LATAM Airlines Delay Compensation: South American Passenger Rights

LATAM Airlines delay compensation is governed by the rules of the departure country, not EU261. Brazil, Chile, Peru, Colombia, and Ecuador each have separate aviation passenger rights frameworks. For flights to or from the US, US DOT protections also apply. This guide covers all major LATAM markets.

LATAM Airlines South America delay compensation claims vary significantly by country because Latin America does not have an equivalent to EU261. LATAM Airlines Group operates the largest airline network in South America, covering Brazil, Chile, Peru, Colombia, Ecuador, Paraguay, and Bolivia. Each country where LATAM operates has its own passenger rights regulation governing delays, cancellations, and care rights.

LATAM Group operates several distinct entities, each licensed in its home country:

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  LATAM Airlines Brazil (LA): Brazilian ANAC regulations apply to flights departing Brazil.

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  LATAM Airlines Chile (LA): Chile's DGAC regulations apply to flights departing Chile.

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  LATAM Airlines Peru (LP): Peru's DGAC regulations apply to flights departing Peru.

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  LATAM Airlines Colombia (LM): Colombia's Aerocivil/RAC 3 applies to flights departing Colombia.

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  LATAM Airlines Ecuador (XL): Ecuador's DGAC regulations apply to flights departing Ecuador.

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  LATAM flights to or from the US: US DOT protections apply in addition to the departure country's rules.

For international passenger rights across multiple frameworks, see the international passenger rights guide. For DOT refund rights, see how to get a refund from an airline.

ANAC Resolution 400 (Agência Nacional de Aviação Civil, Brazil) governs passenger rights for flights departing Brazilian airports. It is the strongest passenger rights framework in South America.

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  Delay of 1 to 2 hours: LATAM must inform passengers with explanation and updated departure time. Free communication access.

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  Delay of 2 to 4 hours: LATAM must provide meals or vouchers appropriate to the time of day.

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  Delay of 4 or more hours: LATAM must offer a full refund to original payment method, or rebooking on the next available flight at no charge, or accommodation and ground transport if travel continues the following day.

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  Cancellation: Immediate right to a full refund, or rebooking, or accommodation and ground transport if needed.

Brazil does not mandate fixed cash compensation amounts for delays like EU261. ANAC Resolution 400 focuses on care rights and refund or rebooking options. For monetary damages beyond care rights, passengers can file consumer claims through ANAC or the Brazilian consumer protection agency (PROCON).

Passenger rights vary across LATAM's other operating countries. The common thread is that all require care rights for significant delays and refund or rebooking options for cancellations:

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  Chile (DGAC): Chile's air passenger rights require LATAM to inform passengers, provide meals for delays over 2 hours, hotel accommodation for overnight delays, and a full refund or rebooking for cancellations. Chile's Sernac (consumer protection) handles airline complaints.

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  Peru (DGAC Peru): Peru's regulations mirror Brazil's in structure: care rights scale with delay duration, and cancellations trigger a refund or rebooking right. Peru's INDECOPI handles consumer complaints against airlines.

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  Colombia (Aerocivil/RAC 3): Similar to Avianca rules: meals after 1 hour, hotel after 3 hours if overnight, full refund or rebooking for cancellations. Colombia's Aerocivil and SIC handle complaints.

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  Ecuador (DGAC Ecuador): Ecuador's regulations require care rights for delays and refund or rebooking for cancellations. Ecuador's DGAC handles passenger complaints.

LATAM operates routes to several US cities, including Miami, New York, Los Angeles, and Orlando. On these routes, US DOT rules apply to LATAM's obligations:

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  Cancellation: DOT requires a full cash refund to your original payment method for any cancellation, regardless of the reason. This is stronger than most South American national rules.

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  Significant delay (international, 6 or more hours): DOT requires a cash refund if you choose not to travel.

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  Denied boarding: DOT rules require compensation of 200 to 400 percent of the one-way fare (with caps) paid immediately.

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  Baggage: The Montreal Convention limits liability for delayed or lost baggage on international flights, typically around $1,700 USD.

When LATAM cancels a US-bound or US-departing flight, you can file a DOT complaint at transportation.gov/airconsumer. DOT complaints against foreign carriers operating to or from the US are processed the same as complaints against US carriers.

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   Document everything at the airport. Photograph the departure board, save all LATAM notifications (app, email, text), and keep every receipt for meals or accommodation you purchased.

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   Request care rights in person. At the gate or service desk, ask LATAM staff for meals (after 2 hours in Brazil, after 1 hour in Colombia) and hotel accommodation if the delay extends overnight.

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   Submit a formal written claim at latamairlines.com. Navigate to 'Customer service' then 'Claims.' Include your booking reference, flight number, delay duration, country of departure, and supporting documentation.

4. 4

   Allow 15 to 30 business days for response. LATAM's response timeline varies by country. Brazilian claims typically receive faster responses due to stronger ANAC enforcement.

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   If LATAM refuses: Escalate to the national regulator of the country where your flight departed (ANAC Brazil, DGAC Chile, DGAC Peru, Aerocivil Colombia, DGAC Ecuador).

Escalation paths depend on the departure country:

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  Brazil: ANAC at gov.br/anac. Also PROCON (consumer protection) and Brazil's consumer court (JEC) for monetary claims. Brazil has the strongest enforcement infrastructure in South America.

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  Chile: SERNAC (Servicio Nacional del Consumidor) at sernac.cl. Handles airline consumer complaints with reasonable enforcement.

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  Peru: INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual) at indecopi.gob.pe.

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  Colombia: Aerocivil at aerocivil.gov.co, plus SIC (Superintendencia de Industria y Comercio) for consumer protection claims.

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  US DOT (for US routes): File at transportation.gov/airconsumer for refund denials on US-bound LATAM flights.

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  Credit card chargeback: For cancellation refund denials, a chargeback citing non-delivery of service is available if you paid by card.

For a full framework of international passenger rights, visit the international passenger rights guide.

Not sure which rules apply to your flight? TravelStacks checks US DOT, EU261, and UK261 automatically. US claims: $19 flat. EU/UK claims: 25% no-win-no-fee. Check your flight.