Question 1

What is overbooking and what are my rights in Brazil?

Accepted Answer

Overbooking (denied boarding) occurs when an airline sells more tickets than available seats. If you were denied boarding with a valid ticket, you are entitled to: immediate rebooking, full refund, material assistance (meals, hotel, transport) and moral damages compensation.

Question 2

How much compensation can I get for overbooking in Brazil?

Accepted Answer

Beyond material assistance (mandatory), Brazilian courts award moral damages compensation that vary by case. Claimy can advance up to R$1,000 via Pix immediately. The full legal claim can reach much higher amounts depending on impact.

Question 3

Should I accept voluntary denied boarding?

Accepted Answer

It's your choice. If you accept, negotiate hard: demand cash (not miles), maximum amount possible, written confirmation of the next flight, hotel and meals. If you refuse and are still denied boarding, you have full legal rights to compensation.

Question 4

I need proof of the overbooking. What documents do I need?

Accepted Answer

Your ticket, boarding pass (if you had one), any written confirmation from the airline of the denied boarding, and witness accounts. Claimy knows how to build a case even without official documentation from the airline.

Question 5

Does Brazilian law apply to foreign airlines?

Accepted Answer

Yes. If the flight departs from or arrives at a Brazilian airport, ANAC Resolution 400/2016 and the Brazilian CDC apply — regardless of the airline's nationality.

Overbooking Compensation in Brazil: Denied Boarding Rights

What you are entitled to

Immediate rebooking

Full refund

Material assistance

Moral damages

Up to R$1,000 advance

Frequently Asked Questions

Related topics

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