How to Claim Refund and Compensation from Latam Airlines
Traveling can be exciting, but unfortunately, some inconveniences can occur such as cancelled flights, overbooked flights, delayed flights o lost luggage. The good news is that in many situations, the passenger has the right to request a refund and/or compensation.
In the specific case of Latam Airlines flights, there are precise conditions and special documents to submit, and we at Rimborso Al Volo are available to help you better understand the topic and assert your rights, guiding you through all procedures.
The history of Latam Airlines
LATAM Airlines is the largest aviation group in Latin America, formed in 2012 from the merger between Chile’s LAN and Brazil’s TAM. With offices in Santiago and São Paulo, it connects the entire South American continent with the rest of the world. It is the reference carrier for those traveling to Brazil, Chile, Peru and Argentina, offering a national and international network in the region.
However, while traveling, unexpected events can also occur with Latam, so let’s find out together how to request and obtain reimbursement and compensation for Latam flights.
Latam Airlines Refund and Compensation: Differences and Case Studies
Please be careful not to confuse the two, as there is a difference. A refund refers to the full or partial return of the amount paid (the cost of the ticket and any additional expenses incurred) and is generally granted because it was not possible to take the flight. Compensation, on the other hand, is a sum of money – the amount of which varies and is independent of the ticket price and whether the flight actually took place – to which the passenger is entitled to make up for the inconvenience suffered as a result of the airline’s inefficiency… but don’t worry, as we’ll look at both scenarios in detail.
Latam Airlines Refund: What is it and when is it entitled?
For flights departing from the EU, LATAM must comply with Regulation (EC) 261/2004, so the passenger has the right to request a refund from Latam, i.e. the return of the money paid for the purchase of the air ticket or for the extra expenses incurred, in the event of:
- Exceptional circumstances for which Latam cannot be considered responsible for the inconvenience and failure to leave, such as adverse weather conditions, strikes or health alarm.
Latam also includes among the case studies:
- Flight delayed by more than 5 hours
- Inability to leave due to serious illness, death subject to a medical certificate and subject to the terms and conditions of the fee.
Latam will allow passengers to choose whether to request a ticket refund or be reprocessed on a similar flight.
Latam Airlines Compensation: What is it and when is it eligible?
Compensation (or indemnity or monetary compensation) has nothing to do with the refund of the ticket but is a sum of money that is due to the passenger for inconveniences suffered as a result of:
- Flight canceled
- Flight delayed equal to or greater than 3 hours
- Overbooked flight
- Inconveniences related to baggage delivery such as lost luggage o delayed baggage delivery
Compensation is thus compensation payable to the passenger for inefficiency on the part of the airline and is completely independent of the cost of the ticket.
The passenger does NOT have the right to claim any compensation when:
- was notified of the flight cancellation at least 14 days in advance
- he is denied boarding for health or safety reasons or in the event of invalid travel documents;
- unforeseen events occur that exempt the airline from any responsibility such as adverse weather conditions, safety risks, strikes, unstable political situations.
If the passenger is not entitled to compensation from Latam for exceptional circumstances, can he be entitled to a refund?
Of course, if the flight has been cancelled due to strike, adverse weather conditions, the company is required to retrotect the traveler on the first available flight or to reimburse the cost of the flight it cancelled, as well as pay any extra expenses.
In the presence of exceptional climatic circumstances (e.g. volcanic eruption), compensation is not due, but ticket reimbursement is guaranteed if the flight does not take place.
How much is the Latam Airlines compensation?
Submitted to Regulation (EC) 261/2004 (flights from the EU) and the Montreal Convention: the Irish airline is in fact required to compensate the traveler for the following inconveniences:
- Flight canceled
- Denied boarding due to overbooking
- Flight delayed by at least 3 hours
- € 600.00 for routes for intercontinental routes (e.g. Milan-San Paolo).
For each of the cases, the compensation figure is fixed at EUR 600 and refers to intercontinental routes.
- damaged luggage
- Delay in the delivery of baggage
- lost baggage
Up to approximately €1,600 as maximum compensation for damages suffered.
How to claim refund and compensation from Latam Airlines?
Latam refund can be requested for cancelled flight, overbooking, flight delay or exceptional circumstances through the “Help Center” and the “My Trips” section on the LATAM website. You must complete the complaint form, specifying your flight details.
However, it often happens that passengers only proceed with the request for reimbursement, mainly because they are unaware of the conditions in which the compensation is applicable or because they are told that the causes of the cancellation or delay were force majeure. Furthermore, claiming compensation in Latam can lead to difficulties and rather long waiting times without having the certainty of obtaining compensation. For these reasons it is always recommended to rely on a team of professionals such as that of Rimborso al Volo who will handle all the paperwork for the passenger and verify everything the airline says about any exceptional circumstances to find out if they are actually entitled to compensation as well.
How to get a Latam Airlines refund and/or compensation with the help of Rimborso Al Volo?
We offer a service to obtain financial compensation from Latam depending on the air travel inconvenience caused.
By relying on the Rimborso al Volo staff for your Latam refund and compensation claim, the process will certainly be faster than if you made your own claim. In case you go through legal channels, the team will seek the cooperation of legal experts to enforce your rights to the fullest!
Fill in the form and request your Latam refund.
FAQ Latam Airlines Flight Disruptions
Are domestic flights in Brazil covered by EU regulation?
- For domestic flights within Brazil or between South American countriesYou are protected by local Brazilian law. This law is very protective and provides for immediate assistance (communication after 1 hour, food after 2 hours, hotel after 4 hours) and the right to reimbursement or reprocessing, but the criteria for monetary damages follow local courts.
Can I claim compensation if the delay is due to a technical fault?
How long do I have to ask for a refund/compensation?
- Flights from Italian airports: You usually have 2 years to apply for monetary compensation.
- International flights: For delay damage or baggage problems, the deadline is 2 years.
- Domestic Flights Brazil: Terms may vary, but for unused ticket refunds (via LATAM Wallet), the credit is usually valid for 1 year.
Overbooking Flight Latam: What Am I Entitled to?
- Departure from EU: You are entitled to immediate compensation of 600€, plus the choice between a ticket refund or an alternative flight.
- Flights to Brazil:The company must look for volunteers. If you are involuntarily excluded, LATAM must pay you immediate compensation (established in quotas called DES) and provide you with all necessary assistance (meals, hotels, transportation) until the next available flight.
Lost Luggage Latam: What Am I Entitled to?
- Within 21 days: You can request reimbursement for essential expenses documented with receipts (clothes, hygiene).
- After 21 daysThe luggage is officially lost. You are entitled to compensation based on the Montreal Convention, up to a maximum of approximately 1,600€ - 1,900€ (depending on the exchange rate of Special Drawing Rights).
- Important: If you notice any damage to your luggage after leaving the airport, you have 7 days to report it through official channels.
Problems on the Flight? Get compensation up to 600€
Get compensation in the event of a delay, cancellation or overbooking occurred within the last 2 years.
