for which the reservation was made., must bear the transportation costs of the user from/to the second airport, either from/to the airport for which the reservation was made or from/to another nearby location agreed upon with the user. Likewise, if this is the case, accommodation and food must be provided until the flight resumes.

Compensation for delays, overbooking or cancellations for domestic flights

Reason Compensation
Delay when starting the flight greater than two (2) hours and less than four (4): The passenger has the right to a snack and free communication by the most suitable means., equivalent to a telephone call not exceeding three minutes, to the place of the passenger's choice;
Delay when starting the flight is greater than four (4) hours and less than six (6) hours: The user must be provided, in addition to the above, foods (breakfast, lunch or dinner), depending on the time and a ten percent discount (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 declared by the General Directorate of Civil Aviation.
Delay when starting the flight is greater than six (6) hours: In addition to the above, The carrier must compensate the passenger with the following: twenty five percent (25 %) of the value of the unfulfilled journey or a higher percentage of credit determined by the airline, in cash, voucher or the most suitable method used by the airline; provide accommodation in cases where it is necessary to spend the night and travel expenses; immediate reimbursement under the most suitable mechanism determined by the air operator unless the passenger voluntarily agrees to extend the wait when it is foreseeable that the flight will take place within five (5) days following the event.
Ticket oversale * 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. further, the operator must provide compensation of at least twenty-five percent (25 %). In no case can the air carrier charge an additional value for placing the passenger on another flight..
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..

Air carriers will reimburse users for the cost paid for the ticket in the proportional part not made of the trip or the entire amount paid for the ticket if the flight no longer has a purpose in relation to the user's initial travel plan.. In the event that the trip has started and cannot be completed on a stopover, In addition to the refund, the operator must provide a return flight to the first departure point as quickly as possible..

The aforementioned refund will be made for the entire fee paid regardless of its type..

Deadlines for reimbursement, They depend on the payment method with which you purchased the ticket., regardless of the means of purchasing the air ticket, as follows: cash payments refund time within fifteen (15) days from the request; for credit and debit card payments the refund time within thirty (30) days from the request.

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