TAM/LAN Cancelled flights - rights

[davonz]

I am returning from bogota in a week with TAM/LAN and i got an email today saying my flight which was arriving at AEP at 13:00 has been cancelled, and they have booked me another flight and i arrive at EZE at 20:20 - same day.

Because of this i will be sitting in GRU for around 12 hours.
In most western countries if your flight is delayed/cancelled and the delay is longer than 4 or 5 hours they have to give you food, hotel, cash etc compensation.

What are my rights here as i want to know before i rock up to the checkin/customer service desk - does anyone know what TAM/LAN usually do - TAM is a star alliance member ?

 

[CarverFan]

Are you US? If so and you don't have a visa for Brazil you will have to stay at the airport the whole time. It's a terrible place with hardly any eateries. I would def call them now and try to change the ticket.

 

[davonz]

I am a kiwi - but i have no desire to go into the city as i have been to sao paulo and GRU many times. And yes, the airport isnt exactly a nice place to waste 12 hours.

 

[TheBlackHand]

Send an email and make a few calls to the airline. They should and will comp you at least a few thousand frequent flyer miles for your trouble. I wouldn't expect much else though.

 

[davonz]

I have emailed them, but i dont expect to get a reply.

HOWEVER - luckly I kept the email with ticket attached when I made the booking, and it states in the air transport agreement:

5.9.5. In case of Flight delays, cancellations or interruptions, as well as if, for some reason beyond Passenger’s control or fault, boarding is not possible, Carrier shall assure Passenger who shows up for boarding the right to receive material assistance.

5.9.6. Material assistance shall mean meeting the immediate needs of Passenger, freely and in a manner consistent with the estimated waiting time, counted as of the originally scheduled departure time, as follows:
a) more than 1 hour: communication facilities, such as phone calls, Internet access or others;
b) more than 2 hours: adequate food;
c) more than 4 hours: appropriate accommodation, transfer and, when necessary, hotel service.


So maybe i can request a hotel room etc..

 

[luisman75]

davonz, you can claim those "benefits" such as food, hotel service, phone calls, etc...only if the cancellation/delay of your flight occurs after the check-in. If your flight has not started yet, I think that is not possible to request that possible compensation.

 

[dennisr]

Best you could hope for is food vouchers. If I was in your situation would contact customer service and in the NICEST and sweetest manner possible, ask them to try and rebook on something that is more direct. Suggest to them that it is imperative you be in Buenos Aires on such such time and date. Maybe leaving a day early would help the situation. When flying, you have got to roll with the punches. Easier said than done.

Good luck

 

[davonz]

davonz, you can claim those "benefits" such as food, hotel service, phone calls, etc...only if the cancellation/delay of your flight occurs after the check-in. If your flight has not started yet, I think that is not possible to request that possible compensation.

Actually i didnt read the terms and conditions properly - i done a search for delays and thats what came up..

5.9 refers to domestic travel.

5.10 refers to international travel and the montreal conventions - and tam doenst give any info on flight cancelations and delays.

http://www.tam.com.br/b2c/vgn/v/index.jsp?vgnextoid=61fcaef2eba73210VgnVCM1000000b61990aRCRD

 

[Crema Americana]

I would call the airline and see if they can't either change your route or allow you to leave a day before or a day after at the times you selected. Sometimes they're pretty flexible when it comes to cancelled flights.

If not, it doesn't hurt to ask for something to make your 12 hour wait more comfortable... be it food vouchers or accomodation.

 

[Newsjunkie]

When I was getting here my LAN flight from Santiago was cancelled because the pilot was apparently sick; I overheard one of the ladies at the counter at 6am so the information might not be entirely correct. Anyways, I received a voucher for 150 dollars that could be spent on LAN products or the option of a 50 dollar cash voucher from LAN, both could be used within a year.