Will you be traveling by plane during the holidays? Know your rights as an air travel passenger according to the Pro Consumer Law

Did you know that air travel passengers have rights that protect them in the event that they face complications with their trip? Transport and Telecommunications Minister Juan Carlos Muñoz announced details of the Pro Consumer Law that states these rights. He was joined at Santiago’s International Airport by Tourism Undersecretary Verónica Kunze, the director of the Consumer Protection Agency (SERNAC), Andrés Herrera, and the general secretary of the Civil Aeronautics Board (JAC), Martín Mackenna. 

Minister Muñoz explained, “we are returning to pre-pandemic levels of travel, so it is even more important that people know their rights. A passenger who knows their rights is a passenger who receives a better quality of service on their trip. That is why the Ministry of Transport and Telecommunications, via the Civil Aeronautics Board (JAC), has been working to promote them, and in 2021 we started pushing for changes to the Pro Consumer Law. JAC then implemented an information campaign in Chile’s different airport terminals to ensure that each person knows their rights when undertaking a trip; it can be accessed at derechosdelpasajero.jac.gob.cl.” 

The director of SERNAC, Andrés Herrera, explained that it is very important that consumers who are going to use air transport during the holidays know and exercise their rights, in particular those that have been added to the Pro Consumer Law. Among them are rights related to the overselling of tickets, trips with children under 14 years of age and what to do if you cannot travel for health reasons. He repeated the call for users to communicate with SERNAC if they have any problems. 

The Pro Consumer Law includes a modification that gives JAC, in consultation with SERNAC, the power to establish the conditions under which carriers, authorized agents and airport operators must inform passengers of their rights. 

The instructions on the conditions under which air passengers must be informed of their rights includes the obligation for airlines and airports to publish information on stickers in all places where the passenger may need to know their rights. These include check-in counters, customer service counters, ticket sales counters and baggage claim. The process came into effect between June and July 2022. 

Rights of air travel passengers 

• If a passenger has their flight delayed by more than three hours, or canceled due to overbooking or any other reason attributable to the operator, airlines must inform passengers in writing of their rights and corresponding compensation, according to the length of their trip. This ranges from 2 to 20 UF (Unidad de Fomento: An indicator whose value in Chilean pesos is adjusted daily in accordance with the Consumer Price Index) (between $70,312 and $703,000 pesos or US$85 and US$850), depending on the distance in kilometers and time of the delay. 
• Passengers also have two options if their flight is delayed by more than three hours, or canceled due to overbooking or any other reason attributable to the operator. They can board the next available flight, with the company covering expenses such as food and transport, or demand their money is refunded in a timely manner. 
• The regulations also establish that if a consumer does not use one of the flights on a round trip, the airline cannot prevent them using the other flights they have reserved, or change their booking, if the passenger shows up on time for check-in and boarding.
• Consumers have the right to change a trip or request a refund of the money paid if they present a medical certificate that proves they were unable to travel. The consumer will always have the right to receive a refund for the amount paid for boarding fees for a trip not made, through the same payment method used to buy the ticket; this must be solicited within a maximum period of ten days. Airlines must take the necessary steps for children under 14 years of age to travel in seats next to those of at least one adult in their family, or another adult included in the same reservation. 
• In the case of the transfer of animals, airlines must establish the conditions to ensure their safety and well-being. 

Ranking of airline claims  

During 2022, SERNAC received more than 30,000 claims against the air transport market. This represented a 28% increase over 2021, which can be explained by the recovery of more than 82% of flights, among other things. 

Most of the claims were for contractual issues (33%), flight cancellation or delay (14%) and difficulties with terminating the contract (8%). Most claims were made against airlines with the largest market share, including LATAM Airlines (40.6%), Sky Airlines (22.5%) and JetSmart (20%).