Passenger's rights - Chile

In compliance with Law No. 20.831 that amends the Aeronautic Code on matters of Passengers and their Rights in Chile. We then inform passengers who have bought air tickets in Chile and/or origin from Chile that the following rights are guaranteed to them:

 

 

Denial of boarding due to overselling

In the event that it is necessary to refuse boarding to a passenger due to overselling, in the first place, voluntaries should be requested that would waive their reservations in exchange for the benefits that they would accept to receive from the carrier.

If there are no voluntaries, or their number is insufficient, and it is necessary to refuse boarding to one or more passengers against their will, the following rights shall arise:

 

1. Passenger choice:

a) To be onboard on the next flight that the carrier has available, or on an alternate transportation, if he decides to persist in the air transport contract; or

b) Be reimbursed for the total amount paid for the ticket, if he desists of the transportation contract which execution would not have begun, or

c) If it is trip with stops and /or connections already begun, the passenger may opt between:

i. Be embarked in the following available flight of the carrier, or in an alternate transportation, if he decides to persist in the air transport contract.

ii. Be reimbursed for the unused portion.

iii. To be returned to the starting point, with reimbursement for the price of the ticket.

 

2. Economic compensation:the carrier must further offer the affected passenger an amount equivalent to:

a) U.F. 2 for flights of less than kilometers.

b) U.F. 3for flights between 500 and 1,000 kilometers.

c) U.F. 4 for flights between 1,000 and 2,500 kilometers.

d) U.F.10 for flights between 2,500 and 4,000 kilometers.

e) U.F.15 for flights between 4,000 and 8,000 kilometers.

f) U.F. 20 for flights of more than 8,000 kilometers.

In relation to this compensation it is necessary to remember:

  • That the passenger who accepts this compensation subsequently shall not be able to exercise actions against the carrier for refusing boarding.
  • That, if pursuant to the foregoing No. 1 letter a), the passenger is embarked on the next flight that the carrier has available, and the difference between the departure time in relation to the foreseen one for the flight initially reserved is less than three hours, compensation shall not proceed.
  • It shall be understood for a “trip with stops and/or connections” that whose arrival to the point of destination contemplates a starting point and one or more intermediate stops and /or connections when they are part of the same contract.
  • Non accompanied children, persons with disabilities, passengers with advanced age or delicate health should embark on a priority basis, pregnant women that due to their conditions require embarkation with priority, and in general, the passengers that for humanitarian reasons qualified by the carrier, must embark with preference.

 

3. Welfare benefits:if the passenger decides to persist in the transportation contract, the carrier shall be obliged to the following welfare benefits:

a) Communications that the passenger must make, whether by telephone, electronic or similar manner, if there is a difference in the foreseen departure time for the initially reserved flight greater than to 3 hours.

b) Necessary foods and refreshments until embarkation in the other flight, if there is a difference greater than three hours in the foreseen departure time for the initially reserved flight.

c) Lodging for passengers with return flight and for passengers with outbound flight who have been denied embarkment at a point of connection, not resident in the city, locality or area of the departure airport, in the event that a new flight is offered which departure be, as a minimum on the following day to the programmed departure in the passenger ticket, and provided that the passenger must stay one or more nights and the waiting time to embark the other flight so requires it. It shall be understood for “night” from midnight to 6:00 hours a.m.

d) Mobilization from the airport to the place of residence of the passenger in the city, locality or area of the departure airport, or to the lodging place and vice versa, in the event it is applicable.

e) The arrangements and benefits that may be necessary to continue the trip, in the event, that the passenger loses a connecting flight with confirmed reservation. It is understood as a “connecting flight” that whose arrival to the point of destination, contemplates a starting point, and one or more intermediate connecting point, when they are part of the same contract.

 

 

Delays or cancellations

The carrier is obliged to carry out the transportation in the date, hour and other stipulated conditions. Nevertheless, it may suspend, delay and cancel the flight or modify its conditions for reasons of safety or force majeure that may arise, such as weather phenomenon, armed conflicts, civil disturbances or threats against the aircraft. In these cases, any of the contracting parties may rescind this contract, each suffering their own losses.

Without prejudice to the foregoing, in the event of delay or of cancellation of a flight, the affected passenger shall have the following rights:

a) To embark on the following flight that the carrier may have available, or in an alternate transportation, if he decides to persist in the air transportation contract, whether the flight has not yet begun or it has been initiated and is at a stop and/or connection.

b) To the welfare benefits indicated for the denial of the embarkation, provided that the cause of the delay or cancellation be imputable to the carrier.

c) Reimbursement of the total amount paid for the ticket or the portion not used, as the case may be, if the passenger decides not to persist in the contract, whether or not the cause of the delay or cancellation is imputable to the carrier.

d) Indemnification according to the Montreal Agreement of 1999 if it is an international flight, or pursuant to the Aeronautical Code of Chile if it is a national flight.

 

Montreal Agreement of 1999:

Article 19: “The Carrier is responsible for damage caused by delays to passenger, baggage or cargo in air transportation. Nevertheless, the carrier shall not be responsible for the damage caused by delays if it proves that it and its dependents and agents adopted all the measures that were reasonable necessaries to avoid the damage or that it was impossible to one and the others to adopt said measures.”.

Article 22 N°1: In the event of a delay, the responsibility shall be limited to 4.604 Special Drawing Rights (of the International Monetary Fund).

Article 22 N°5: The affected party may judicially sue for an indemnification for a greater amount.

 

Chilean Aeronautical Code:

Article 147: “The indemnification for delay in performing the transportation of passengers shall not exceed two hundred and fifty UF units for each of them.

Nevertheless, not other indemnification shall proceed if the carrier proved that it adopted all the necessary measures to avoid the deed that caused the delay, or that it was impossible to adopt them”.

Article 133 Letter B c): The indemnification of article 147 shall proceed if the delay or the cancellation is due to causes imputable to the carrier, pursuant to the following:

i) If the delay was greater than three hours in relation to the time of departure foreseen in the passage ticket.

ii) If at the time of cancellation, except if the passenger was informed and another flight was offered which would allow him/her to arrive his/her destination with no more than three hours of delay in relation to the foreseen time.

For the purposes of communicating the cancellation, the passenger, when making the reservation or buying his/her ticket, shall inform the carrier, directly or through its authorized agents, his/her correct contact data, such as address, telephone and electronic mail.



Refund of boarding fees

In compliance with the provisions of article 133 letter C of the Chilean Aeronautical Code, if the trip is not made, the boarding fees, charges or aeronautical rights that the passenger may have paid will be refunded.

Boarding fees correspond to an air tax charged by the aeronautical authority or the airport operator for the use of some services, such as departure lounges and airport infrastructure.

If your ticket was purchased at a travel agency, contact the agency to request a refund.

If your ticket was purchased directly from Copa Airlines (copa.com, mobile application, airport, reservation center or sales offices), complete the Boarding Fee Refund in Chile form.

The refund of shipping fees will be effective in a maximum of 15 business days.

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