Flight Delayed or Cancelled in Chile? Your Rights Under the Aeronautical Code
Chile's passenger rights for delays and cancellations are in the Código Aeronáutico (Aeronautical Code), mainly Articles 133 A and 133 B, added by Law 20.831 in 2015. The Civil Aeronautics Board (Junta de Aeronáutica Civil, JAC) explains these rights on its passenger site.
Your options when a flight is delayed or cancelled
Under Article 133 B, a passenger affected by a delay or cancellation can:
- Board the next available flight of the airline, or alternative transport, if they want to continue the trip, even mid-journey at a stopover or connection.
- Get care ("prestaciones asistenciales") under Article 133 A, when the cause is attributable to the airline.
- Seek compensation under Article 147 when the cause is attributable to the airline and the delay is more than 3 hours past the departure time on the ticket (4 hours on aircraft designed for up to 29 seats), or at the time of a cancellation, unless you were offered another flight leaving no more than 3 hours (or 4) late.
- Get a refund of the total amount paid, or of the unused portion, if you choose not to continue once those time limits have passed, whether or not the airline caused the delay.
Care during the wait
JAC explains that when the airline is responsible and the new flight leaves more than 3 hours after the original, care includes:
- Communications you need, if the new flight differs by more than 1 hour
- Meals and refreshments worth at least 0.5 UF when the gap is 2 hours or more, repeated every 3 additional hours while you wait at the airport
- Lodging when needed
- Transportation between the airport and your home or lodging, when applicable
Information
Any cancellation or delay must be communicated to the passenger in writing by the fastest available means, with the reason. When booking, give the airline your contact details so it can reach you.
Main airports and airlines
Airports include Santiago (SCL), Puerto Montt (PMC), Antofagasta (ANF), Calama (CJC), Concepción (CCP), Punta Arenas (PUQ), Iquique (IQQ), and Easter Island (IPC). Airlines include LATAM, Sky Airline, and JetSMART.
Where to complain
Write to the airline first and keep a copy. JAC's passenger site explains your rights and complaint options: derechosdelpasajero.jac.gob.cl. Consumer complaints can also go to the national consumer service SERNAC: sernac.cl.
FAQ
Can I get a refund even if the delay was caused by weather? Article 133 B says the refund option applies once the time limits pass, whether or not the airline caused the delay.
What counts as the delay time? The law measures it against the departure time on your ticket.
Is there a limit on compensation? Compensation is governed by Article 147 of the Code, which sets a legal limit. The amount depends on your case.
Related guides
- Flight cancelled? What to ask for
- Missed a connection because of a delay?
- Flight delay rules around the world
Create your letter
Delay Draft writes a clear, professional letter that you send to the airline yourself. It lists your flight, the times, the cause you were given, and the rule you are relying on. We are not a law firm, we do not give legal advice, and we do not file claims for you. Questions: claims@delaydraft.com.