LATAM operates an extensive network of domestic and international routes. Despite their strong reputation, flight disruptions can occur, necessitating a clear understanding of their policies. This article provides a comprehensive guide to navigating the LATAM compensation and refund processes, including adherence to regulations for flights originating in Europe.

 

When Can You Claim LATAM Compensation?

The airline complies with international regulations, but also has its own practices regarding delays, cancellations, and denied boarding. The question is which policies apply to your case? Explore all LATAM compensation options in the following lines.

 

Flight Delays

LATAM's policies on flight delays vary depending on the duration and whether the flight falls under EU jurisdiction. The general understanding is you have the right to request a refund or rebooking if the airline delays your flight by more than 31 minutes. This applies to all flights but you may also be entitled to additional financial compensation if you were scheduled to depart from Europe. 

When it comes to rebooking, you can change the date and time of your flight within a period of 12 months for free, as long as you travel to the same destination. 

For example, if your original flight was scheduled for December 28, 2024, and you were going to travel to Berlin, you can change your ticket to any subsequent flight to Berlin until December 28, 2025.

 

Compensation for EU flights under EC 261/2004 

While LATAM is not a European airline, passengers on flights originating from Europe may claim compensation based on the flight distance and delay duration under Regulation EC 261/2004. If a LATAM flight from an EU country is delayed by more than 3 hours due to reasons within the airline’s control, compensation ranges as follows:

• €250 for flights under 1,500 km.
• €400 for flights between 1,500 km and 3,500 km.
• €600 for flights over 3,500 km.

This regulation also covers connecting flights within the same booking, ensuring LATAM compensation for delays that disrupt the entire itinerary.

 

Flight Cancellations

LATAM’s policies in cases of flight cancellations are straightforward. The airline will offer you a seat on the next available flight but you are not obliged to accept. 

The airline allows its customers to pick a new date for a flight to the same destination within 12 months. If you no longer wish to travel, you can opt for a full refund. 

 

Compensation for EU-Originating Flights

If a LATAM flight originating from the EU or the United Kingdom is cancelled less than 14 days before departure, passengers may claim financial compensation under EC 261/2004, except in cases of extraordinary circumstances. The compensation amounts are identical to those for delays and depend on the flight distance.

 

Denied Boarding

LATAM, like many airlines, sometimes overbooks flights to maximise seat utilisation. If this results in involuntary denied boarding, passengers are entitled to the following:

 

• Immediate rebooking on the next available flight.

• A full refund if the alternative travel arrangements do not suit the passenger’s needs.

• LATAM compensation for the inconvenience, in compliance with existing regulations for EU flights. If you were scheduled to depart from the European Union, you are entitled to compensation amounts similar to those for delays and cancellations. LATAM must also provide food, beverages, and accommodation if required.

 

LATAM Refund Eligibility 

LATAM allows refunds for tickets purchased with refundable fare types. These include tickets explicitly marked as refundable or those purchased with higher-tier fare options. Passengers can receive a full refund for unused portions of the ticket, provided they meet the airline's terms and conditions.

You may also claim a LATAM refund for unused additional services, such as pre-purchased baggage, meals, or seat upgrades if the associated flight was cancelled or unused due to valid reasons.

Passengers on flights originating from the EU can request a full refund if a delay exceeds 5 hours. 

Passengers who fail to board their flight without prior cancellation or rescheduling will not receive a refund. This condition applies even to refundable fare types unless specified.

 

Common Issues in the LATAM Compensation and Refund Process, and Tips for Passengers

Let’s address some common issues you may face and provide tips to maximise success when filing LATAM compensation or refund claims.

 

Strict Fare Rules and Non-Refundable Tickets

LATAM’s fare rules vary significantly depending on the ticket type. Non-refundable tickets, particularly those purchased under promotional or basic fare categories, often confuse passengers expecting a full refund.

Tip: Always review the fare conditions carefully when booking. If flexibility is important, opt for refundable fare types, especially for long-haul or international travel.

 

Delayed Processing Times

LATAM refund and compensation claims can sometimes take weeks or even months to process, especially during periods of high demand or when additional documentation is required.

Tip: Submit your claim through SkyRefund today and leave the hard work to our professional team. Our representatives will handle all communication and fight for your rights until we win your case. 

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Challenges Proving Eligibility for Compensation

LATAM may request extensive documentation to verify claims for compensation or refunds related to disruptions. 

Tip: When submitting claims, include detailed documentation such as boarding passes, flight itineraries, medical certificates (if applicable), and any communication from LATAM regarding the disruption.

 

Ambiguity in EC 261/2004-Related Claims

LATAM is obligated to comply with EC 261/2004 for flights departing from European airports. However, passengers sometimes face difficulties asserting their rights under this regulation, particularly for connecting flights.

Tip: Ensure you understand how EC 261/2004 applies to your itinerary. LATAM compensation applies to the entire journey, including connecting flights, if the disruption originated in Europe. 

 

Frequently Asked Questions

 

Can I receive a refund for a non-refundable ticket?

Non-refundable tickets are generally not eligible for a LATAM refund. Exceptions include disruptions caused by the airline, such as cancellations and significant schedule changes.

 

How does EC 261/2004 apply to LATAM flights?

EC 261/2004 applies to all flights departing from EU member states. LATAM compensation is provided for delays exceeding three hours, cancellations within 14 days of departure, and denied boarding due to overbooking. The amount varies between €250 and €600, depending on the flight distance.

 

Are connecting flights covered under EC 261/2004?

Yes, EC 261/2004 covers the entire itinerary if the journey begins in the EU and the disruption occurs on any segment of the trip, including connecting flights outside Europe. Compensation is applicable if the disruption causes significant delays to the final destination.

 

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