Flight Delayed or Cancelled in Mexico? Article 47 Bis of the Civil Aviation Law
Mexico's passenger rights are written into the Ley de Aviación Civil (Civil Aviation Law), mainly Article 47 Bis. It applies to airlines that hold a Mexican concession or permit, and the consumer agency PROFECO and the Federal Civil Aviation Agency (AFAC) oversee it.
Delays caused by the airline
The law's delay rules apply when the cause is attributable to the airline:
- More than 1 hour and less than 4: the airline follows its own compensation policy, which must at least include discounts on a later flight, food and drinks, or a combination. When the delay is more than 2 hours, the discount cannot be less than 7.5% of the ticket price. Airlines register these policies with AFAC and PROFECO every six months, and PROFECO publishes a comparison.
- More than 4 hours: the passenger can use the options and compensation the law sets for cancellations (below).
- In all cases: the airline must give waiting passengers access to phone calls and email.
Cancellations caused by the airline
When the airline cancels for reasons attributable to it, the passenger chooses:
- A refund of the ticket price, or of the unused part of the trip;
- Substitute transport on the first available flight, with calls and email, food based on the wait, and a hotel plus ground transportation if an overnight stay is needed; or
- Travel on a later date that suits the passenger.
With options 1 and 3, the law also sets compensation of no less than 25% of the ticket price or of the unused part of the trip.
Information and other rights
Airlines must inform passengers of schedule changes at least 24 hours before departure by phone, email, text, or another electronic channel, or as soon as they are certain of a change made within 24 hours. The law also covers using individual segments of round-trip tickets, a 24-hour cancellation window after purchase, and a free checked-baggage allowance on larger aircraft.
Main airports and airlines
Airports include Mexico City (MEX), Felipe Ángeles (NLU), Cancún (CUN), Guadalajara (GDL), Monterrey (MTY), Tijuana (TIJ), Los Cabos (SJD), and Puerto Vallarta (PVR). Airlines include Aeroméxico, Volaris, Viva Aerobus, and Mexicana.
Where to complain
Write to the airline first and keep a copy. If it does not respond, you can file a complaint with PROFECO, including online through Concilianet: concilianet.profeco.gob.mx. PROFECO's comparison of airline compensation policies is at profeco.gob.mx/politicasaviacion. The full law is published by the Chamber of Deputies: diputados.gob.mx/LeyesBiblio/pdf/LAC.pdf.
FAQ
Does Article 47 Bis apply to weather delays? The delay and cancellation compensation rules apply when the cause is attributable to the airline. Weather is generally not, but ask the airline for the cause in writing.
What is the 25% based on? The ticket price, or the price of the part of the trip that was not completed.
Does this apply to US airlines flying to Mexico? It applies to airlines operating under Mexican concessions or permits. US rules may also apply on flights to or from the United States.
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.