Mexican Passenger Rights: PROFECO and Flight Delay Compensation

Mexico's framework: Passenger rights for flight disruptions in Mexico are governed primarily by the Ley de Aviación Civil (Civil Aviation Law) and administered by SICT (Secretaría de Infraestructura, Comunicaciones y Transportes) for regulatory matters and PROFECO (Procuraduría Federal del Consumidor) for consumer protection complaints.

PROFECO is Mexico's federal consumer protection agency. It handles complaints against airlines operating in Mexico for violations of consumer law, including failures to honor published conditions and denials of passenger rights. SICT oversees civil aviation regulations including passenger protection rules.

Mexico's aviation regulations require airlines to provide passengers with specific care and compensation for delays. The requirements vary by delay length.

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  Delay of 1 to 4 hours: Airlines must provide food and beverages appropriate to the wait time, and two telephone calls.

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  Delay over 4 hours: Airlines must provide the above plus hotel accommodation and ground transport if the passenger decides not to travel.

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  Delay over 4 hours (passenger chooses to wait): Airline must reimburse 25 percent of the ticket price per day of wait.

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  Flight cancellation: Full refund of the unused ticket portion. The airline must rebook the passenger on the next available flight at no additional charge, or provide a refund.

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  Denied boarding (overbooking): Full refund of the ticket, plus 25 percent of the ticket price as compensation.

Mexican passenger compensation is calculated as a percentage of the ticket price, unlike EU261's fixed amounts or Canada's APPR fixed CAD amounts. This means higher-priced tickets generate higher compensation.

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  4+ hour delay (passenger waits): 25 percent of ticket price per day of delay.

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  Denied boarding (overbooking): 25 percent of ticket price.

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  Cancellation: Full refund of unused portion plus proportional fees.

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  Baggage damage: Compensation as defined in Mexico's Civil Aviation regulations and the Montreal Convention for international flights.

For context, EU261 pays fixed amounts regardless of ticket price (250 to 600 euros). For a passenger holding a $200 Mexican domestic ticket delayed over 4 hours, the Mexican 25 percent rule pays $50, while EU261 for the same distance would pay 250 euros. EU261 is generally more generous for budget tickets.

Mexico's major domestic carriers operate under the same legal framework but differ in how readily they comply without consumer pressure.

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  Aeromexico: Mexico's flagship carrier and a SkyTeam member. PROFECO complaints against Aeromexico are among the most common in the aviation category.

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  Volaris: Low-cost carrier. Delay-related PROFECO complaints have been frequent, particularly for domestic routes.

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  Vivaaerobus: Budget carrier. Publishes passenger rights information but enforcement requires consumer persistence.

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  Interjet: Was a major budget carrier that ceased operations in 2021. Passengers with outstanding claims filed with PROFECO.

For international flights (Mexico to/from the US, Europe, Canada, etc.), the Montreal Convention applies. Mexico is a signatory. International flight delay claims follow Montreal Convention Article 19 rules: actual damages up to approximately 4,694 SDR per passenger, with the airline able to escape liability by proving it took all reasonable measures.

US passengers flying on US carriers from Mexico to the US may also have US DOT rights for the return leg. EU261 applies to EU or UK departures, including departures from Mexico City to Madrid on Iberia or similar routes.

PROFECO accepts complaints against airlines at profeco.gob.mx and through its toll-free line. The process is designed for Mexican consumers but international tourists who were stranded in Mexico can also file.

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   First, submit a formal complaint directly to the airline in writing. Keep the confirmation.

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   If the airline does not resolve within 30 days, file a complaint with PROFECO online or by phone.

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   PROFECO attempts conciliation between the consumer and the airline.

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   If conciliation fails, PROFECO can pursue enforcement action and fines against the airline.

For a comparison of Mexican rights against global standards, see EU261 vs US DOT vs APPR: the global passenger rights guide. For US DOT rights on US-Mexico routes, see how to get a refund from an airline.

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  Ask for written confirmation of the delay reason at the airport. This is useful for any PROFECO complaint.

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  Keep all receipts for food, accommodation, and transport you paid for during the delay. You will need these to support your PROFECO complaint.

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  Request the hotel and food vouchers in writing at the gate. Do not rely on verbal promises.

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  File PROFECO complaints promptly: Consumer rights claims have limitation periods. Do not delay.

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  Consider travel insurance for Mexico trips: PROFECO enforcement is imperfect, and travel insurance provides more reliable reimbursement.

Common questions about passenger rights and compensation in Mexico.